DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
Claims 1, 17, and 20 have been amended.
Claims 2-3 and 18-19 have been cancelled.
Claims 1, 4-17, and 20 are currently pending and addressed below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 5-12, 14-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Frisbie et al. (US 2017/0210449), hereinafter referred to as Frisbie, in view of Wheeler et al. (US 2020/0387297), hereinafter referred to as Wheeler. Frisbie and Wheeler are considered analogous to the claimed invention because they are in the same field of controlling a display of a user interface configured to enable control of a marine vessel.
Regarding claim 1, Frisbie teaches:
A display control method of a plurality of maneuvering function displays to display maneuvering functions of a marine vessel ("Marine vessels often employ numerous instruments, controls, displays and gauges for allowing operators to view cartographic maps, navigate to desired locations, locate fish and other underwater objects, monitor fuel levels and other vessel conditions, and perform other control and monitoring functions. To reduce dashboard clutter and simplify operation, marine vessels are increasingly being equipped with one or more multi-function electronic displays that replace many of the individual instruments, controls, and gauges." – see at least Frisbie: paragraph 0001),
the plurality of maneuvering function displays including a first maneuvering function display to display a maneuvering function that is usable while the marine vessel is traveling ("In addition to displaying information from one or more selected marine input sources 116, each mode of operation may present information in a particular operator-selected or otherwise predetermined format. For example, some of the information may be presented in the form of one or more virtual devices that mimic the appearance and/or function of a gauge, instrument, or other analog device. Each virtual device may have a unique collection of graphical and functional properties that may be configured by a layout designer and/or adjusted by an operator. Examples of virtual devices that may be presented with the marine vessel display system 100 include a chartplotter, a radar screen, a fishfinder and/or other type of sonar, a camera/video screen, digital switching, digital instruments with numbers, analog instrument gauges, autopilot interfaces, and entertainment interfaces." – see at least Frisbie: paragraph 0055),
and a second maneuvering function display to display a maneuvering function that is usable while the marine vessel is not traveling ("For example, the processing system 110 may implement a pre-trip planning mode in which information representative of trip planning data is presented on the display 108. The trip planning data may be uploaded, transmitted, or otherwise communicated to the marine vessel display system 100 from one or more marine input sources 116 and may include route planning data; waypoint data; journey plans; forecasted wind, current, storm, and/or tidal conditions; vessel fuel requirements; vessel water requirements; and other data that may be useful to an operator while planning a journey. The pre-trip planning mode may permit an operator to create a journey plan or similar plan on a remote or local computer and then transfer information related to the plan to the marine vessel display system 100 so it can be presented on the display 108 and accessed by the operator while operating the marine vessel 102." – see at least Frisbie: paragraph 0043) (The examiner notes that one of ordinary skill in the art would recognize that the pre-trip planning mode as taught by Frisbie refers to a mode conventionally used prior to a trip beginning (i.e., before the vessel begins traveling)),
the display control method comprising: selectively switching between display and non-display of each of the plurality of maneuvering function displays ("In some embodiments, the display format may change based on a current operating mode. For example, if the selected mode of operation is changed from a first mode of operation, such as a navigation operating mode, to a second mode of operation, such as a docking, fishing, or planning mode of operation or other modes of operation, the display format may change accordingly to accommodate features relevant to the newly selected mode of operation." – see at least Frisbie: paragraph 0055)
or selectively changing a display position of each of the plurality of maneuvering function displays ("The processing system 110, 110A may also allow an installer or configuration person to create custom layouts for the modes of operation. An installer and/or designer may, for example, select the size, position, and name of all buttons, virtual devices, etc., for each mode of operation." – see at least Frisbie: paragraph 0106)
based on at least one of a configuration of a maneuvering system of the marine vessel, a maneuvering status of the marine vessel, a purpose of use of the marine vessel, a current position of the marine vessel, or an execution record of the maneuvering function ("The change may be initiated by a user or automatically based on location or other data available to the marine vessel display system 100." – see at least Frisbie: paragraph 0055);
wherein the plurality of maneuvering function displays include touch buttons that are software keys displayed on a touch panel (“The mode selector screen 152, as illustrated in FIGS. 9 and 10, may present buttons, icons, or other selectors for various different modes of operation as shown. The operator may communicate a touch input to a touchscreen 128 overlaying the display 108 or otherwise select any of the displayed modes of operation to present information related to the mode of operation on the display 108.” – see at least Frisbie: paragraph 0082) (The examiner notes that Fig. 10 of Frisbee as shown below illustrates an example of operating a touch button that is a software key displayed on a touch panel).
