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 § 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 and 5-6 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mardesich (US 5,525,081).
Regarding claim 1, Mardesich discloses a system, comprising:
a mount configured to couple directly or indirectly to a boat [[col. 3:15-30] mounting bracket 16 attached to the shaft sleeve via an attachment bracket 30. The entire trolling motor unit can be attached to a boat via the mounting bracket];
a motor configured to couple to the mount [[col. 3:20-25] mounting bracket allows the trolling motor unit to be lifted out of the water or to be submerged in the water.], wherein the motor is coupled to an output shaft and wherein the motor is configured to rotate the output shaft in a first rotational direction and a second rotational direction [[col. 4:15-25] controller instructs the steering subsystem to actuate the steering motor to turn the shaft in the proper direction and in the right amount];
a pole coupled to the output shaft of the motor, wherein the pole is configured to enable a transducer to be mounted to the pole [[col. 3:50-60] trolling motor unit 18, referring to FIG. Sa, has a nose cone 70 housing five transducers; [prior art claim 38] a hollow tubular sleeve having a first end and a middle portion, the first end of said sleeve being fixed to said head unit, wherein said sleeve fitting over said shaft and said shaft may freely rotate within said sleeve; a mounting means have a first attachable end and a second attachable end, the first attachable end being fixed to the middle portion of said sleeve, the second attachable end for attaching said trolling motor and control system to a boat; a steering motor for rotating said shaft within said sleeve to set the direction of the trolling motor and thereby setting the direction for the boat, said steering motor receiving commands from said speed and direction control means; and communication means electrically]; and
a user input device configured to control the motor, wherein the user input device is configured to cause the motor to rotate the output shaft in the first rotational direction or the second rotational direction [[col. 3:40-55] the foot pedal unit 20 has a foot pedal 60, a speed control dial 62, and an option button 64. By pressing the pedal away from the user, the trolling motor is steered toward port side; and by pressing the pedal toward the user, the trolling motor is steered toward starboard side.; [col. 4:10-35] the user can control the speed and direction of the trolling motor via the foot pedal unit].
Regarding claim 5, Mardesich teaches the system of claim 1, wherein the user input device is a foot-controlled input device [[col. 3:40-55] the foot pedal unit 20 has a foot pedal 60, a speed control dial 62, and an option button 64. By pressing the pedal away from the user, the trolling motor is steered toward port side; and by pressing the pedal toward the user, the trolling motor is steered toward starboard side.].
Regarding claim 6, Mardesich teaches the system of claim 1, wherein the user input device is configured to determine a rotation speed of the pole when the motor rotates the pole in the first rotational direction or the second rotational direction [[col. 4:25-35] user can control the speed and direction of the trolling motor via the foot pedal unit].
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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Mardesich (US 5,525,081) as applied to claim 1 above, and further in view of Rhorer (US 4,130,079 A).
Regarding claim 2, Mardesich does not explicitly teach and yet Rhorer teaches the system of claim 1, wherein the pole is coupled to an indicator that is configured to indicate a rotational position of the pole [[fig. 4] direction indicator #13; [col. 3:5-30] electric trolling motors of the type in which this invention is most useful have a rack and pinion steering mechanism controlled by foot pedal operated control cable. On failure of the control cable for whatever reason, fishing would be ended because there is no other convenient means for steering the trolling motor. However, with the present auxiliary steering control apparatus at hand, it is only necessary, as shown in FIG. 4, to first remove the direction indicating pointer 13 from the top of the electric trolling motor by removing the attaching screw, placing a washer 15 over the second pinion shaft 12, seating the coupling means 2 over the second pinion shaft 12 in socket 9, replacing the direction indicating pointer 13 on seating flange 5 and inserting a long attaching screw 14 to compensate for the height of the coupling means 2.].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to modify the head unit as taught by Mardesich, with the direction indicator as taught by Rhorer so that a human user visually observe where the direction of motion will occur.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Mardesich (US 5,525,081) as applied to claim 1 above, and further in view of Young (US 4,614,900 A).
Regarding claim 3, Mardesich does not explicitly teach and yet Young teaches the system of claim 1, wherein the user input device includes a first normally-open electrical switch, wherein when a user causes the normally-open electrical switch to close, the motor is configured to rotate the pole in the first rotational direction [[figs. 3-4] show left and right switches; [col. 2-3 bridging] left turn and right turn relays 38 and 39 receive signals from the receiver 20 to activate associated left turn and right turn relay switches 40 and 41, the contacts of these two switches being electrically connected through pairs of terminals 42, 43, 44 and 45 with the directional or steering motor 22, as shown in FIG. 5. The same switch terminals are further connected electrically through conductors 46 and 47 with the brushes 35 and 36 and with corresponding electrical terminals of the receiver 20. … the trolling motor 10 of the steering system can be operated remotely in two modes, as by a fisherman in any location of a boat. In one mode of operation, a small hand held radio transmitter 53, FIG. 3, is employed, and in a second mode of operation a foot operated transmitter 54 is employed. The hand held transmitter 53 which contains a 9 volt DC battery includes a power on-off switch 55, another on-off switch 56 for the remotely controlled trolling motor 10 and a left turn and right turn switch 57.; [col. 4:40-55] in either mode of operation, by hand or by foot, remote controlled closing of the trolling motor on-off switch 49 by use of the switch 56 or the foot controlled element 65 causes a 12 volt DC output signal from the receiver 20 to energize relay 48 to close relay switch 49 and deliver power to the trolling motor 10 to turn the propeller 11 in a boat propulsion mode at a slow trolling speed. The trolling motor and propeller will continue to operate in a single directional mode until the relay switch 49 is opened by operation of the switch 56, FIG. 3, or 65, FIG. 4.].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to implement the direction control as taught by Mardesich, with the left and right switches as taught by Young so that a human user can ergonomically specify the direction to rotate using the appropriate left or right switch.
