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 .
DETAILED ACTION
Claims 1 – 12 have been examined.
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.
Claims 3 – 4 and 8 – 11 are 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.
Claims 3 and 8 recite limitations within parentheses. These parenthetically bound limitations render the claims indefinite, as it is unclear if the limitations are required or optional. If they are required, they should be recited without the parentheses. If they are optional, then their inclusion is not necessary. Appropriate correction is required.
Claim 4 recites a limitation within quotation marks. The general use of quotation marks is for direct quotations or to denote irony, sarcasm, or skepticism. Neither of these uses is appropriate for a claim limitation. Appropriate correction is required.
Allowable Subject Matter
Claims 1 – 2, 5 – 7, and 12 are allowed.
Claims 3 – 4 and 8 – 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Staude et al. (DE102017109823A1) discloses a multi-wheeled vehicle similar to the instant invention; however Staude, either alone or in combination, neither discloses nor suggests a multi-wheeled vehicle comprising a multiple of longitudinally pivoting swingarms, comprising linear portions anterior to and posterior to their pivotal attachment with a longitudinal main frame, providing a means for front and rear swingarm suspension travel and a configuration of mechanical linkage for manual control of vehicle inclination, a pair of reciprocating hand levers, pivotally attached to the left and right side of said main frame, and further comprising a pivotal connection of each said lever to the anterior portion of the rear swingarm located on the same side of the main frame, a laterally pivoting seat-bottom, characterized in that each sideward extremity is pivotally connected to the anterior portion of the rear swingarm, located on the same side of said main frame, and a means of combining the articulation of said hand levers and said seat-bottom, such that, the simultaneous use of force and counter force can be applied to generate, as well as limit, vehicle inclination to maintain the desired tilt. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Wagner (11,602,967) discloses an independent suspension system for a leaning vehicle;
Williams et al. (2017/0088231) disclose a human-propellable vehicle;
Di Nuzzo (2024/0367749) discloses a suspension assembly for a tilting vehicle;
Storvestre (2025/0010936) discloses a four-wheel driven, all-terrain vehicle;
Storvestre (NO20221228) discloses a four-wheel drive, off-road vehicle;
Staude et al. (DE102017109823) disclose a leaning vehicle.
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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613