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Frisbie does not explicitly disclose, but Wheeler teaches:
the touch panel only displays the touch buttons (“Examples of controls include graphical elements such as buttons, sliders, spinners, drop-down lists/menus, toolbars, icons, etc. The numbers of controls, types of controls, combination of controls, and positioning of controls in UIs tend to be unique for each application.” – see at least Wheeler: paragraph 0037) (The examiner notes that Fig. 7 of Wheeler as shown below illustrates an example embodiment of a display panel which displays only icons which correspond to the claimed touch buttons. The examiner further notes that while this example embodiment of Wheeler is directed towards use for a video game control interface, the teachings of Wheeler are adaptable to a variety of applications, including control of water-based vehicles (“For example, a user may interact with UI layout 120 to control a device in person (e.g., controlled device 146 such as a wired or wireless controlled flying drone, water or terrain vehicle or a ground robot) via wired or wireless communication 152.” – see at least Wheeler: paragraph 0043)).
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It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frisbie with these above aforementioned teachings from Wheeler such that the touch panel only displays the touch buttons. At the time of the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated to incorporate Wheeler’s user interface customization system with Frisbie’s marine vessel display system in order to create a variety of user interface designs, including a user interface which only includes a preferred type of control input (e.g., touch buttons) (“An infinite variety of socket templates may be implemented. Template socket design (e.g., configuration or layout) may be based on, for example, type of UI application, type of controls, type of display device, type of interaction (e.g., handheld finger touch, pointing device), etc.” – see at least Wheeler: paragraph 0066). Doing so would provide the benefit of allowing display of any combination of touch controls which are customizable based on user preferences (“Third control group 410 may comprise any number and combination of controls, such as the first through fourth controls C1-C4. For instance, in an embodiment, third control group 410 may include back, guide and start controls, one or more menu access controls, etc. In embodiments, a control in UI control layout 401 may have any graphical form factor, including being displayed and interactable as a button, a touch pad, a switch, a D-pad, a stick, etc.” – see at least Wheeler: paragraph 0091).
The examiner notes that the primary reference by Frisbie already teaches a system which allows customizable display layouts, including layouts using touch buttons on a display panel as set forth in further detail above (“The processing system 110, 110A may also allow an installer or configuration person to create custom layouts for the modes of operation. An installer and/or designer may, for example, select the size, position, and name of all buttons, virtual devices, etc., for each mode of operation.” – see at least Frisbie: paragraph 0106 and Fig. 10 of Frisbie). As such, it is reasonably conceivable for Frisbie alone to teach the embodiment in which a custom display layout includes only touch buttons. For example, Fig. 10 of Frisbie as shown above illustrates a display that consists largely of touch buttons, with only a limited amount of additional graphical elements. Nonetheless, Wheeler is further applied to provide additional teachings and motivations for customizing a display layout to include only touch buttons, as set forth in further detail above. The examiner further notes that the use of touch buttons for providing control inputs is considered conventional activity which is well known by one of ordinary skill in the art (e.g., as taught by both Frisbie and Wheeler). One of ordinary skill in the art would therefore be readily capable of modifying Frisbie to reach the claimed invention, based at least on the teachings and motivations provided by Wheeler as set forth above.
Regarding claim 5, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
further comprising: not displaying the second maneuvering function display in a case where the marine vessel is traveling ("FIG. 12 depicts the marine vessel display system 100A with a Main Transit or Navigation mode of operation depicted on the three displays 108A, 108B, 108C. As described above, the Main Transit or Navigation mode of operation may cause the display of several virtual devices as well as textual and graphical information." – see at least Frisbie: paragraph 0102) (The examiner notes that the Main Transit or Navigation mode of operation as taught by Frisbie refers to a mode of operation in which the marine vessel is traveling. Since each mode of operation is associated with its own set of functional display elements as described in further detail above (and as taught in at least paragraph 0055 of Frisbie), one of ordinary skill in the art would recognize that while the marine vessel taught by Frisbie is traveling while operating in the Main Transit or Navigation mode of operation, only the corresponding functional display elements for the current mode of operation would be displayed, and functional display elements corresponding to a different mode (e.g., a pre-trip planning mode) would not be displayed).
