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 .
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.
(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 – 4, 6 and 7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent application publication number US 2007/0176387 A1 to Tsuruta et al. (hereinafter referred to as Tsuruta).
Regarding claims 1, 3, 4, 6 and 7, Tsuruta discloses a vehicle (saddle-type four-wheel all-terrain vehicle 1) comprising:
[Claim 1] a pair of wheels (left and right rear wheels 3, Fig. 2);
a body frame (vehicle body frame 4) including an upper frame portion (left and right sub-frame upper pipes 62) extending in a fore-aft direction (See Figs. 4 and 7) and located higher than the pair of wheels (a portion of the frame 4 is above wheels 3, See Fig. 1), and a second frame (upper arm 76 and lower arm 77) connected to the upper frame portion and extending downward (See Fig. 7);
a pair of suspensions (shock absorbers 79, Fig. 7) located between the pair of wheels and the body frame to suspend the pair of wheels (See Figs. 2 and 7); and
a stabilizer (stabilizer 87) pivotably supported (at holder 88 and connecting bracket 89, Fig. 7) by the body frame to connect the pair of suspensions to each other (the suspensions are connected to each other via the body frame 4 and the stabilizer 87 which is also connected to the body frame 4 via the arm body 81; Paragraphs [0088] and [0089]);
wherein the pair of suspensions each include a shock absorber (left and right rear shock absorbers 79; Paragraph [0068]); and
the stabilizer and a first end (at connecting boss 79a, Fig. 7) of each shock absorber are supported by the body frame adjacent to a connection (adjacent to front upper arm supporting portion 69a) between the upper frame portion (left and right sub-frame upper pipes 62) and the second frame (upper arm 76 and lower arm 77);
[Claim 3] wherein the stabilizer (stabilizer 87) extends through a region (beneath muffler 24) which is more rearward than each of the shock absorbers (shock absorbers 79, Fig. 7);
[Claim 4] wherein the stabilizer (stabilizer 87) extends through a region (at bracket 89, Fig. 7) which is more forward than each of the shock absorbers (shock absorbers 79, Paragraph [0089]);
[Claim 6] wherein the pair of wheels (left and right rear wheels 3, Fig. 2) include a rear wheel (Paragraph [0009]); and
[Claim 7] wherein the vehicle (saddle-type four-wheel all-terrain vehicle 1) is a straddled vehicle (Figs. 1 and 2).
Regarding claim 2, Tsuruta discloses a vehicle (saddle-type four-wheel all-terrain vehicle 1) comprising:
a pair of wheels (left and right rear wheels 3, Fig. 2);
a body frame (vehicle body frame 4) including a first frame (sub-frame 60) extending in a fore-aft direction (See Figs. 4 and 7) and located higher than the pair of wheels (a portion of the frame 4 is above wheels 3, See Fig. 1), and a second frame (upper arm 76 and lower arm 77) connected to the first frame and extending downward (See Fig. 7);
a pair of suspensions (shock absorbers 79, Fig. 7) located between the pair of wheels and the body frame to suspend the pair of wheels (See Figs. 2 and 7); and
a stabilizer (stabilizer 87) pivotably supported (at holder 88 and connecting bracket 89, Fig. 7) by the body frame to connect the pair of suspensions to each other (the suspensions are connected to each other via the body frame 4 and the stabilizer 87 which is also connected to the body frame 4 via the arm body 81; Paragraphs [0088] and [0089]);
wherein the pair of suspensions each include a shock absorber (left and right rear shock absorbers 79; Paragraph [0068]);
the stabilizer and a first end (at connecting boss 79a, Fig. 7) of each shock absorber are supported by the body frame adjacent to a connection (adjacent to front upper arm supporting portion 69a) between the first frame (sub-frame 60) and the second frame (upper arm 76 and lower arm 77); and
the vehicle further includes a bracket (upper shock absorber supporting portions 70a) located adjacent to the connection (adjacent to front upper arm supporting portion 69a) between the first frame (sub-frame 60) and the second frame (upper arm 76 and lower arm 77) to support the stabilizer (stabilizer 87) and the first end (at connecting boss 79a) of the shock absorber (left and right rear shock absorbers 79; Paragraph [0068]).
Allowable Subject Matter
Claim 5 is allowable.
Regarding claim 5, Tsuruta discloses a vehicle according to Claim 1, but does not explicitly teach the stabilizer extends through a region which is higher than each of the shock absorbers. Other prior art does not disclose claim 5, singly or in combination with Tsuruta. Tsuruta cannot be modified to make the stabilizer extend above the shock absorber without interfering with the function of Tsuruta’s device. For instance, raising the stabilizer (87) of Tsuruta to be above shock absorber (79) would cause it to interfere with muffler (24) which is in the area above the shock absorber (79, See Fig. 7).
Response to Arguments
Applicant's arguments filed December 10, 2025, have been fully considered but they are not persuasive. The applicant has amended claims 1 and 2, while arguing, Tsuruta does not disclose the amended claim structure because “the entire subframe 60 of Tsuruta, including the left and right sub-frame upper pipes 62, is located below the top of the pair of wheels 3”. However, the amended claims do not require the entire frame to be above the wheels. (Remarks, Page 2) However, at least a portion of Tsuruta’s frame (a portion of the frame 4, See Fig. 1) extends above the wheels. Therefore, Tsuruta discloses the claimed inventions of in independent claims 1 and 2.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611