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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
The term “degree” in claim 11 is a relative term which renders the claim indefinite. The term “degree” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The term
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
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[AltContent: textbox (Figure 1- Morota et al. Figure 2)]Claim(s) 1, 3-5, 10, 12-14, and 16-18 is/are rejected under 35 U.S.C. 102(b)(2) as being anticipated by Morota et al. (US20130012081).
In regard to claim 1, Morota et al discloses a marine vessel (water jet propulsion watercraft 1) comprising:
a hull 2;
an engine 3 in the hull 2 and including an exhaust manifold 61, a cylinder head 35, and a cylinder block (shown in Figure 3); a cooling flow passage to allow cooling water to flow therethrough to cool the engine 3 (as seen through Figure 15); and
a thermostat 92 in a vicinity of or adjacent to a cooling water outlet of the cylinder block to adjust a flow rate of the cooling water discharged from the cylinder block based on a temperature of the cooling water (as seen in Figure 15);
wherein the cooling flow passage is operable to allow the cooling water that has flowed through the exhaust manifold 61 to flow into the cylinder block via the cylinder head 35 and to allow the cooling water to flow into the cylinder block from a lower side of the cylinder block via a lower end flow passage port in a vicinity of or adjacent to a lower end of a flow passage portion in the cylinder block (as seen in Figure 15).
In regard to claim 3, Morota et al. discloses a marine vessel according to claim 1, wherein the cooling flow passage is operable to allow the cooling water that has flowed through the cylinder head 35 to be discharged to an outside of the cylinder head 35 via an upper end flow passage port in a vicinity of or adjacent to an upper end of a flow passage portion in the cylinder head 35.
In regard to claim 4, Morota et al. discloses a marine vessel according to claim 3, further comprising:
a rectifier/regulator to control the engine (as described in "[t]he electric power storage control device 39 is a single device integrating a rectifier and a regulator." [0044]); and
wherein the cooling flow passage is operable to allow the cooling water discharged to the outside of the cylinder head 35 via the upper flow passage port to be discharged to an outside of the hull via the rectifier/regulator (as seen in Figure 15 and described in “[a]lso, a portion of the cooling water in the water jacket section 68a of the first exhaust pipe 41 flows to the electric power storage control device 39. From the electric power storage control device 39, the cooling water passes through a water flow channel 32a of the crankcase 32 and into the water channels 35e of the cylinder head 35. From the water flow channels 35e of the cylinder head 35, the cooling water passes through a thermostat 92 and flows to a water discharge opening (not shown). “[0077]).
In regard to claim 5, Morota et al. discloses a marine vessel according to claim 3, wherein the cooling flow passage is operable to allow a portion of the cooling water that has flowed through the cylinder head 35 to flow into the cylinder block, and allow a remaining portion of the cooling water that has flowed through the cylinder head 35 to be discharged to the outside of the cylinder head 35 via the upper end flow passage port (as seen in Figure 15).
In regard to claim 10, Morota et al. discloses a marine vessel according to claim 2, wherein the cooling flow passage is operable to allow a portion of the cooling water that has flowed in from outside the hull to flow into the exhaust manifold 61, and allow a remaining portion of the cooling water that has flowed in from outside the hull to flow into the oil cooler 37 (as seen in Figure 15).
In regard to claim 12, Morota et al. discloses a marine vessel according to claim 1, wherein the cooling flow passage is operable to allow all of the cooling water that has flowed through the exhaust manifold 61 to flow into the cylinder head 35 (as seen in Figure 15).
In regard to claim 13, Morota et al. discloses a marine vessel according to claim 1, further comprising: a jet propulsion thruster (as described in "[t]he jet propulsion unit 5 includes the impeller shaft 50, an impeller 51, an impeller housing 52, a nozzle 53, a deflector 54, and a bucket 55." [0042]) to generate a thrust using a driving force of the engine (as described in "The impeller 51 jets the drawn water rearward from the nozzle 53." [0043]).
In regard to claim 14, Morota et al. discloses a marine engine cooling system comprising:
a cooling flow passage to allow cooling water to flow therethrough to cool an engine 3 in a hull 2 including an exhaust manifold 61, a cylinder head 35, and a cylinder block (as shown in Figure 3), and to allow the cooling water that has flowed through the exhaust manifold 61 to flow into the cylinder block via the cylinder head 35; and
a thermostat 92 in a vicinity of or adjacent to a cooling water outlet (cool water passage 79a) of the cylinder block to adjust a flow rate of the cooling water discharged from the cylinder block based on a temperature of the cooling water (as seen in Figure 15);
wherein the cooling flow passage cooling water passage 79a) is operable to allow the cooling water to flow into the cylinder block from a lower side of the cylinder block via a lower end flow passage port in a vicinity of or adjacent to a lower end of a flow passage portion in the cylinder block.
In regard to claim 16, Morota et al. discloses a marine engine cooling system according to claim 14, wherein the cooling flow passage is operable to allow the cooling water that has flowed through the cylinder head 35 to be discharged to an outside of the cylinder head 35 via an upper end flow passage port in a vicinity of or adjacent to an upper end of a flow passage portion in the cylinder head 35 (as seen in Figure 15).
In regard to claim 17, Morota et al. discloses a marine engine cooling system according to claim 16, wherein the hull includes a rectifier/regulator (as described in "The electric power storage control device 39 is a single device integrating a rectifier and a regulator." [0044]) used to control the engine 3, and the cooling flow passage is operable to allow the cooling water discharged to the outside of the cylinder head 35 via the upper flow passage port .” to be discharged to an outside of the hull 3 via the rectifier/regulator (as seen in Figure 15 and described in "[a]lso, a portion of the cooling water in the water jacket section 68a of the first exhaust pipe 41 flows to the electric power storage control device 39. From the electric power storage control device 39, the cooling water passes through a water flow channel 32a of the crankcase 32 and into the water channels 35e of the cylinder head 35. From the water flow channels 35e of the cylinder head 35, the cooling water passes through a thermostat 92 and flows to a water discharge opening (not shown)." [0077]).