Regarding claim 6, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
further comprising: not displaying the first maneuvering function display in a case where the marine vessel is not traveling ("For example, if the selected mode of operation is changed from a first mode of operation, such as a navigation operating mode, to a second mode of operation, such as a docking, fishing, or planning mode of operation or other modes of operation, the display format may change accordingly to accommodate features relevant to the newly selected mode of operation." – see at least Frisbie: paragraph 0055) (The examiner notes that one of ordinary skill in the art would recognize that when the mode of operation as taught by Frisbie is changed to a mode indicating that the marine vessel is not traveling (e.g., a planning mode of operation), the display format is configured to change accordingly, and therefore would no longer display functional display elements associated with a mode in which the marine vessel is traveling (e.g., a navigation mode)).
Regarding claim 7, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
further comprising: displaying one of the plurality of maneuvering function displays corresponding to a maneuvering function that is usable at a position closer to a vessel user than others of the plurality of maneuvering function displays ("The processing system 110, 110A may also allow an installer or configuration person to create custom layouts for the modes of operation. An installer and/or designer may, for example, select the size, position, and name of all buttons, virtual devices, etc., for each mode of operation." – see at least Frisbie: paragraph 0106)
based on at least one of a configuration of a maneuvering system of the marine vessel, a maneuvering status of the marine vessel, a purpose of use of the marine vessel, a current position of the marine vessel, or an execution record of the maneuvering function ("The change may be initiated by a user or automatically based on location or other data available to the marine vessel display system 100." – see at least Frisbie: paragraph 0055).
As set forth above, Frisbie teaches customized selection of the size and position of all buttons and virtual devices for each mode of operation. Based on at least these aforementioned teachings of Frisbie, it is considered an obvious design choice for a layout designer and/or a user of the marine vessel to customize the layout of the display such that one of the plurality of buttons and virtual devices corresponding to a maneuvering function that is usable is selected to be at a position closer to a vessel user than others of the plurality of buttons and virtual devices (“Each virtual device may have a unique collection of graphical and functional properties that may be configured by a layout designer and/or adjusted by an operator.” – see at least Frisbie: paragraph 0055). Doing so would provide the benefit of allowing a button or virtual device to be more readily accessible to the user of the marine vessel in a case where it is more likely to be used than other buttons or virtual devices during a particular mode of operation of the marine vessel.
The examiner notes that the same aforementioned rationale as applied to claim 7 is further applicable to at least claims 8-12, each of which are dependent on claim 7, and each of which describe additional cases in which a particular maneuvering function display (e.g., a button or virtual device) is displayed at a position closer to a vessel user than other maneuvering functions displays based on a particular condition of the marine vessel. For each of claims 8-12, the respective teachings from Frisbie as set forth below provide the same benefit of increasing the accessibility of a particular feature of the display system in a case where that particular feature is more likely to be used than other features during a particular mode of operation of the marine vessel.
Regarding claim 8, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
further comprising: displaying the second maneuvering function display at a position closer to a vessel user than the first maneuvering function display in a case where the marine vessel is used in-shore ("As shown in FIGS. 5A and 5B, a region 500 may contain one or more geographic areas 502, which may have characteristics that make the choice of one or more modes of operation of the marine vessel display system 100 desirable while the marine vessel 102 is located within the geographic area 502...In some embodiments, a geographic area 502 may be defined around a port, dock, or anchorage. Thus, an operator may desire to select a docking/undocking mode of operation when the marine vessel 102 moves from outside the geographic area 502, as shown in FIG. 5A, to within the geographic area 502, as shown in FIG. 5B." – see at least Frisbie: paragraph 0061) (The examiner notes that a geographic area defined around a dock as taught by Frisbie is considered to correspond to an in-shore area, because docks are conventionally located along a shore. Frisbie further teaches that detecting the current geographic area of the marine vessel and changing the mode of operation and display format according may be performed automatically ("In this manner, the marine vessel display system 100 may automatically select one or more modes of operation when the marine vessel display system 100 determines that the marine vessel 102 has entered the geographic area 502 (e.g., crossed a boundary 504 of the geographic area 502) wherein the one or more modes of operation are associated with the geographic area 502." – see at least Frisbie: paragraph 0062)).
