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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore,
Claim 13, line 6 recites: “a release button” is not shown in figures 1 to 57, the feature must be shown, or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered, and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Response to Amendment
Applicant’s amendment filed 11/20/25 (hereinafter Response) including claim amendments have been entered. Examiner notes that claims 1-3, 6-8, 10, 13, 17 and 20-21 have been amended. In view of amendments, the drawing objections have been withdrawn. In view of amendment, a new ground(s) of rejections is made under 35 USC § 103 (details below) and claims 1-21 remain pending in the application.
Response to Arguments
Applicant's arguments, see ‘Remarks’ filed 11/2 have been fully considered but they are not persuasive.
In view of amendment and on page 8 of the argument, the applicant submits to introduce new limitations that Bertrand does not recite: “the seat riser includes a recess configured to receive an attachment member therein, the attachment member configured to resist forward or backward slide motion and lifting vertically”; Furthermore, Bertrand does not recite: “the mounting feature including an attachment member configured to resist forward or backward slide motion and to resist from lifting vertically”. The examiner disagrees. Bertrand expressly discloses a seat riser 212, as depicted in fig. 10, which is positioned on the base 40, wherein the seat rise includes a recess 112, as depicted in fig. 6, that is configured to resist forward or backward sliding motion as well as vertical lifting via its attached position, as disclosed by para. 0049 of Bertrand. Accordingly, Bertrand anticipates the claim limitations. See claim rejection 1 below for the detail.
Further, on page 9 of the applicant’s remarks, the applicant submits that Bertrand does not teach or suggest “an attachment member configured to resist forward or backward slide motion and to resist from lifting vertically.” The examiner disagrees. As disclosed by para. 0049 of Bertrand, it is clearly disclosed that an attachment member (a latch) 114 that selectively engages the narrowed intermediate portion 100b of the pin 100 when the passenger seat 10 is in the attached position; thus, an attachment member configured to resist forward or backward slide motion and to resist from lifting vertically.
Further, on page 9 of the applicant’s remarks, the applicant submits that claims 10, 17 and 21 are amended to introduce “the attachment member including one or more hooks and a spring-biased locking pin, the spring-biased locking pin configured to resist forward or backward slide motion while the one or more hooks resisting from lifting vertically”. In view of the amendment and upon further consideration, a new ground of rejection is made over Bertrand in view of Grondin (details below).
For these reasons, the new limitations of claim 1 do not distinguish from the current art of record e.g. Bertrand and Grondin. Accordingly, claims 1-20 including independent claim 21 are rendered obvious.
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, 3-10 and 15-18 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bertrand et al. (US Pub. 20030151278 A1; hereinafter, “Bertrand”).
Regarding claim 1, Bertrand teaches: a removable seat assembly (a detachable passenger seat, ‘Abstract’, figs. 1-12) comprising:
a seat frame (50 or 202, fig. 3 and 10), including:
a frame base (40) including a front member (A, annotated fig. 4 below) and a rear member (B, annotated fig. 4 below), a seat back frame (80, [0045]) coupled (via 82, figs. 3 and 5) to the rear member (B), an arm rest (130, [0052]) comprising a rear support structure (86, fig. 6) coupled to (via attachment point 132 [0052] the seat back frame (80), [0052 teaches: “the grab handle 130 (arm rest) includes a mounting portion 136 constructed and arranged to be mountable to the attachment point 132 of the seat frame 50; note that 132 lies on main section 86 of the frame 50 as shown in fig. 6) and a front support structure (70, fig. 4) coupled to the front member (A) to provide a first structural support (70, [0044]) to transfer a load [0016] between the front member( A) and the rear member (B) [0016 teaches that the grab handle (arm rest) includes a handle portion extending upwardly from the mounting portion. The handle portion is flexible and at least bends laterally outwardly relative to the mounting portion when a predetermined outwardly directed lateral load is applied to an upper portion of the handle portion; note that: the mounting portions, positioned at A and B are thus, designed to transfer structural loads between the front member and the rear member], and
a seat riser (212, fig. 10 and [0061] positioned on the frame base (40) [0038 teaches: “a base frame 40 (shown in dotted lines) for the passenger seat 10 is mounted to the frame 16 within the storage compartment 32. The base frame 40 is preferably mounted to a rearward portion of the tunnel 14”; note that: shown in figs. 10 and 11, the seat riser 212 is disposed at a rearward portion corresponding to the location of the frame base 40.], wherein the seat riser (212) includes a recess (112, fig. 6) configured to receive an attachment member (a latch, 114) therein, the attachment member (114) configured to resist forward or backward slide motion and lifting vertically [ para. 0049 teaches that an attachment member (a latch) 114 that selectively engages the narrowed intermediate portion 100b of the pin 100 when the passenger seat 10 is in the attached position; note that “attached position” is configured to resist forward or backward slide motion and lifting vertically.]
