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 .
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.
Claim 13 is 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.
Claim 13 recites the limitation "The deterioration estimator" in line 1. There is insufficient antecedent basis for this limitation in the claim. “A” deterioration estimator has not been previously claimed.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over US2020/0332755 to Miyashita et al (called 755) in view of US2023/0340903 to Watanabe (called 903).
Re claims 1-4, 7-11, 13 and 14, 755 discloses a motor 11, battery 13, cables as seen going from the battery to the alternator and starter as well as in vehicle equipment at least in figure 1. An estimation basic information acquirer seen in number 30. See also paragraphs 5-7 and 20-28. 755 may not specifically disclose that the device is in a watercraft or used with an outboard motor however 903 discloses these at least in figure 1 where the outboard motors are seen at numbers 2 and the watercraft is seen at number 1. It would have been obvious to one of ordinary skill in the art at the time of application to use the control systems for motors as seen in 755 with the watercraft and outboard motors of 903 since control of a motor is seen in the primary reference and the watercraft and outboard motors are seen to use controllers and batteries. This would be done to make the watercraft and outboard motors more reliable as seen in the primary reference.
Re claim 5, 755 as modified may not specifically disclose that a server is used to communicate information about the system, however it is old and well known in the art to use servers to forward communications about vehicles to users. See modern vehicles controlled with apps remotely.
Re claim 6, 755 as modified discloses an indicator light at least in paragraph 52.
Re claim 12, 755 as modified above discloses a plurality of outboard motors. 903 may not specifically disclose that the motors are started individually however it’s old and well known in the art of vehicle engines to start them individually to decrease load on the batteries, such as in boats and in aircraft.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record show watercraft and control systems for motors.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY D COLLINS whose telephone number is (571)272-6886. The examiner can normally be reached M-Th 5am-2pm.
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, TC Director Joseph Thomas can be reached at (571)272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
TIMOTHY D. COLLINS
Supervisory Patent Examiner
Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644
Prosecution Insights