Regarding claim 9, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
further comprising: displaying the first maneuvering function display at a position closer to a vessel user than the second maneuvering function display in a case where the marine vessel is used off-shore ("In configurations, the processing system 110 may implement multiple fishing modes, each associated with information and settings specific to types of fish, depths of fish, or other appropriate situations. For example, if an operator is in a deep area, a fishing mode with a sonar frequency suitable for deep-water fishing may be automatically selected. In another example, if an operator is in a small channel, a fishing mode with a side-view sonar, such as Garmin SideVu, may be automatically selected. This may be especially useful to fisherman participating in tournaments, as the marine vessel display system 100 may automatically switch modes based on the section of the body of water in which they are currently located." – see at least Frisbie: paragraph 0050) (The examiner notes that an area for deep-water fishing as taught by Frisbie corresponds to an off-shore area).
Regarding claim 10, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
further comprising: displaying the second maneuvering function display at a position closer to a vessel user than the first maneuvering function display in a case where the marine vessel is used for fishing ("The processing system 110 may also implement a fishing mode in which information representative of fish finder data, water temperature data, navigation data, and/or proximity data is presented on the display 108. The fishing mode may allow an operator to view representations of fish, other boats, and hazards while fishing and to monitor water conditions to determine if they are conducive to fishing." – see at least Frisbie: paragraph 0050).
Regarding claim 11, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
further comprising: displaying the second maneuvering function display at a position closer to a vessel user than the first maneuvering function display in a case where the marine vessel is stopped after traveling ("The processing system 110 may also implement an anchoring mode in which information representative of the anchor status data, wind data, depth data, tide data, proximity data, and/or navigation is presented on the display 108. The anchoring mode may permit an operator to find suitable locations to anchor the marine vessel 102, and alert the operator if the anchor is dragging and/or if the marine vessel 102 is moving when it should not be." – see at least Frisbie: paragraph 0048) (The examiner notes that the anchoring mode as taught by Frisbie corresponds to a mode in which the marine vessel is stopped (e.g., anchored) after traveling to a suitable anchoring location).
Regarding claim 12, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
further comprising: displaying the second maneuvering function display at a position closer to a vessel user than the first maneuvering function display in a case where the marine vessel moves to a vicinity of a pier ("As shown in FIGS. 5A and 5B, a region 500 may contain one or more geographic areas 502, which may have characteristics that make the choice of one or more modes of operation of the marine vessel display system 100 desirable while the marine vessel 102 is located within the geographic area 502...In some embodiments, a geographic area 502 may be defined around a port, dock, or anchorage. Thus, an operator may desire to select a docking/undocking mode of operation when the marine vessel 102 moves from outside the geographic area 502, as shown in FIG. 5A, to within the geographic area 502, as shown in FIG. 5B." – see at least Frisbie: paragraph 0061) (The examiner notes that the geographic area defined around a port, dock, or anchorage as taught by Frisbie corresponds to an area in the vicinity of a pier).
Regarding claim 14, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
further comprising: displaying one of the plurality of maneuvering function displays corresponding to a maneuvering function that is usable in an enlarged manner as compared with others of the plurality of maneuvering function displays ("The processing system 110, 110A may also allow an installer or configuration person to create custom layouts for the modes of operation. An installer and/or designer may, for example, select the size, position, and name of all buttons, virtual devices, etc., for each mode of operation." – see at least Frisbie: paragraph 0106)
based on at least one of the configuration of the maneuvering system of the marine vessel, the maneuvering status of the marine vessel, the purpose of use of the marine vessel, the current position of the marine vessel, or the execution record of the maneuvering function ("The change may be initiated by a user or automatically based on location or other data available to the marine vessel display system 100." – see at least Frisbie: paragraph 0055).