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Annotated fig. 4 of Bertrand
Regarding claim 3, Bertrand further teaches that the seat back frame (80) is received within the rear member (within where B is positioned as depicted in annotated fig. 4 of Bertrand above) of the frame base (40) [ see fig. 7 where seat back frame 80 is passing through 86 towards 132; also see fig. 3 where seat back frame 80 is received through main frame 86 at 94 location with the rear member B of the annotated fig. 4 above]; Also, para. 0046 further teaches that the seat back frame 80, legs 68, 70, 72, 74, and U-shaped portion 66 preferably comprise strong, light tubular members; note that as depicted in fig. 4, structural members 72 and 74 are positioned within the rear member B, thereby positioning the seat back frame 80 within the rear member], and the front support structure (70, fig. 4) is received within the front member (A, annotated fig. 4 above) of the frame base (40).
Regarding claim 4, Bertrand further teaches that the seat riser (212 at 34 location, fig. 2) defines a chamber (storage compartment 32, [0038]) therein [para. 0038 teaches that the chamber cover (34) selectively encloses the storage space within the chamber 32. A base frame 40 (shown in dotted lines, fig. 10) for the passenger seat 10 is mounted to the frame 16 within the chamber 32; note that: shown in fig. 10, the seat riser 212 is positioned at the rear base frame 40, thus, seat riser defines a chamber within the frame 40 at the rear end.
Regarding claim 5, Bertrand further teaches that the seat back frame (80) and the arm rest (130, [0052]) are at least partially received within the chamber (32) of the seat riser (212) [para. 0038 teaches that when the seat 10 is detached and the storage compartment cover 34 is attached and closed, the base frame 40 is hidden within the storage compartment (chamber) 32; It should be understood that both the seat back frame and the arm rest have connection to base frame 40 and further para. 0038 teaches that without the passenger seat 10, a storage compartment (chamber) 32 is accessible behind the rider seat; thus, seat back frame and arm rest are at least partially received within the chamber.]
Regarding claim 6, Bertrand further teaches that the front member (A, annotated fig. 4 above) and the rear member (B, annotated fig. 4 above) are secured together by one or more base brackets (cross-piece 76, fig. 4 and [0044]), an attachment member (114, fig. 6 and annotated fig. 7 below) is secured to one or more the base bracket (plurality of 76 or 86 or 132 of base frame 40, hidden line , fig. 10) between (shown in fig. 12, seat frame 202 where 110 is in between) the front member (A) and the rear member (B), and wherein the seat riser (212) at least partially houses the attachment member (114) [ It should be noted that attachment member 114 is positioned in between A and B and within 202, thereby being housed at least partially the attachment member 114.]
