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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Vezina (WO-2022162638) in view of Morii (US 20040237927).
Regarding claim 21, Vezina teaches a snowmobile 10 comprising:
a chassis 16 and a tunnel 20 ([00157], Fig. 1);
an engine 42 and skis 18 coupled to a frame 16 ([00158] and [00174], Fig. 3);
a drive pulley 52, a driven pulley 54, and an endless belt 58 extending therebetween ([00177], Fig. 12);
a clutch guard 70 secured to both the chassis and the engine ([00180]-[00181] and [00203]), the clutch guard 70 including:
a shield body 118 ([00197], Fig. 12);
a torque control link section 110, integrated with the shield body 118 and including one or more engine mounting features 149 ([00209], Figs. 19-21) and one or more chassis mounting features 139 ([00203], Figs. 13 and 16);
wherein the torque control link section 110 includes a jackshaft aperture 124 for receiving a jackshaft 62, and an output shaft clearance component 126, in proximity to an output shaft 56 ([00201], Figs. 11-15), and wherein the torque control link section 110 secures a distance between the jackshaft 62 and the output shaft 56 (Figs. 11 and 13; the torque control link section is solid and has a distance between the clearance component and jackshaft aperture, thereby securing a distance between the jackshaft and output shaft), wherein the clutch guard further includes a liner 132 assembly affixed to the shield body 118 ([00202], Figs. 11-15), the liner assembly 132 including:
a frame connection feature 151 configured to secure to the chassis 12 ([00211], Fig. 15), and
a curved portion configured to partially surround the driven clutch 54 ([00201] and [00207], Figs. 11-12; a curved portion of the liner assembly 132 forms the outer edge of the output shaft clearance component 126, surrounding the driven clutch ).
Vezina teaches a drive pulley and a driven pulley, but does not expressly teach a drive clutch and a driven clutch.
However, Morii teaches a snowmobile continuously variable transmission with a drive clutch 26 and a driven clutch 29, and in which a pully 30 has a clutch 29 ([0053] of Morii; this is a common design).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a drive clutch and a driven clutch with the drive pulley and driven pulley of Vezina and the results of the modification would have been predictable and advantageously allowed for disengagement of the power transmission within the CVT (common use of clutches in a CVT).
While Vezina does not teach “wherein the torque control link section secures a distance between the drive clutch and the driven clutch”, the question is what would result from the combined teachings of the references. See in re Keller, 642 F.2d 413, 425 (CCPA 1981). Here, that result would be the modified drive clutch and driven clutch of Vezina/Morii being mounted at a distance from each other within the clutch guard of Vezina.
Allowable Subject Matter
Claims 1-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
The closest available prior art (e.g. Wakuda [EP 4080021] in view of Lechtenberg [US 2693789] and Bates [US 7353898)]) does not teach all elements of the claimed invention, particularly as follows (underlined portions not taught by the prior art of record):
Claim 1: a snowmobile comprising: a frame, engine, crankcase (as claimed in claim 1 of the instant application); the crankcase including a cast lower surface comprising a first and a second structural wall (as claimed in claim 1 of the instant application) and a curved panel extending between the two walls and including a mounting surface; and an engine mount comprising a housing and damper (as claimed in claim 1 of the instant application).
Claim 9: a snowmobile comprising: a frame, an engine, and a crankcase (as claimed in claim 9 of the instant application); the crankcase including a cast lower surface of which a portion extends below a lower mounting surface, the crankcase comprising a first and a second structural wall (as claimed in claim 9 of the instant application) and a curved panel extending between the two walls and including the mounting surface; and an engine mount comprising a housing and damper (as claimed in claim 9 of the instant application).
Claim 14: a snowmobile comprising: a frame, an engine, and a crankcase (as claimed in claim 9 of the instant application); the crankcase including a cast lower surface defining a lower apex, the crankcase comprising a first and a second structural wall (as claimed in claim 9 of the instant application) and a curved panel extending between the two walls and including the mounting surface; and an engine mount comprising a housing and damper (as claimed in claim 9 of the instant application), and wherein the crankcase has a portion that extends below a lower mounting surface.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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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/N.W.W./Examiner, Art Unit 3617
/JOHN OLSZEWSKI/Supervisory Patent Examiner, Art Unit 3617