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 .
Claims 1-20 are pending in the current application.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “264” has been used to designate both retaining pins and biasing members (see objection to specification below). It is unclear if the biasing members are shown in the drawings.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: Paragraphs [0085], [0086] and [0093] recite “retaining pins 264” and “biasing members 264” respectively. The figures appear to show retaining pins using reference numeral 264. It is unclear if the biasing members are shown in the drawings and if so, what reference numeral is correct for the biasing members.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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.
Claims 1 and 4-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by the NPL submitted by applicant ([Shockwave s5 Sentinel's suspension base spec sheet, retrieved from the internet on November 20, 2023 at https://cdn.shopify.com/s/files/1/0760/5442/9980/files/SW 07823_ProductSpecs_Rec_REV03.pdf?v=1684882900 2 ]), herein after Shockwave.
Shockwave discloses a seat assembly for a personal watercraft (considered to fall within the scope of the disclosure), the seat assembly comprising: a base configured for selectively connecting to a deck of the personal watercraft; a damper connected to the base; a straddle seat (disclosed on Shockwaves website) operatively connected to the damper, the damper permitting movement of the straddle seat relative to the base; and a locking assembly (locking assembly is the apertures in the base and associated mounting screws) operatively connected to the base, the locking assembly being movable between a locked configuration and an unlocked configuration, with the base being connected to the deck and the locking assembly being in the locked configuration, the base being locked to the deck; and with the base being connected to the deck and the locking assembly being in the unlocked configuration, the base being removable from the deck. Shockwave further discloses guiding members making up a four-bar linkage.
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.
Claims 3, 8, 9, 10, 11, 13, 14, 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Shockwave in view of Ross et al., US7748334. Shockwave discloses the invention set forth above but does not explicitly disclose the features of the noted claims. Ross discloses a personal watercraft showing intricacies of parts aligned with grooves, deck openings partially covered by pedestal base
Regarding claim 3: considered to be a minor construction detail easily configured by an artisan to ensure positive placement/alignment of the base on the deck.
Regarding claims 8 and 9: combination damper inside coil spring and adjustable damper are common arrangements of shock absorbing apparatus.
Regarding claims 10 and 11: Compressible seat portion and cover are common materials. Toolessly connected is simply turning screws hand tight.
Regarding claim 13: Ross discloses a motor compartment (engine #12) below pedestal #62.
Regarding claim 14: Ross discloses opening #68 through which suspension element 70 extends. Attaching the seat damping assembly of shockwave over the opening would simplify the straddle seat attachment/suspension system of Ross.
Regarding claims 17-20: the combination of Shockwave and Ross discloses all claimed features and method. Ross contemplates fixedly attaching the HSD assembly. The system of two personal watercraft is a mere combination of a fixedly or rigidly connecting the seat assembly as disclosed by Ross or using a damper as disclosed by Shockwave.
It would have been obvious to an artisan to adapt the seat assembly for a personal watercraft disclosed by Shockwave onto the PWC disclosed by Ross as noted in the claims indicated above by making minor construction/fitment details and creating a system of two PWCs one having a dampened seat assembly the other having a rigid seat assembly connection to the base.
Allowable Subject Matter
Claims 2, 15-16 are objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY D WIEST whose telephone number is (571)270-5974. The examiner can normally be reached M-F 6:00 - 3:00.
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/ANTHONY D WIEST/Primary Examiner, Art Unit 3615
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