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Annotated fig. 7 of Bertrand
Regarding claim 7, Bertrand further teaches that the seat riser (212) includes a base (82, fig. 7), a plurality of sidewalls (left and right walls formed by 30b extending upward, [0037]), extending from the base (82) to an upper surface that defines an opening to a chamber (32; [shown in fig. 2, 30b is extended upward where chamber 32 is positioned])a t least partially (fig. 2 shows at least partially) defined by the base (82) and the plurality of sidewalls (walls of 30b), wherein the base (82) is positioned on the front member (A) and the rear member (B), wherein the seat back frame (80.fig. 7) extends from the rear member (B) through the chamber (32) and upward beyond the upper surface of the seat riser (212), wherein the rear support structure (86, fig. 6) of the arm rest (130, [0052]) is coupled to the seat back frame (80) inside of the chamber (32), and wherein the front support structure (70, fig. 4) is coupled to the front member (A) outside of the chamber (32).
Regarding claim 8, Bertrand further teaches that one or more first mounting features (“laterally-oriented pin” 90, fig. 4 and [0047]), the one or more first mounting features (90 at 70, fig. 4); including a flange (rectangular flange at A, see annotated fig. 4 above), wherein the frame base (40) is configured to secure one or more second mounting features (90 at 66, fig. 4) the one or more second mounting features (90 at 66) including the attachment member (72 on 114) [ see fig. 4 where 90 through 72 secures 68 at flange location B; para. 0044 teaches that the base frame 40 also includes third leg 72 that extend downwardly from the U-shaped portion and are constructed and arranged to be mounted to the frame 16; thus, the frame base is configured to secure one or more second mounting features including the attachment member.]
Regarding claim 9, Bertrand further teaches that the one or more first mounting features (90 at 70, fig. 4) are configured to removably engage [ para. 0047 teaches: “the separable (removably) hinge includes two laterally oriented pins 90 mounted to the U-shaped portion 66 of the base frame 40 (see figs. 3 and 4)] a first mating element ( mounting element “bolt” at A, [0044]) disposed on a side panel of a snowmobile tunnel (14),and the one or more second mounting features (90 at 66, fig. 4) are configured to removably engage [0047] a second mating element (mounting element “bolt” at B, [0044]) disposed on a top panel of the snowmobile tunnel (14) [ para. 0044 teaches: “as shown in fig. 3, the legs 68, 70 may be attached to the tunnel 14 of the frame 16 via bolts or other suitable fasteners”.]
Regarding claim 10, Bertrand teaches: a removable seat assembly (a detachable passenger seat, ‘Abstract’, figs. 1-12), comprising:
a seat frame (50, fig. 3) including a frame base (40);
a seat riser (frame extension 212, fig.10, [0062]) secured to the seat frame (202 or 50, shown in fig. 3 or 10, seat riser is secured to the seat frame), the seat riser positionable on a top panel of a snowmobile tunnel ( fig. 10 shows 212 is positioned at top frame panel), the seat riser defining a chamber (32), therein, an upper surface of the seat riser defining an opening to the chamber [ para. 0039 teaches: “It should be noted that the storage compartment 32 may be accessed upon removal of storage compartment cover 34 or passenger seat 10, thus the cover at the upper surface defines an opening to the chamber”];
a seat removably secured to the seat riser [para. 0035 teaches: “a passenger seat 10 may be selectively attached to a snowmobile 6 such that the passenger seat 10 has attached and detached positions relative to the snowmobile 6”; thus, removably secured] the seat positioned on the upper surface of the seat riser to cover the opening (via storage compartment, equivalent to chamber cover 34 as explained above)], and a mounting feature (68 or 70, fig. 4) secured to the seat frame (50 or 202) that is removably securable to the snowmobile tunnel (14] [para. 0044 teaches: “the passenger seat 10 may be securely attached on the passenger seat frame 50. In this embodiment, the base frame 40 includes an upside-down U-shaped portion 66. The U-shaped portion 66 has first and second legs 68, 70 that have ends that are constructed and arranged to be mounted to the snowmobile's frame 16; thus, a mounting feature secured to the seat frame that is removably securable to the snowmobile tunnel], the mounting feature (110; [0048]) including an attachment member (114) configured to resist forward or backward slide motion and to resist from lifting vertically [ para. 0049 teaches that an attachment member (a latch) 114 that selectively engages the narrowed intermediate portion 100b of the pin 100 when the passenger seat 10 is in the attached position; note that “attached position” is configured to resist forward or backward slide motion and lifting vertically.]