Regarding claim 4, Mardesich teaches the system of claim 3, wherein the user input device includes a second normally-open electrical switch, wherein when a user causes the second normally-open electrical switch to close, the motor is configured to rotate the pole in the second rotational direction [[figs. 3-4] show left and right switches; [col. 2-3 bridging]; [col. 4:40-55]].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to implement the direction control as taught by Mardesich, with the left and right switches as taught by Young so that a human user can ergonomically specify the direction to rotate using the appropriate left or right switch.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Mardesich (US 5,525,081) as applied to claim 1 above, and further in view of Folsom (US 5,112,258 A).
Regarding claim 7, Mardesich does not explicitly teach and yet Folsom teaches the system of claim 1, wherein a length of the pole is adjustable [[col. 3-4 bridging] trolling motor that is used in fishing, and this type of device is operated by a foot control that is arranged rather proximate to the trolling motor, and such a trolling motor incorporates a pair of telescoping shafts, with the upper shaft connecting to the upper motor, and with the bottom shaft being the one that turns the trolling motor itself in response to functioning of a foot control. This current invention likewise can be used in combination with this third type of trolling motor, by attachment of its pivotal frame means to the upper shaft of these telescoping means incorporated within the type of trolling motor described].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to modify the shaft and sleeve as taught by Mardesich, with the telescoping shafts as taught by Young so that the trolling motor can be raised or lowered from the water.
Regarding claim 8, Mardesich teaches the system of claim 7, wherein the pole includes at least two elongated members, wherein a first member of the at least two elongated members is an elongated hollow member and a second member of the at least two elongated members fits inside the first member [[prior art claim 38] shaft … sleeve].
Claims 9 and 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Mardesich (US 5,525,081) and Young (US 4,614,900 A).
Regarding claim 9, Mardesich teaches a system, comprising:
a mount [[col. 3:15-30]];
a motor configured to couple to the mount, wherein the motor is configured to rotate a pole in a first rotational direction, wherein the pole is configured to enable a transducer to be mounted to the pole [[abstract] trolling motor system and method for controlling the trolling motor, including a microcontrollcr, a plurality of transducers, a steering motor, and an outboard motor; [col. 4:15-25]];
a motor controller configured to control an operation of the motor [[fig. 7] power drive and motor controller #110 connected to motor #112]; and
Mardesich does not explicitly teach and yet Young teaches a user input device configured to wirelessly communicate with the motor controller, wherein the user input device is configured to cause the motor controller to cause the motor to rotate the pole in the first rotational direction [[col. 2-3 bridging] trolling motor 10 of the steering system can be operated remotely in two modes, as by a fisherman in any location of a boat. In one mode of operation, a small hand held radio transmitter 53, FIG. 3, is employed, and in a second mode of operation a foot operated transmitter 54 is employed. The hand held transmitter 53 which contains a 9 volt DC battery includes a power on-off switch 55, another on-off switch 56 for the remotely controlled trolling motor 10 and a left turn and right turn switch 57.; [col. 4:40-55] in either mode of operation, by hand or by foot, remote controlled closing of the trolling motor on-off switch 49 by use of the switch 56 or the foot controlled element 65 causes a 12 volt DC output signal from the receiver 20 to energize relay 48 to close relay switch 49 and deliver power to the trolling motor 10 to turn the propeller 11 in a boat propulsion mode at a slow trolling speed. The trolling motor and propeller will continue to operate in a single directional mode until the relay switch 49 is opened by operation of the switch 56, FIG. 3, or 65, FIG. 4.].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to implement the direction control as taught by Mardesich, with the left and right switches as taught by Young so that a human user can ergonomically specify the direction to rotate using the appropriate left or right switch.
Regarding claim 11, Mardesich does not explicitly teach and yet Young teaches the system of claim 9, wherein the user input device includes a first electrical switch, wherein when a user causes the first electrical switch to close, the user input device is configured to cause the motor controller to cause the motor to rotate the pole in the first rotational direction [[figs. 3-4] show left and right switches; [col. 2-3 bridging].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to implement the direction control as taught by Mardesich, with the left and right switches as taught by Young so that a human user can ergonomically specify the direction to rotate using the appropriate left or right switch.