As set forth above, Frisbie teaches customized selection of the size and position of all buttons and virtual devices for each mode of operation. Based on at least these aforementioned teachings of Frisbie, it is considered an obvious design choice for a layout designer and/or a user of the marine vessel to customize the layout of the display such that one of the plurality of buttons and virtual devices corresponding to a maneuvering function that is usable is selected to be displayed in an enlarged manner relative to others of the plurality of buttons and virtual devices (“Each virtual device may have a unique collection of graphical and functional properties that may be configured by a layout designer and/or adjusted by an operator.” – see at least Frisbie: paragraph 0055). Doing so would provide the benefit of allowing a button or virtual device to be more readily accessible to the user of the marine vessel in a case where it is more likely to be used than other buttons or virtual devices during a particular mode of operation of the marine vessel.
Regarding claim 15, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
wherein the marine vessel includes an operator to be operated by a vessel user to maneuver the marine vessel ("The docking/undocking mode permits an operator to view representations of obstacles such as stationary boats, docks, and other hazards while simultaneously monitoring wind conditions, current conditions, and the status of components on the vessel while docking or undocking the vessel." – see at least Frisbie: paragraph 0046).
Regarding claim 16, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
wherein the operator includes one of a steering, a remote controller, or a joystick ("The marine vessel display system 100 may also include a remote input device 130 for controlling and providing inputs to the processing system 110. An embodiment of the remote input device 130 is shown in FIG. 7. As shown, the remote input device 130 includes an analog joystick, thumb wheel, a mouse, or similar device for providing cursor movement and control and hard keys with pre-assigned functions such as Menu, Home, Select, and Back." – see at least Frisbie: paragraph 0075).
Regarding claim 17, this claim is substantially similar to claim 1 and is, therefore, rejected in the same manner as claim 1 as has been set forth above.
Regarding claim 20, this claim is substantially similar to claim 1 and is, therefore, rejected in the same manner as claim 1 as has been set forth above.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Frisbie in view of Wheeler, further in view of Kinoshita et al. (US 2013/0110329), hereinafter referred to as Kinoshita. Kinoshita is considered analogous to the claimed invention because they are in the same field of controlling a display system of a marine vessel.
The applied reference by Kinoshita has a common Applicant with the instant application. This reference is considered prior art under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention, and the exceptions under 35 U.S.C 102(b)(1) (e.g., the one-year grace period), do not apply due to the publication date of the applied reference, which is greater than one year prior to the effective filing date of the instant application.
Regarding claim 4, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie does not explicitly disclose, but Kinoshita teaches:
further comprising: in a case where the marine vessel includes only one marine propulsion device, not displaying the second maneuvering function display related to a maneuvering function involving lateral movement of the marine vessel ("The side thruster 56 generates a propulsion force to move the watercraft body 2 in a lateral direction...The watercraft 1 can be piloted using the touch panel function of the display device 8. More specifically, as shown in FIG. 10, the display device 8 displays software keys. The software keys include direction keys 91. The direction keys 91 are keys that move the watercraft 1 laterally and longitudinally and include a plurality of keys corresponding to different movement directions of the watercraft 1. The "lateral movement` of the watercraft 1 means translational movement of the watercraft 1 in a leftward or a rightward direction and is used when, for example, when berthing." – see at least Kinoshita: paragraphs 0089 and 0109) (The examiner notes that it is considered an obvious design choice for one of ordinary skill in the art to only include a maneuvering function display related to a maneuvering function involving lateral movement of the marine vessel (e.g., the “lateral movement” direction key as taught by Kinoshita) in a case where the marine vessel includes a propulsion device capable of performing lateral movement (e.g., the side thruster 56 as taught by Kinoshita), as set forth in further detail below).