Regarding claim 15, Bertrand further teaches that the seat riser includes a bottom surface, the bottom surface including one or more channels to receive the frame base [‘Abstract’ teaches: “a forward portion of the passenger seat includes a bottom surface contoured to fit over and be supported by at least a portion of a rearward end (bottom surface of the seat riser) of the rider seat when the passenger seat is attached to the snowmobile”.]
Regarding claim 16, Bertrand further teaches that the seat frame further includes an arm rest (130) and a seat back frame (80.fig. 7), wherein the arm rest and the seat back frame are received within the chamber of the seat riser (212) [para. 0038 teaches that when the seat 10 is detached and the storage compartment cover 34 is attached and closed, the base frame 40 is hidden within the storage compartment (chamber) 32; It should be understood that both the seat back frame and the arm rest have connection to base frame 40 and further para. 0038 teaches that without the passenger seat 10, a storage compartment (chamber) 32 is accessible behind the rider seat; thus, seat back frame and arm rest are received within the chamber.]
Regarding claim 17, Bertrand teaches: a removable seat assembly, comprising:
a seat frame (50 or 202, fig. 3 and 10) comprising a frame base (40) and a seat back frame (80, [0045]);
a seat riser (212) configured to at least partially (fig. 10) receive the seat frame (50);
a first mounting feature (A of 40 through flange at A, annotated fig. 4 above) coupled to the frame base, wherein the first mounting feature (A) is securable to a top panel of a snowmobile tunnel (figs. 2 and 6) and includes an attachment member (a latch, 114) configured to resist forward or backward slide motion and to resist from lifting vertically [ para. 0049 teaches that an attachment member (a latch) 114 that selectively engages the narrowed intermediate portion 100b of the pin 100 when the passenger seat 10 is in the attached position; note that “attached position” is configured to resist forward or backward slide motion and lifting vertically.]; and a second mounting feature (B of 40 through flange at B, annotated fig. 4 above) coupled to the frame base (base of 40), wherein the second mounting feature is removably securable (fastener, such as bolt are removable) to a side panel (via16, fig. 3, [0036]) of the snowmobile tunnel (14).
Regarding claim 18, Bertrand further teaches that the seat frame (50) further comprises an arm rest (130) including a rear structural support (30b, fig. 2) coupled to the seat back frame (80) and a front structural support (30a, fig. 2) coupled to the frame base (base of 40) [ para. 0037 discloses that the rider seat 30 also includes a rearward end 30b (shown in dotted lines in fig. 1, and more clearly in fig. 2). The rearward end 30b preferably extends upwardly from the middle portion 30a to prevent the rider from sliding backward off of the rider seat 30 during operation of the snowmobile 6; thus, includes front and rear structure and coupled to the frame base.]
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 no obviousness.
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 2, 13-14 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Bertrand in view of Grondin et al. (US Pub.20140084644 A1; hereinafter, “Grondin”).
Regarding claim 2, Bertrand further teaches the attachment member 114 but does not appear to explicitly teach that the attachment member includes one or more hooks and a spring-biased locking pin, the spring-biased locking pin configured to resist the forward or backward slide motion and the hooks resisting lifting vertically; however,
Grondin in another ‘backrest for a straddle-seat vehicle’ similar to Bertrand teaches that the attachment member (72, fig. 9C) includes one or more hooks (lock member 140; [0109 teaches: “It is contemplated that the member 140 could be in the form of a pin, a hook or other such structure”]) or and a spring-biased locking pin (144, fig. 11; [0103]), the spring-biased locking pin (144) configured to resist the forward or backward slide motion and the hooks resisting lifting vertical [ para. 0103 teaches that a torsional spring 144 (a spring-biased locking pin) biases the tab 140 to extend into the slot 136 of the receptacle 108; also, para. 0110 teaches that the complementary slots 136 and hooks 140 could be configured to enable insertion and removal of the members 140 into/out of the slots 136 by rotation of the lock 112 about an axis centered between the two members 140; thus, the spring-biased locking pin (144) configured to resist the forward or backward slide motion and the hooks resisting lifting vertical.]