Regarding claim 12, Mardesich does not explicitly teach and yet Young teaches the system of claim 11, wherein the motor is configured to rotate the pole in a second rotational direction [[figs. 3-4] show left and right switches; [col. 2-3 bridging].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to implement the direction control as taught by Mardesich, with the left and right switches as taught by Young so that a human user can ergonomically specify the direction to rotate using the appropriate left or right switch.
Regarding claim 13, Mardesich does not explicitly teach and yet Young teaches the system of claim 12, further wherein the user input device includes a second electrical switch, wherein when a user causes the second electrical switch to close, the user input device is configured to cause the motor controller to cause the motor to rotate the pole in the second rotational direction [[figs. 3-4] show left and right switches; [col. 2-3 bridging].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to implement the direction control as taught by Mardesich, with the left and right switches as taught by Young so that a human user can ergonomically specify the direction to rotate using the appropriate left or right switch.
Regarding claim 14, Mardesich teaches the system of claim 13, wherein the first user input device is a foot-controlled input device [[col. 3:40-55] the foot pedal unit 20 has a foot pedal 60, a speed control dial 62, and an option button 64. By pressing the pedal away from the user, the trolling motor is steered toward port side; and by pressing the pedal toward the user, the trolling motor is steered toward starboard side.].
Regarding claim 15, Mardesich teaches the system of claim 9, wherein the user input device is configured to determine a rotation speed of the motor [[col. 4:10-35] the user can control the speed and direction of the trolling motor via the foot pedal unit].
Regarding claim 16, Mardesich teaches a system, comprising:
a mount configured to couple directly or indirectly to a boat [[col. 3:15-30]];
a motor configured to couple to the mount, wherein the motor is coupled to an output shaft and configured to rotate the output shaft in a first rotational direction and a second rotational direction [[abstract]; [fig. 7] power drive and motor controller #110 connected to motor #112; [col. 4:15-25]];
a pole coupled to the output shaft of the motor, wherein the pole is configured to enable a transducer to be mounted to the pole [[col. 3:50-60]; [prior art claim 38]]; and
Mardesich does not explicitly teach and yet Young teaches a foot controller configured to wirelessly control the motor, wherein the foot controller is configured to cause the motor to rotate the output shaft in the first rotational direction or the second rotational direction [[col. 1:15-20] controlling the operation of the electric trolling motor by means of a hand held or foot operated radio transmitter; [col. 2-3 bridging]].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to implement the direction control as taught by Mardesich, with the left and right switches as taught by Young so that a human user can ergonomically specify the direction to rotate using the appropriate left or right switch.
Regarding claim 17, Mardesich does not explicitly teach and yet Young teaches the system of claim 16, wherein the foot controller includes a first electrical switch, wherein when a user causes the first electrical switch to close, the foot controller is configured to cause the motor to rotate the pole in the first rotational direction [[figs. 3-4] show left and right switches; [col. 2-3 bridging].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to implement the direction control as taught by Mardesich, with the left and right switches as taught by Young so that a human user can ergonomically specify the direction to rotate using the appropriate left or right switch.
Regarding claim 18, Mardesich does not explicitly teach and yet Young teaches the system of claim 17, wherein the foot controller includes a second electrical switch, wherein when a user causes the second electrical switch to close, the foot controller is configured to cause the motor to rotate the pole in the second rotational direction [[figs. 3-4] show left and right switches; [col. 2-3 bridging].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to implement the direction control as taught by Mardesich, with the left and right switches as taught by Young so that a human user can ergonomically specify the direction to rotate using the appropriate left or right switch.
Regarding claim 19, Mardesich teaches the system of claim 18, wherein the foot controller includes a user input device configured to determine a rotation speed of the motor [[abstract] microcontrollcr processes the signals according to the user-selected mode, determines the steering degree and the motor speed, transmits these values to the Steering Motor Ami Position controller and the Power Drive And Motor controller.; [fig. 1] foot pedal controller].
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mardesich (US 5,525,081) and Young (US 4,614,900 A) as applied to claim 9 above, and further in view of Rhorer (US 4,130,079 A).
Regarding claim 10, Mardesich does not explicitly teach and yet Rhorer teaches the system of claim 9, further comprising an indicator coupled to the pole, wherein the indicator is configured to indicate a rotational position of the pole [[fig. 4] direction indicator #13; [col. 3:5-30].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to modify the head unit as taught by Mardesich, with the direction indicator as taught by Rhorer so that a human user visually observe where the direction of motion will occur.
Regarding claim 20, Mardesich does not explicitly teach and yet Rhorer teaches the system of claim 16, further comprising an indicator coupled to the pole, wherein the indicator is configured to indicate a rotational position of the pole [[fig. 4] direction indicator #13; [col. 3:5-30].
It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the invention with a reasonable expectation of success to modify the head unit as taught by Mardesich, with the direction indicator as taught by Rhorer so that a human user visually observe where the direction of motion will occur.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN D ARMSTRONG whose telephone number is (571)270-7339. The examiner can normally be reached M - F 9am-5pm.
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/JONATHAN D ARMSTRONG/ Examiner, Art Unit 3645
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