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frisbie with these above aforementioned teachings from Kinoshita such that in a case where the marine vessel includes only one marine propulsion device, not displaying the second maneuvering function display related to a maneuvering function involving lateral movement of the marine vessel. At the time of the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated to incorporate Kinoshita’s method of optionally displaying software keys related to lateral movement of a marine vessel with Frisbie’s marine vessel display system in order to equip the marine vessel with convenient software and hardware elements for performing lateral movement (“With a conventional watercraft, a joystick or other separate operating device needs to be installed in the watercraft 1 in order to execute translational movement of the watercraft 1 or rotation while remaining in place. With the watercraft 1 according to the present preferred embodiment, the watercraft 1 can be moved translationally and rotated in place using the software keys displayed on the display device 8.” – see at least Kinoshita: paragraph 0113). Doing so would provide the benefit of accommodating watercrafts with different specifications by changing the number and design of the software keys accordingly, as opposed to requiring installation of additional physical operating devices (“Consequently, it is not necessary to provide a separate operating device and the manufacturing cost can be reduced. Also, since the number and design of the software keys can be changed by changing the program, watercrafts 1 having different specifications can be accommodated easily using the same hardware. Furthermore, unlike mechanical switches, the software keys do not degrade when exposed to rain and water droplets resulting from splashing during operation of the watercraft. As a result, the reliability of the operated devices is improved.” – see at least Kinoshita: paragraph 0113).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Frisbie in view of Wheeler, further in view of Iwaki et al. (US 2020/0039624), hereinafter referred to as Iwaki. Iwaki is considered analogous to the claimed invention because they are in the same field of controlling a display system of a marine vessel.
The applied reference by Iwaki has a common Applicant with the instant application. This reference is considered prior art under 35 U.S.C. 102(a)(1) based upon a public use or sale or other public availability of the invention, and the exceptions under 35 U.S.C 102(b)(1) (e.g., the one-year grace period), do not apply due to the publication date of the applied reference, which is greater than one year prior to the effective filing date of the instant application.
Regarding claim 13, Frisbie in view of Wheeler teaches all of the elements of the current invention as stated above. Frisbie further teaches:
wherein the marine vessel includes a marine propulsion device ("For example, the marine input sources 116 may include sensors that measure or sense vessel fuel level, wind speed, wind direction, vessel temperature, ambient temperature, water current speed, rudder position, an azimuth thruster position, water depth, boat water storage level, anchor status, boat speed, and the like." – see at least Frisbie: paragraph 0033) (The examiner notes that the thruster as taught by Frisbie corresponds to the claimed marine propulsion device).
Frisbie does not explicitly disclose, but Iwaki teaches:
and the display control method further comprises: displaying the second maneuvering function display at a position closer to a vessel user than the first maneuvering function display until a predetermined period of time elapses after start of the marine propulsion device ("The display 44 receives the input operation to set the lock mode of the engine 3 during stoppage of the engine 3 and during idling executed within a predetermined length of time (e.g., about 0.7 seconds) from the start of the engine 3." – see at least Iwaki: paragraph 0025).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have modified Frisbie with these above aforementioned teachings from Iwaki to include displaying the second maneuvering function display at a position closer to a vessel user than the first maneuvering function display until a predetermined period of time elapses after start of the marine propulsion device. At the time of the effective filing date of the claimed invention, one of ordinary skill in the art would have been motivated to incorporate Iwaki’s method of modifying a display functionality based on an amount of time from the start of an engine with Frisbie’s marine vessel display system in order to modify the features of the display system depending on a current mode of operation (“In the control mode of the engine 3, the operator is able to switch between maximum speeds, between maximum outputs, between acceleration characteristics, and so forth. In the lock mode of the engine 3, the operator is able to set either a locked state or an unlocked state.” – see at least Iwaki: paragraph 0024). Doing so would provide the benefit of ensuring that operator inputs (e.g., an input to lock or unlock an engine) are performed at appropriate times based on the current operating conditions of the marine vessel (“On the other hand, when the engine lock button is touched by the operator, a switching button for the lock mode of the engine 3 is displayed on the first display portion 61. The operator is able to set the lock mode of the engine 3 to either the locked state or the unlocked state by the switching button. Thus, the display 44 has a function as “a key” of the engine 3 as well.” – see at least Iwaki: paragraph 0027).