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 the attachment member that includes one or more hooks and a spring-biased locking pin, such that it is configured to resist the forward or backward slide motion and the hooks resisting lifting vertically as taught by Grondin into the invention of Bertrand with a reasonable expectation of success in order to advantageously configure the snowmobile seat attachment structure, ensuring back support is adapted to be pivotally connected to the seat mount. At least one fastener for attaching the mounting plate to the seat [ ‘Abstract’ of Grondin].
Regarding claim 13, Bertrand further teaches that the seat riser (212) includes a recess (recess groove 94, [0047], fig. 3 and 4) that houses the attachment member (114, fig. 6), the attachment member configured to removably secure (via 92, fig. 6) the removable seat assembly to the top panel (panel at 212 top location) of the snowmobile tunnel (14) [ para. 0047 teaches that the forked yokes 92 define grooves (recess) 94 with which the pins 90 matingly engage; it should be noted that the fastener, such as “pin” is used for removably secure the removable seat assembly to the top panel of 212], wherein; Bertrand fails to teach that the attachment member including one or more hooks and a spring-biased locking pin and a release button configured to retract the spring-biased locking pin; the one or more hooks are configured to be vertically inserted into hook openings and the spring-biased locking pin is configured to automatically extend into a pin opening to lock the attachment member; however,
Grondin teaches that the attachment member (72, fig. 9C) includes one or more hooks (lock member 140; [0109 teaches: “It is contemplated that the member 140 could be in the form of a pin, a hook or other such structure”]) or and a release button (“quick release” 112, [0097]) configured to retract the spring-biased locking pin (144); the one or more hooks (140; [para. 0110 teaches: “the lock 112 could have two members 140”; thus, one or more hooks]) are configured to be vertically inserted into hook openings (aperture 66, [0078]) and the spring-biased locking pin (144, fig. 11; [0103]) and the spring-biased locking pin is configured to automatically extend into a pin opening to lock the attachment member (see fig. 11 configuration).
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 the attachment member that includes one or more hooks and a spring-biased locking pin, such that the spring-biased locking pin and the spring-biased locking pin is configured to automatically extend into a pin opening to lock the attachment member as taught by Grondin into the invention of Bertrand with a reasonable expectation of success in order to advantageously configure the snowmobile seat attachment structure, ensuring back support is adapted to be pivotally connected to the seat mount. At least one fastener for attaching the mounting plate to the seat [ ‘Abstract’ of Grondin]. The modification represents nothing more than the predictable use of known fastening means to secure adjacent structural components and therefore claim does not include any feature that would have rendered the combination non-obvious to one of ordinary skill in the art.
Regarding claim 14, Bertrand as modified above further teaches that the attachment member (114) includes a button (pins 90) configured to unlock the removable seat assembly [para. 0047 discloses: “the separable (removable) hinge includes two laterally oriented pins 90 mounted to the U-shaped portion 66 of the base frame 40 assembly of seat frame 50”; or seat assembly formed by 50] from the snowmobile tunnel (14), wherein the button is disposed inboard from an outboard wall (fig. 6 shows inboard from an outboard wall at 112 hole) of the seat riser (212) [ para. 0048 teaches that the main section 82 of the seat frame 50 includes a female end 110 (see fig. 6). The female end 110 has a hole 112 through which the pin 100 is adapted to fit when the yokes 92 engage the pins 90 and the seat frame 50 is rotated downwardly (inboard from an outboard) about the pins 90.]
