SADDLE-RIDE TYPE VEHICLE

DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after May 19, 2022, is being examined under the first inventor to file provisions of the AIA . Response to Amendment Applicant’s amendment filed 06/01/26 (hereinafter Response) including claim amendments have been entered. Examiner notes that claims 1 and 8-9 have been amended and claims 6-7 are cancelled, while all other claims are maintained as previously presented in this application. In light of amendments and upon further consideration, a new ground(s) of rejection is made under 35 USC § 103, details below and claims 1-5 and 8-9 remain pending in the application. Response to Arguments Applicant's arguments see (‘Remarks’ filed 08/06/2026, pages 7-10) and in view of argument, the applicant contends that the rejection made for claims 1-5 and 8-9 [ note that hereinafter, claims 6 and 7 are cancelled] under 35 USC § 103 are deficient and that the claimed features are not taught or aligned or suggested, or applied in a manner that attempted to make up for addressing the deficiency of claim 1 have been fully considered, but were not found persuasive for this reason: The subject matter of claim 1 is rendered obvious by the combination of Koishikawa in view of Ishida, Hideki and further in view of Takamori because Koishikawa in view of Ishida fully discloses the underlying saddle-ride type vehicle structural architect – including a rear frame extended from portion of a vehicle body frame as disclosed in para. 0037 of Koishikawa, fastening frame fastener (bolt 41) to a corresponding frame fixation portion in the vehicle width direction, a corresponding rear suspension connected to the suspension connecting portion via 62b, cross pipe 27 tubular member and an outer end portion so that it can be prevented from coming out via bolt fastening means. Koishikawa further teaches the pair of right and left frame portion that includes outer side wall, rear suspension and an inner side wall 60b as depicted in fig. 5 of Koishikaw. Under MPEP §2141.01(a), the modified Koishikawa in view of Ishida reasonably pertinent to the problem addressed by the applicant because the claimed invention requires member fixing hole passing through the pair of right and left frame portions (via portion of pivot plate 13 if Ishida) and the modified Koishikawa in view of Hideki provides a well-known fastening means for the requirement of inner threaded hole portion and suspension connecting portion via 94d of Hideki where each of the pair of right and left frame portions (68 at both right and left portions of the vehicle) is formed to be hollow (hollow portion 68a; see [para. 0040] of Hideki). Hideki further teaches that for each of the pair of right and left tubular members (68) an outer diameter of the outer fitting portion (69a) is larger (expressly shown in fig. 8) than an outer diameter of the inner fitting portion (206f; [fig. 8 of Hideki depicts the diameter of 69a is larger than diameter of 206f]) and the suspension connecting portion (206d, fig. 7 of Hideki) extends outward in the vehicle width direction . A person of ordinary skilled in the art would have been motivated to combine the threaded hole portion of Hideki to achieve a predictable improvements in suspension fastening means at the rear end of the saddle type vehicle structure, consistent with KSR v. Teleflex, 550 U.S. 398 (2007), which hold that combining familiar elements according to known methods is obvious when the combination yields no more than predictable results. The references (such as Ishida, Hideki etc.,) do not need to be from the same field of endeavor, as established in In re Keller, 642 F.2d 413 (CCPA 1981). Applying Ishida, Hideki’s known elements etc., that includes an outer diameter of the suspension connecting portion (214 of Hideki) being smaller than the outer diameter of the inner fitting portion would have been a routing design variation for a person of ordinary skill with a reasonable expectation of success, consistent with MPEP §2143.02. Because Koishikawa in view of Ishida and Hideki, already teaches the structural features recited in independent and dependent claims including an outer diameter of the suspension connecting portion is smaller than the outer diameter of the inner fitting portion as required by claim 1. Furthermore, Takamori provides solid evidence that a pair of rear suspensions which can be disposed of at a rear portion of the vehicle body frame, again makes the limitation obvious, consistent with MPEP §2143.02 For these reasons, the limitations of claims 1-5 and 8-9 do not distinguish from the current art of record e.g., over Koishikawa in view of Ishida or Hideki or Takamori. Accordingly, claims 1-5 and 8-9 are rendered obvious and pending in the application. See claim rejection under 35 U.S.C §103 below. 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. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4.Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claims 1-5 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Koishikawa et al. (US 20170282987 A1; hereinafter, “Koishikawa”), in view of Ishida et al. (US20140361512 A1; hereinafter, “Ishida”), in view of Ikeda, Hideki (WO/2015/079567-A1; hereinafter, “Hideki”) and further in view of Shirasuna Takamori (WO2019186947 A1; hereinafter, “Takamori”). Regarding claim 1, Koishikawa discloses: a saddle-ride type vehicle (1, figs. 1-9) comprising: a rear frame (rear fender frame 60) fastened to a pair of right and left frame portions (right and left frame rear frame 16, fig. 2) that extend from (fig. 2 shows extension) a rear portion of a vehicle body frame [ para. 0037, line 11-18 discloses that the rear fender frame 60 connected to the rear frame 16 and configured to support a rear fender 50 that covers the rear wheel, thus frame is at rear portion of the vehicle body and shown in fig. 2 extending both from right and left portions]; and the rear frame (60) is fastened by a frame fastener (bolt 41, [0055]) to a corresponding frame fixation portion (A, annotated fig. 5 below) from an inside in the vehicle width direction [para. 0046, line 10-15 disclose that the inner end portion 60b of the left and right-side frame sections 60L and 60R are disposed inside in the vehicle width direction] the corresponding rear suspension (9, fig. 1) is connected to the suspension connecting portion (62b, fig. 1) provided at an outer end portion (outer end portion in fig. 1) of the tubular member (cross pipe 27, [0045]) from an outside in the vehicle width direction (fig. 1) and is prevented from coming out (para. 0035 teaches that lower end portions of rear cushions 9 serving as a suspension component of the rear wheel Wr side are connected to the swing arm 8 in the vicinity of a rear wheel support section; thus, prevented from coming out) in the vehicle width direction (width direction in fig. 1) by fastening of a suspension fixing member (via 62c) to the outer threaded hole portion [shown in fig. 1 and para. 0003 teaches that a structure in which one end side in a forward/rearward direction is locked to a portion of a vehicle body by a hook or the like and the other end side in the forward/rearward direction is coupled to a different portion of the vehicle body through bolt fastening; thus, suspension fixing member has outer threaded hole portion.]. Koishikawa further teaches that each of the pair of right and left frame portions (16 at both right and left portions of the vehicle) includes an outer side wall (outer surface of 17, fig. 3) that faces the corresponding (fig. 1) rear suspension (9) and an inner side wall (wall at 60b, fig. 5) that is away inward in the vehicle width direction ( fig. 1) from the outer side wall (outer surface of 17, fig. 3 of Koishikawa). Koishikawa doesn’t appear to explicitly teach that the vehicle body frame includes: a tubular-member fixing hole passing through the pair of right and left frame portions in a vehicle width direction and a pair of right and left tubular members inserted through and welded to the tubular-member fixing hole in the vehicle width direction and fixed to the pair of right and left frame portions, the pair of right and left tubular members are separate parts from each other, each of the pair of right and left tubular members; and each of the pair of right and left tubular members includes an outer fitting portion that fits into the outer fixing hole and an inner fitting portion that fits into the inner fixing hole at a position on an inside of the outer fitting portion in the vehicle width direction; however, Ishida in another saddle-ride type vehicle similar to Koishikawa teaches that a tubular-member fixing hole (bosses at 30L and 30R; [0048], fig. page 1) passing through the pair of right (pivot plate 13R;[0048]) and left (13L) frame portions (portion of pivot plate 13) in a vehicle width direction (left and right pivot plates; thus in a vehicle width direction) and a pair of right (30R) and left (30L) tubular members (4A at 30L, 30R) inserted through (see fig. 5 where 4a is inserted through 13L and 13 R) and welded (“welding”; [0048]) to the tubular-member fixing hole (via bosses of 30L, 30R) in the vehicle width direction (left-right direction) and fixed to the pair of right and left frame portions (frame portions of 13L, 13R), the pair of right and left tubular members (4A at 30L, 30R) are separate parts from each other (figure in page 1 shows 30L and 30R are positioned separately and are two separate parts) [para. 0048 teaches that the swing arm 4 (also see para. 0046 for a pivot shaft 4A; equivalent to tubular members at 30L and 30R) is connected to the pivot plates (left and right frame portions) 13L, 13R. As shown in fig. 5, at front edges of portions in substantially the centers in the vertical direction of the left and right pivot plates 13L, 13R, right and left cylindrical bosses 30L, 30R (left and right tubular members) formed with holes penetrating through the horizontal direction are formed integrally with the pivot plates 13L, 13R by welding.] each of the pair of right and left tubular members (4A at 30L and 30R) includes: a frame fixation portion (portion of pivot plate 13, figure in page 1) provided at an inner end portion (“integrally with the pivot plates”; [0048]; figure in page 1) of the tubular member (30L, 30R) in