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 .
Drawings
The drawings were received on January 9, 2025. These drawings are acceptable.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on January 9, 2025 and June 24, 2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1-4 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.
On lines 1-2 of claim 1, the phrase “(where n is a natural number of 2 or more)” is disclosed in parentheses, which renders the claim language indefinite. The use of parentheses in the claims is reserved for reference characters only.
On line 8 of claim 1, the phrase “(where m is a natural number smaller than n)” is disclosed in parentheses, which renders the claim language indefinite.
The term “relatively great depth” in claim 1 is a relative term which renders the claim indefinite. The term “relatively great” 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.
Claims 2-4 depend from independent claim 1, and are thus also rendered indefinite.
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)(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.
Claims 1-2 and 4 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wenstob et al. (US 4,919,067).
Wenstob et al. discloses the same righting device for a floating vessel as claimed, as shown in Figures 1-8, which is comprised of a self-righting boat with first and second pontoons, defined as Parts #1 and 2, a liquid injection unit, defined as Parts #6 and 8, as shown in Figures 3-5, that is configured to inject water into one of said pontoons in order to selectively cause said pontoon to serve as ballast, a liquid displacement unit, defined as Parts A, #8 and 10, as shown in Figures 6-8, that is configured to selectively displace said injected water from said pontoon with a gas in order to selectively cause said pontoon to float, and a control unit, defined as Part #9, that controls said liquid injection unit in case of a capsizing, as shown in Figures 3-5, and said liquid displacement unit when said floating vessel is righted from said capsizing, as shown in Figures 6-8. Said control unit is further comprised of a solenoid, a mercury switch, a computer, or other similar means which are responsive to the angular orientation of said floating vessel, and which generate a control signal in order to activate or deactivate a motor, defined as Part #30, of a compressor, defined as Part #8, as described in lines 40-54 of column 4, when a capsizing is detected, or when a righting is detected.
Allowable Subject Matter
Claim 3 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 LARS A OLSON whose telephone number is (571) 272-6685. The examiner can normally be reached Monday to Friday 8:00am - 4:00pm.
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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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September 21, 2026
/LARS A OLSON/Primary Examiner, Art Unit 3615B
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