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 are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "212" and "214" have both been used to designate “switches”; reference characters "162", “166”, and "234" have been used to designate “actuators”; reference characters "142", “170”, “174”, “178”, and "184" have been used to designate “main plate portion”; reference characters "224", “242”, and "258" have been used to designate “other systems”; reference characters "140", “168”, “172”, “180”, “182”, “185”, “186”, “188”, “190”, “192”, and “232” have been used to designate “wash diverter”; reference characters "240" and "256" have both been used to designate “timer”; reference characters "130" and "220" have both been used to designate “wedge”. 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “212” has been used to designate both “remote” and “switches”; reference character “224” has been used to designate both “other systems” and “memory systems”; reference character “130” has been used to designate both “wake-modifying device” and “wedge”. 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.
Allowable Subject Matter
Claims 1-12 are allowed. Claims 14-18 would be allowable if not dependent from a rejected independent claim.
The following is an examiner’s statement of reasons for allowance: The primary reasons for the allowance of claims 1-12 are the inclusion of the limitation in the claims, which are not found in the prior art references, specifically the subject matter of the wash diverter creating a low-pressure pocket in the water that pulls wash produced by the sterndrive engine to a more central position. This along with further limitations set forth by the claims render the application allowable over the prior art(s) of record.
The most remarkable prior arts of record are as follows:
Sedlack, II – U.S. Publication No. 2019/0176933 – Teaches a water diverter secured on a transom bracket, but fails to teach the wash diverter creating a low-pressure pocket in the water that pulls wash produced by the sterndrive engine to a more central position.
Gasper et al. – U.S. Publication No. 2014/0261135 – Teaches a watercraft with a water diverter, but fails to teach the wash diverter creating a low-pressure pocket in the water that pulls wash produced by the sterndrive engine to a more central position.
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 13 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gasper et al. (U.S. Publication No. 2014/0261135).
As per claim 13, Gasper teaches a water sports boat with a wash diverter to divert wash away from a port or a starboard surf wave form formed in a wake produced by the water sports boat, the water sports boat comprising:
-a cockpit including controls configured to provide a driver operation of the water sports boat (Gasper: para. 126-128; Watercraft with an input device on a display to receive commands from the operator.);
-a hull comprising a transom (Gasper: para. 39), a keel (Gasper: figure 1), a port chine (Gasper: figure 1), and a starboard chine (Gasper: figure 1);
-an engine configured to propel the hull of the water sports boat through water to create a wake (Gasper: para. 126-128);
-one or more wake shapers configured to be controlled by the driver to form a port or starboard wave form in the wake (Gasper: para. 126-128); and
-a wash diverter rotatably coupled to the transom (Gasper [20140261135]: para. 12; para. 101; Water diverter mounted to the transom.), the wash diverter configured to be movable by an actuator between an upward stowed position and a downward deployed position (Gasper: para. 14; Actuator configured to move water diverter between its neutral and extended positions.), the wash diverter comprising a tab and an elongate portion (Gasper: para. 102), the tab disposed proximate the port chine or the starboard chine (Gasper: figure 1, 33p, 33s), and the elongate portion extending to proximate the keel (Gasper: figure 15D);
-wherein the wash diverter is configured to be moved by the actuator to a deployed position in which the wash diverter moves wash away from the port or starboard wave form in the wake to a more central position (Gasper: para. 37).
Claim 19 recite substantially similar limitations as those already addressed in claim 13, and, as such, are rejected for similar reasons as given above.
As per claim 20 the boat of claim 19 is as described. Gasper teaches wherein the wash diverter is rotatably coupled to the transom proximate a bottom edge of the transom at a position that is lower than then one or more wake shapers (Gasper: para. 101).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Sedlack, II – U.S. Publication No. 2019/0176933 – Teaches a water diverter secured on a transom bracket.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEETAL R. PAULSON whose telephone number is (571)270-1368. The examiner can normally be reached M-F 8am-5pm.
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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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/SHEETAL R PAULSON/Primary Examiner, Art Unit 3615
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