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(s) 10 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.
In regard to claim 10, it is unclear how the angles are determined.
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- Wiegert Figure 1)]Claim(s) 1-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wiegert (US5520133).
In regard to claim 1, Wiegert discloses a water jet propulsion boat (jet powered waterski 20) comprising:
a boat body (elongated hull 22) including a keel (as seen in Figure 1); and
a cavity in a front portion of the keel (as seen in Figure 6) extending in a left-right direction of the boat body.
In regard to claim 2, Wiegert discloses a water jet propulsion boat according to claim 1, wherein at least a portion of the cavity is below a waterline of the water jet propulsion boat when the water jet propulsion boat is travelling (as can be seen in Figure 7).
In regard to claim 3, Wiegert discloses a water jet propulsion boat according to claim 2, wherein a portion of a front side of the cavity is above the waterline when the water jet propulsion boat is travelling (as can be seen in Figure 6a).
In regard to claim 4, Wiegert discloses a water jet propulsion boat according to claim 1, wherein the cavity is adjacent to a lower surface of the boat body (as can be seen in Figure 6).
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[AltContent: textbox (Figure 2- Wiegert Figures 6, 6a, and 7)]In regard to claim 5, Wiegert discloses a water jet propulsion boat (jet powered waterski 20) according to claim 1, wherein the boat body includes:
a boat main body (elongated hull 22); and
a plate (front ski member 24) including a front end portion and a rear end portion each connected (via elongated steering column 140) to a lower portion of the boat main body (as can be seen in Figure 6 emphasized by the dotted line), and
a middle portion between the front end portion and the rear end portion spaced apart from the boat main body in an upper- lower direction of the boat body; wherein the cavity defines a space between the boat main body and the plate (which can be seen in Figure 6).
In regard to claim 6, Wiegert discloses a water jet propulsion boat according to claim 5, wherein, when viewed in the left-right direction, an upper contour line of the plate includes a curved shape or a shape including a portion bent at an angle of more than about 90 degrees and less than about 180 degrees (as can be seen in Figure 10).
In regard to claim 7, Wiegert discloses a water jet propulsion boat according to claim 5, wherein, when viewed in the left-right direction, a lower contour line of the plate includes a curved shape (as can be seen in Figure 4).
In regard to claim 8, Wiegert discloses a water jet propulsion boat according to claim 5, wherein the plate has a cross-section intersecting the front- rear direction such that a central
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[AltContent: textbox (Figure 3- Wiegert Figure 5)]portion of the plate located adjacent a centerline of the boat body in the left-right direction projects downward (as can be seen in Figure 5).
In regard to claim 9, Wiegert discloses a water jet propulsion boat according to claim 8, wherein the plate has a cross-section intersecting the front- rear direction that is triangular or substantially triangular in shape, and includes a corner located adjacent the centerline of the boat body in the left-right direction and that projects downward (as can be seen in Figure 5 and 6).
In regard to claim 10, Wiegert discloses a water jet propulsion boat according to claim 5, wherein, when viewed in the left-right direction, an angle between the rear end portion of the plate and the boat main body is less than an angle between the front end portion of the plate and the boat main body (as can be seen in Figure 6). It should be noted that the determination of the angles as claimed are unclear and can be interpreted but not limited to anywhere between the distal bottom end of elongated steering column 140 and the front ski member 24 with elongated steering column 140 and the elongated hull 22 though limited to the indicated dotted line.
In regard to claim 11, Wiegert discloses a water jet propulsion boat according to claim 5, wherein the plate is removably connected to the boat main body (as can be seen in Figure 5).
In regard to claim 12, Wiegert discloses a water jet propulsion boat according to claim 1, wherein, when viewed in an upper-lower direction of the boat body, a rearward contour line of the cavity includes a center portion adjacent to a left-right centerline of the boat body and that projects forward (as can be seen in Figure 6).
In regard to claim 13, Wiegert discloses a water jet propulsion boat according to claim 12 wherein, when viewed in the upper-lower direction, the rearward contour line of the cavity includes a corner adjacent to the left-right centerline of the boat body and that projects forward (as can be seen in Figure 5).
In regard to claim 14, Wiegert discloses a water jet propulsion boat according to claim 1, wherein the cavity extends in a front-rear direction of the boat body (as can be seen in Figure 6).
In regard to claim 15, Wiegert teaches a water jet propulsion boat according to claim 1, wherein the cavity includes a plurality of cavities in the front portion of the keel that are aligned in a front-rear direction of the boat body (as seen in Figure 6). It should be noted that the cavity is several small adjacent cavities.
In regard to claim 16, Wiegert discloses a boat comprising:
a boat body including a keel; and
a cavity in a front portion of the keel extending in a left-right direction of the boat body.
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at 5712724530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.P.F./Examiner, Art Unit 3615
/MARC BURGESS/Primary Patent Examiner, Art Unit 3615
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