Regarding claim 21, Bertrand teaches: a snowmobile comprising:
a tunnel (14, [0036]) including a top panel (top surface panel of 16 over the 40) extending between two side panels (left and right-side surface panels of 16, fig. 1);
a first seat assembly (rider seat 30, [0037]) comprising a panel including a rear wall (wall at 30b, fig. 1) positioned between two rearwardly extending legs (rider legs when extended); and
a second seat assembly (10), the second seat assembly comprising a base (seat portion 60, fig. 8 and [0042] and a riser (212) positioned on the base (60, see fig. 1), wherein the riser includes a foot extending forward from a front wall (shown in fig. 1, wall at 30b and V shape where the foot get extended forward from front wall at 30b), wherein the second seat assembly (10) is removably securable [ para. 0035 discloses that a passenger seat 10 may be selectively attached to a snowmobile 6 such that the passenger seat 10 has attached and detached positions relative to the snowmobile 6, thus removably securable] to the tunnel rearward of the first seat assembly (fig. 1 shows rearward of the first seat assembly) with the foot positioned between the two rearwardly extending legs (rider leg when extended) and underneath at least a portion of the rear wall (wall at 30b, fig. 1) of the panel (16 at rear end, fig. 1);
wherein the second seat assembly (10) further comprises a flange (82) including a channel (“trailing edge”; [0045]) configured to receive a protrusion extending from the tunnel (see fig. 3);
wherein the riser (212) includes a recess (112, fig. 6) that receives an attachment member (114) therein, but fails to teach that the attachment member including one or more hooks and a spring-biased locking pin, the spring-biased locking pin configured to resist forward or backward slide motion while the one or more hooks resist the attachment member from lifting vertically off the snowmobile; however,
Grondin in another ‘backrest for a straddle-seat vehicle’ similar to Bertrand teaches that the attachment member (72, fig. 9C) includes one or more hooks (lock member 140; [0109 teaches: “It is contemplated that the member 140 could be in the form of a pin, a hook or other such structure”]) or and a spring-biased locking pin (144, fig. 11; [0103]), the spring-biased locking pin (144) configured to resist the forward or backward slide motion while the one or more hooks (140) resist the attachment member from lifting vertically off the snowmobile [ para. 0103 teaches that a torsional spring 144 (a spring-biased locking pin) biases the tab 140 to extend into the slot 136 of the receptacle 108; also, para. 0110 teaches that the complementary slots 136 and hooks 140 could be configured to enable insertion and removal of the members 140 into/out of the slots 136 by rotation of the lock 112 about an axis centered between the two members 140; thus, the spring-biased locking pin (144) configured to resist the forward or backward slide motion while the one or more hooks resist the attachment member from lifting vertically off the snowmobile.]
Claims 11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Bertrand in view of Branscomb (US 20040012233 A1; hereinafter, “Branscomb”).
Regarding claim 11, Bertrand doesn’t appear to explicitly teach that the chamber is waterproof; however,
Branscomb in another snowmobile seat similar to Bertrand, teaches that the chamber is waterproof [ para 0015 teaches: “the snowmobile seat may include a base; a flexible support; a foam overlay and a fabric overlay; note that foam is waterproof; also, para. 0016 teaches that connecting a second side of the flexible support a second side of the base; overlaying the flexible support with foam; placing a fabric overlay over the foam; and fastening the fabric to the base; thus, waterproof; also see claim 14.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the seat riser as disclosed by Bertrand to include a waterproof chamber as cited in claim 11, in view of the moisture-resistant seat construction taught by Branscomb (see para. 0016 of Branscomb). The motivation to do so arises from the well-known need to protect internal components and storage area from snow, ice and moisture exposure in snowmobile environment. Such a modification represents a predictable use of prior art elements according to their established functions and would not require undue experimentation.
Regarding claim 19, Bertrand teaches that the seat riser includes a chamber accessible through a removable seat cushion frame [ para. 0039 teaches: “It should be noted that the storage compartment 32 may be accessed upon removal of storage compartment cover 34 or passenger seat 10”; thus, seat riser at rear end includes a chamber accessible through a removable seat cushion frame], but fails to teach a waterproof chamber; however,
Branscomb in another snowmobile seat, similar to Bertrand teaches that the chamber is waterproof [ para 0015 teaches: “the snowmobile seat may include a base; a flexible support; a foam overlay and a fabric overlay; note that foam is engineered for water resistance; also, para. 0016 teaches that connecting a second side of the flexible support a second side of the base; overlaying the flexible support with foam; placing a fabric overlay over the foam; and fastening the fabric to the base; thus, waterproof; also see claim 14.