In regard to claim 18, Morota et al. discloses a marine engine cooling system according to claim 16, wherein the cooling flow passage is operable to allow a portion of the cooling water that has flowed through the cylinder head 35 to flow into the cylinder block, and allow a remaining portion of the cooling water that has flowed through the cylinder head 35 to be discharged to the outside of the cylinder head 35 via the upper end flow passage port (as seen in Figure 15).
Claim Rejections - 35 USC § 103
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.
Claim(s) 6-9, 11, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morota et al. (US20130012081).
In regard to claim 6, Morota et al. teaches a marine vessel according to claim 1. Morota et al. does not teach wherein the cooling flow passage includes a flow passage connecting the cylinder head to the cylinder block that has a cross-sectional area smaller than a cross-sectional area of a flow passage connecting the exhaust manifold to the cylinder head.
It would have been an obvious matter of design choice to modify the sizes of any part of the cooling water passage of Morota et al. in order to control the means of water flow and/or satisfy an aesthetic design, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regard to claim 7, Morota et al. teaches a marine vessel according to claim 3. Morota et al. does not teach wherein the cooling flow passage includes a flow passage connected to the cylinder head via the upper end flow passage port that has a cross-sectional area smaller than a cross-sectional area of a flow passage connecting the exhaust manifold to the cylinder head.
It would have been an obvious matter of design choice to modify the sizes of any part of the cooling water passage of Morota et al. in order to control the means of water flow and/or satisfy an aesthetic design, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regard to claim 8, Morota et al. teaches a marine vessel according to claim 3, wherein the cooling flow passage includes a flow passage connected to the cylinder head via the upper end flow passage port that has a cross-sectional area smaller than a cross-sectional area of a flow passage connecting the cylinder head to the cylinder block.
It would have been an obvious matter of design choice to modify the sizes of any part of the cooling water passage of Morota et al. in order to control the means of water flow and/or satisfy an aesthetic design, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regard to claim 9, Morota et al. teaches a marine vessel according to claim 1, wherein the cooling flow passage includes a flow passage connected to the cylinder block via the lower end flow passage port that has a cross-sectional area smaller than a cross-sectional area of a flow passage connecting the cylinder head to the cylinder block.
It would have been an obvious matter of design choice to modify the sizes of any part of the cooling water passage of Morota et al. in order to control the means of water flow and/or satisfy an aesthetic design, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regard to claim 11, Morota et al. teaches a marine vessel according to claim 1. Morota et al. does not teach wherein the thermostat is operable to adjust the flow rate of the cooling water discharged from the cylinder block such that the temperature of the cooling water becomes a predetermined temperature of about 50 degrees or more and about 70 degrees or less.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the ideal range of the thermostat of Morota et al. in order to limit the flow rate between the desired temperatures, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In regard to claim 19, Morota et al. teaches a marine engine cooling system according to claim 14, wherein the cooling flow passage includes a flow passage connecting the cylinder head to the cylinder block that has a cross-sectional area smaller than a cross-sectional area of a flow passage connecting the exhaust manifold to the cylinder head.
It would have been an obvious matter of design choice to modify the sizes of any part of the cooling water passage of Morota et al. in order to control the means of water flow and/or satisfy an aesthetic design, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
In regard to claim 20, Morota et al. teaches a marine engine cooling system according to claim 16, wherein the cooling flow passage includes a flow passage connected to the cylinder head via the upper end flow passage port that has a cross-sectional area smaller than a cross-sectional area of a flow passage connecting the exhaust manifold to the cylinder head.
It would have been an obvious matter of design choice to modify the sizes of any part of the cooling water passage of Morota et al. in order to control the means of water flow and/or satisfy an aesthetic design, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
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[AltContent: textbox (Figure 2- Takahashi Figure 6)]Claim(s) 2 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morota et al. (US20130012081) in view of Takahashi (US20060000430).
In regard to claim 2, Morota et al. discloses a marine vessel according to claim 1, wherein the engine 3 includes an oil cooler 37. Morota et al. does not teach the cooling flow passage is operable to allow the cooling water that has flowed through the oil cooler to flow into the cylinder block from the lower side via the lower end flow passage port.
Takahashi teaches the cooling flow passage (cooling water pipe 68a and cooling pipe 69b and 69c) is operable to allow the cooling water that has flowed through the oil cooler 55 to flow into the cylinder block 33 from the lower side via the lower end flow passage port (as seen in Figure 6).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the cooling water flow to pass through the oil cooler and cylinder block of Takahashi in order to efficiently cool various parts of an engine.
In regard to claim 15, Morota et al. teaches a marine engine cooling system according to claim 14, wherein the engine 3 includes an oil cooler 37. Morota et al. does not teach the cooling flow passage is operable to allow the cooling water that has flowed through the oil cooler to flow from the cylinder block into the lower side via the lower end flow passage port.
Takahashi teaches the cooling flow passage (cooling water pipe 68a and cooling pipe 69b and 69c) is operable to allow the cooling water that has flowed through the oil cooler 55 to flow into the cylinder block 33 from the lower side via the lower end flow passage port (as seen in Figure 6).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the cooling water flow to pass through the oil cooler and cylinder block of Takahashi in order to efficiently cool various parts of an engine.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL KENNETH P FIGUEROA whose telephone number is (571)270-0397. The examiner can normally be reached 0800-1700.
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/M.P.F./Examiner, Art Unit 3615
/MARC BURGESS/Primary Patent Examiner, Art Unit 3615
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