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 .
The present application is a continuation of Application No. 18/216,961, which is now U.S. Patent No. 12,151,787, which is a continuation of Application No. 17/828,420, which is now U.S. Patent No. 11,745,839, which is a continuation of Application No. 16/979,260, which is now U.S. Patent No. 11,352,109.
A preliminary amendment was filed by the applicant on December 20, 2024.
Drawings
The drawings were received on November 25, 2024. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 25, 2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities: On line 8 of the claim, the word “hyrdofoil” should be corrected to “hydrofoil”. Appropriate correction is required.
Claim 5 is objected to because of the following informalities: On line 2 of the claim, the word “hyrdofoils” should be corrected to “hydrofoils”. Appropriate correction is required.
Claim 17 is objected to because of the following informalities: On line 8 of the claim, the word “hyrdofoil” should be corrected to “hydrofoil”. Appropriate correction is required.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 12,151,787. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-18 are generic to all that is recited in claims 1-18 of US 12,151,787. In other words, claims 1-18 of US 12,151,787 fully encompass the subject matter of claims 1-18 and therefore anticipate claims 1-18. Since claims 1-18 are anticipated by claims 1-18 of US 12,151,787, claims 1-18 are not patentably distinct from claims 1-18 of US 12,151,787, regardless of any additional subject matter present in claims 1-18 of US 12,151,787.
14. Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-17 of U.S. Patent No. 11,745,839. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-18 are generic to all that is recited in claims 1-17 of US 11,745,839. In other words, claims 1-17 of US 11,745,839 fully encompass the subject matter of claims 1-18 and therefore anticipate claims 1-18. Since claims 1-18 are anticipated by claims 1-17 of US 11,745,839, claims 1-18 are not patentably distinct from claims 1-17 of US 11,745,839, regardless of any additional subject matter present in claims 1-17 of US 11,745,839.
15. Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 11,352,109. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-18 are generic to all that is recited in claims 1-18 of US 11,352,109. In other words, claims 1-18 of US 11,352,109 fully encompass the subject matter of claims 1-18 and therefore anticipate claims 1-18. Since claims 1-18 are anticipated by claims 1-18 of US 11,352,109, claims 1-18 are not patentably distinct from claims 1-18 of US 11,352,109, regardless of any additional subject matter present in claims 1-18 of US 11,352,109.
Claim Rejections - 35 USC § 112
16. 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.
17. Claims 3-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
18. Claim 3 recites the limitation "said at least one thruster" in line 2. There is insufficient antecedent basis for this limitation in the claim.
19. Claims 4-6 depend from dependent claim 3, and are thus also rendered indefinite.
20. Claim 7 recites the limitation "said thruster" in line 2. There is insufficient antecedent basis for this limitation in the claim.
21. Claim 8 recites the limitation "said thruster" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Conclusion
22. Any inquiry concerning this communication or earlier communications from the examiner should be directed to LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MARC JIMENEZ can be reached at 571-272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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August 28, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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