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 chamber accessible through a removable seat cushion frame as disclosed by Bertrand to include a waterproof chamber as cited in claim 19, in view of the moisture-resistant seat construction taught by Branscomb (see para. 0016 of Branscomb). The motivation to do so arises from the well-known need to protect internal components and storage area from snow, ice and moisture exposure in snowmobile environment. Such a modification represents a predictable use of prior art elements according to their established functions and would not require undue experimentation.
Regarding claim 20, Bertrand as modified above further teaches that the first mounting feature (A of 40 through flange at A, see annotated fig. 4 above) is positioned inboard (fig. 4 shows inboard) of the second mounting feature (B of 40 through flange at B, see annotated fig. 4 above), wherein the first mounting feature (A) is at least partially housed (fig. 10 shows partially housed) by the seat riser (212), wherein the seat back frame (80, [0045]) extends from the frame base (base of 40) through a chamber (32) defined by the seat riser (212) and upward beyond (fig. 10) the seat riser (212), wherein the rear structural support (30b, fig. 2) of the arm rest (130) is coupled (via 100, fig. 3) to the seat back frame (80) inside of the chamber (32), and wherein the front structural support (30a, fig. 2) is coupled to the frame base (base of 40) outside of the chamber (note that portion 30a is at front end as depicted by fig. 2, thus, outside of the chamber.]
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Bertrand in view of Siarkowski et al. (US PAT 6073998 A1; hereinafter, “Siarkowski”).
Regarding claim 12, Bertrand teaches the removable seat assembly, chamber and further teaches that a hand heating element configured to heat an arm rest [para. 0059 teaches: “the grab handle (arm rest) 130 may also be equipped with wind deflectors and/or electric heating elements, but fails to teach that the chamber is configured to receive an electrical connection port, the electrical connection port configured to provide electrical power to one or more of: an outlet configured to charge a personal electronic device, a seat heating element configured to heat the seat; however,
Siarkowski in another seat warmer for vehicles similar to Bertrand teaches that the chamber is configured to receive an electrical connection port (+12 GND PORT, fig. 2), the electrical connection port configured to provide electrical power to one or more of: an outlet configured to charge a personal electronic device [ col. 5, line 1-10 teaches that the electrical leads 32 connect to an electrical power source in the snowmobile 5; also line 4-5 teaches that the invention has been designed to operate from a 12 volt power source; thus, 12 volt power source is configured to charge a personal electronic devices], a seat heating element (20, Flexible heating element (FHE); [col. 3, line 55-65]) configured to heat the seat [ col. 4, line 30-35 teaches: “the thin design of the FHE 20 ensures excellent heat transfer characteristics”; thus configured to heat the seat.]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to integrate an electrical connection port, the electrical connection port configured to provide electrical power to one or more of: an outlet configured to charge a personal electronic device, a seat heating element configured to heat the seat as taught by Siarkowski into the invention of Bertrand with a reasonable expectation of success in order to advantageously optimize the snowmobile structural design where the heating element would be a predictable enhancement aimed at improving rider comfort in cold environment, thereby quickly generate sufficient heat to warm a seat exposed to extremely cold weather, while using a limited power source to generate the heat [col. 2, line 25-30 of Siarkowski.]
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20090206626 A1 to Bedard discloses: the hook will have a slot such as slot 88 to allow the hook to pass completely through the aperture thus preventing the seat from being lifted away from the tank and any forward and rearward movement therebetween.
US 6749036 B1 to Nick discloses: seat 70 includes an upper cushioned portion 72 and a lower frame portion 74. A latch 76, for example, a spring latch, is provided for removably securing the passenger seat 70 over a forward portion of the rear storage area 46 of the snowmobile.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a).
Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/NABIN KUMAR SHARMA/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
February 12, 2026