the vehicle width direction (figure in page 1) with respect to the pair of right and left frame portions (portions of 13L and 13R) and each of the pair of right and left tubular member members (30L, 30R of Ishida, fig. 5) includes an outer fitting portion that fits into the outer fixing hole (fixing hole boss of 30L, 30R of Ishida) and an inner fitting portion (inner fitting portion of plate 13L or 13R, fig. 6 of Ishida) that fits into the tubular-member fixing hole (opening 38; [0053]) at a position on an inside of the outer fitting portion (Outer surface of 13l, including supporting portion 37; [0054]) in the vehicle width direction [see para. 0048 of Ishida and figure 5]. Therefore, it would have been obvious to one of ordinary skill in the art of saddle type vehicles before the effective filing date of the claimed invention to have a tubular-member fixing where hole passing through the pair of right and left frame portions in a vehicle width direction and a pair of right and left tubular members welded to the tubular-member fixing hole in the vehicle width direction and fixed to the pair of right and left frame portions, including each of the pair of right and left tubular members includes an outer fitting portion that fits into the outer fixing hole and an inner fitting portion that fits into the inner fixing hole at a position on an inside of the outer fitting portion as taught by Ishida into the invention of Koishikawa with a reasonable expectation of success in order to advantageously strengthen the support structure. This allows an opening that penetrates through a horizontal direction, is formed in right and left frame portions, such as pivot plates of Ishida, and in a side view, a rear cushion supporting portion is positioned inside of the opening [“Abstract” of Ishida]. It should be understood that the pair of right and left tubular members 14a via 30L, 30R as depicted in annotated fig. in page 1 of Ishida below are positioned two separate parts (left and right) from each other and constitute a single body when welded together with respect to the pair of right and left frame portions (13R, 13L) as described in the claimed invention. Koishikawa as modified above teaches the tubular member in the vehicle width direction and each of the pair of right and left tubular members, but fails to explicitly teach that an inner threaded hole portion and a suspension connecting portion provided at the outer end portions of the tubular members and whereby the corresponding rear frame is attached to the inner end portion and the corresponding rear suspension is attached to the outer portion and each of the pair of right and left frame portions is formed to be hollow and for each of the pair of right and left tubular members an outer diameter of the outer fitting portion is larger than an outer diameter of the inner fitting portion, and the suspension connecting portion extends outward in the vehicle width direction from the outer fitting portion, an outer diameter of the suspension connecting portion is smaller than the outer diameter of the inner fitting portion as required by claim 1; however, Hideki in another ‘vehicle body frame structure for saddle type vehicle’ similar to Koishikawa teaches that an inner threaded hole portion (thread 206d, [0038]) and suspension connecting portion (94b) provided at the outer end portions of the tubular member (fig. 7 of Hideki; [para. 0038, line 15-20 disclose that male threads 206d formed at both ends for attaching the rear suspension and is extended outward; also as depicted in fig. 1, pivot point where suspension is mounted positioned at an outer end portion of the tubular member]) in the vehicle width direction (width direction in fig. 1) with respect to pair of right and left frame portions (94, fig. 3) and that has an outer threaded hole portion [para. 0038 teaches: “male threads 206d formed at both ends”; thus pair of right and left frame portions that has an outer thread hole portion] and whereby the corresponding rear frame (fig. 1) is attached to the inner end portion (via inner end of 94, fig. 2) and the corresponding rear suspension (70) is attached to the outer end portion (outer end portion of 94, fig. 1) and each of the pair of right and left frame portions (68 at both right and left portions of the vehicle) is formed to be hollow (hollow portion 68a; see [para. 0040]). Hideki further teaches that for each of the pair of right and left tubular members (68) an outer diameter of the outer fitting portion (69a) is larger (fig. 8) than an outer diameter of the inner fitting portion (206f; [fig. 8 shows diameter of 69a is larger than diameter of 206f]) and the suspension connecting portion (206d, fig. 7) extends outward in the vehicle width direction from the outer fitting portion (69a, figs. 7-8; [para. 0038, line 15-20 disclose that male threads 206d formed at both ends for attaching the rear suspension and is extended outward (see fig. 1 and 7)]), and an outer diameter of the suspension connecting portion (214) is smaller than the outer diameter of the inner fitting portion (206f, figure 8). Therefore, it would have been obvious to one of ordinary