The examiner notes that while Iwaki does not explicitly teach functionality for displaying a particular button at a position closer to a vessel user based on an operating condition of the marine vessel as required by the claims, this feature is taught by Frisbie as set forth in further detail above in the rejection of claim 7 under 35 U.S.C. 103. Combining the above teachings of Frisbie regarding modifying the size and position of buttons and virtual devices on a display system with the aforementioned teachings of Iwaki provides the benefit of increasing the accessibility of a particular feature of the display system in a case where that particular feature is more likely to be used than other features during a particular operating condition of the marine vessel.
Response to Arguments
Applicant’s arguments filed 06 July 2026 with respect to claims 1, 4-17, and 20 have been considered but are moot in view of the new grounds of rejection based on the teachings of the newly relied upon reference by Wheeler, which has been introduced to address the amended claims.
In particular, the amended claims add limitations which recite that the plurality of maneuvering function displays include touch buttons that are software keys displayed on a touch panel, and the touch panel only displays the touch buttons. As set forth in further detail above and in the Non-Final Rejection filed 06 April 2026, Wheeler is considered to teach relevant aspects of the claimed invention, including the new limitations presented in the amended claims.
Nonetheless, to address the Applicant’s Response and to more explicitly address the amendments to the claims, the examiner has introduced the reference by Wheeler which teaches a system for customizing user interfaces, including designing a user interface with controls represented by any combination of graphical elements, wherein the graphical elements may include buttons and icons which correspond to the claimed touch buttons (see at least Wheeler: paragraph 0037), and wherein the controls of the user interface may be adapted to a variety of applications, including control of water-based vehicles (see at least Wheeler: paragraph 0043).
The Applicant asserts that Frisbie does not teach or suggest selectively displaying, hiding, or changing particular touch buttons (or icons) on a mode selector screen depending on whether the marine vessel is traveling or not, and that Frisbie does not teach or suggest that the multifunction display system should or could only display touch buttons. However, as set forth in further detail above in at least the rejection of claim 1 under 35 U.S.C. 103, Frisbie is considered to provide teachings which are pertinent to the aforementioned amended limitations, in that Frisbie teaches a display system wherein the displayed graphical control elements may be selectively changed based on a determined mode of operation (see at least Frisbie: paragraph 0055), and wherein the displayed graphical control elements may include touch buttons (see at least Frisbie: paragraph 0082).
The examiner recognizes that Frisbie does not explicitly teach an example embodiment in which the display screen only includes touch buttons. However, given the teachings of Frisbie regarding customizing display layouts for each mode of operation, it is considered reasonably within the ability of one of ordinary skill in the art to reach the claimed invention based on the teachings of Frisbie. The reference by Wheeler was further introduced to provide additional teachings and motivations for modifying Frisbie to reach the claimed invention. Namely, Wheeler teaches a system for customizing a user interface control layout to include any combination of desired types, locations, and size of controls based on user preferences and comfort (see at least Wheeler: paragraphs 0060 and 0066), and further illustrating an example embodiment of a user interface control layout which includes only touch buttons (see at least Wheeler: Fig. 7).
The use of touch buttons for providing control inputs is considered conventional activity which is well known by one of ordinary skill in the art (e.g., as taught by both Frisbie and Wheeler). As such, the rationale for supporting a conclusion of obviousness includes at least combining prior art elements according to known methods to yield predictable results (see at least MPEP 2143(I)(A)), based on at least the aforementioned teachings from Frisbie and Wheeler. The pending claims are therefore rejected under 35 U.S.C. 103.
As per the pending provisional rejections on the ground of nonstatutory double patenting with regard to reference application 19/225,252, the pending claims of the instant application are considered patentably distinct from the current most recent version of the claims of the reference application (i.e., the claims filed 06 July 2026 in the reference application), at least because the pending claims of the instant application are directed towards touch buttons which are configured as software keys on a touch panel, whereas the claims of the reference application are directed towards touch buttons which are configured as physically operable hardware keys. As such, the instant application and reference application are directed towards two substantially different systems for controlling a marine vessel (i.e., by controlling display and layout of software keys as opposed to controlling functions of physically operable hardware keys). The pending provisional rejections on the ground of nonstatutory double patenting have therefore been withdrawn.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/D.M./Examiner, Art Unit 3661
/TUAN C TO/Primary Examiner, Art Unit 3661
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