skill in the art of saddle type vehicles before the effective filing date of the claimed invention to have the tubular member in the vehicle width direction and that has an inner threaded hole portion; and a suspension connecting portion provided at an outer end portion of the tubular member whereby the corresponding rear frame is attached to the inner end portion and the corresponding rear suspension (70) is attached to the outer end portion, including each of the pair of right and left frame portions is formed to be hollow and for each of the pair of right and left tubular members an outer diameter of the outer fitting portion is larger than an outer diameter of the inner fitting portion and the suspension connecting portion extends outward in the vehicle width direction from the outer fitting portion, and an outer diameter of the suspension connecting portion is smaller than the outer diameter of the inner fitting portion as taught by Hideki into the invention of the modified Koishikawa with a reasonable expectation of success in order to advantageously strengthen the support structure. This allows for a simple body frame structure, reduces costs associated with bending, and provides an inexpensive body frame. [para. 0020 of Hideki] whereas suspension will stay rigid and cushioning. Koishikawa as modified above doesn’t appear to explicitly teach a pair of a rear suspensions disposed at a rear portion of the vehicle body frame; however, Takamori in another saddle riding-type electric vehicle similar to the modified Koishikawa teaches that a pair of a rear suspensions (“pair of rear suspensions 21 on the left and right side” [0017]) disposed at a rear portion (fig. 1) of the vehicle body frame (main frame 12). Therefore, it would have been obvious to one of ordinary skill in the art of saddle type vehicles before the effective filing date of the claimed invention to provide a pair of rear suspensions disposed at the both ends of the rear frame of the saddle-ride vehicle as taught by Takamori into the invention of the modified Koishikawa with a reasonable expectation of success in order to advantageously strengthen the support structure. Such a modification represents nothing more than the predictable use of prior art elements according to their established function, namely, the use of ‘dual rear shock absorbers’ to distribute load symmetrically and enhance durability. The choice between the single central shock (mono shock) and dual shocks was a well-known design alternative in the saddle vehicle art, and thus implementing a dual suspension arrangement would have been obvious to a person of ordinary skill without requiring inventive ingenuity. PNG media_image1.png 676 709 media_image1.png Greyscale Annotated fig. 5 of Koishikawa PNG media_image2.png 585 598 media_image2.png Greyscale Annotated figure: page 1 of Ishida Regarding claim 2, depending on claim 1, Koishikawa as modified above further teaches that each of the pair of right and left tubular members (30L, 3R of Ishida) frame fixation portion (13L, 13R of Ishida and also frame fixation portion ‘A’ of Koishikawa above) but fails to teach that the frame fixation portion is coaxial with the suspension connecting portion; however, Hideki teaches that the frame fixation portion (94b) and the suspension connecting portion (206d, fig. 7-8) are coaxial. See fig. 7 of Hideki where suspension connecting portion is coaxial with frame fixation portion. Therefore, it would have been obvious to one of ordinary skill in the art of saddle type vehicle before the effective filing date of the claimed invention to have a modified Koishikawa to incorporate the teaching of Hideki and align both frame and suspension connecting portions coaxial with each other with a reasonable expectation of success in order to advantageously strengthen the support structure and to increase the rigidity of the vehicle body. [para. 0004 of Hideki.] Regarding claim 3, depending on claim 1, the Koishikawa as modified above further teaches that the rear frame (60) includes a connection portion (60b, fig. 3) that overlaps [ fig. 3 shows 60b overlaps with 16] with the pair of right and left frame portions (16 configuration portions at both left and ride side of the vehicle) from the inside in the vehicle width direction [para 0020 disclose: “the plurality of vehicle body-side connecting sections may be formed on a same straight line in the vehicle width direction”], and the connection portion (60a) is fastened to the frame fixation portion (A) by the frame fastener (41, [0055]) [ note that: bolt 41 is used to fix the corresponding left and right section of the rear frame 60] inserted into the connection portion (60b, fig. 5) from the inside in the vehicle width direction. Para 0046, line 10-12 disclose that the connection portion 60b of the left and right-side frame sections 60L and 60R are disposed inside in the vehicle width direction. Regarding claim 4, depending on claim 3, Koishikawa as modified above further teaches that the connection portion (60b, fig. 3) is fastened to the pair of right and left frame portions (16 configuration portions at both left and ride side of the vehicle) at a position different from a position of the frame fastener by a fastener inserted into the connection portion (60b) from the inside in the vehicle width direction [para 0020 disclose: “the plurality of vehicle body-side connecting sections may be formed on a same straight line in the vehicle width direction”; also see fig. 3 where the connection portion 60b secures the frame portion. This is different from the position where the frame is fastened by a fastener inserted into the connection portion (60b).] Regarding claim 5, depending on claim 1, Koishikawa as modified above teaches the corresponding rear suspension (9), but fails to teach that it fits to an outer peripheral portion of the suspension connecting portion and is prevented from coming out in the vehicle width direction by the suspension fixing member fastened to the suspension connecting portion from the outside in the vehicle width direction; however, Hideki teaches that an outer peripheral portion of the suspension connecting portion (206d, fig 7-8) and is prevented from coming out in the vehicle width direction by the suspension fixing member (sleeve 214, fig. 8) fastened to the suspension connecting portion (206d) from the outside in the vehicle width direction [ 0041, line 1-5]. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a suspension fixing member that prevents peripherals of the suspension connecting portion from coming out as taught by Hideki into the invention of the modified Koishikawa in order to advantageously strengthen the support structure, optimize load distribution, and minimize wear on the connection points. This allows for a simple body frame structure, reduces costs associated with bending, so that the vehicle body space can be effectively utilized. [para. 0019 and 0020 of Hideki.] Regarding claim 8, Koishikawa as modified above further teaches that the frame fastener (bolt 41, [0055]) is inserted into the rear frame (60) from the inside in the vehicle width direction [0052], but fails to explicitly teach that the corresponding rear suspension fits to an outer peripheral portion of the suspension connecting portion and is prevented from coming out in the vehicle width direction by the suspension fixing member fastened to the suspension connecting portion from the outside in the vehicle width direction and so on; however, Hideki teaches that the corresponding rear suspension fits to an outer peripheral portion of the suspension connecting portion (206d, fig. 7-8) and is prevented from coming out in the vehicle width direction by the suspension fixing member (sleeve 214, fig.8) fastened to the suspension connecting portion (206d) from the outside in the vehicle width direction [ 0041, line 1-5]. Therefore, it would have been obvious to one of ordinary skill in the art of saddle type vehicle before the effective filing date of the claimed invention to have modified portion of the vehicle body frame of the modified Koishikawa to incorporate the teaching of Hideki and include an outer peripheral portion of the suspension connecting portion, such that it is prevented from coming out in the vehicle width direction by the suspension fixing member along with suspension components in the rear portion of the vehicle, in the vehicle width direction with a reasonable expectation of success in order to advantageously strengthen the support structure. This allows for a simple body frame structure, reduces costs associated with bending, so that the vehicle body space can be effectively utilized [para. 0019 of Hideki.] Regarding claim 9, Koishikawa as modified above does not appear to expressly teach that each of the pair of right and left tubular members integrally includes the outer fitting portion and the inner fitting portion; however, Ishida teaches that each of the pair of right and left tubular members (4A at 30L and 30R of Ishida) integrally includes an outer fitting portion (outer fitting at 30L, fig. 5) and the inner fixing portion (inner fitting portion at 30L, fig. 5). Therefore, it would have been obvious to one of ordinary skill in the art of saddle type vehicles before the effective filing date of the claimed invention to have each of the pair of right and left tubular members tubular, integrally formed and includes an outer fitting portion and the inner fitting portion as taught by Ishida into the invention of Koishikawa with a reasonable expectation of success in order to advantageously strengthen the support structure. This allows Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20060054371 A1 to Horiuchi discloses: the rear wheel pivot section includes an elastic member, and the rear wheel suspension device is connected to the downward frame via the elastic member. Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIN KUMAR SHARMA whose telephone number is (703)756-4619. The examiner can normally be reached Mon - Friday: 8:00am - 5 PM EST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Koppikar, Vivek can be reached on (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /NABIN KUMAR SHARMA/ Examiner, Art Unit 3612 /VIVEK D KOPPIKAR/Supervisory Patent Examiner Art Unit 3612 September 29, 2026