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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, claims 1-9 in the reply filed on 4/13/26 is acknowledged.
Applicant's election with traverse of Species 1, Fig. 1 in the reply filed on 4/13/26 is acknowledged. The traversal is on the ground(s) that there is no search burden. This is not found persuasive because, as previously noted by Examiner, there is a search and/or examination burden. Absent a statement by Applicant that these species are obvious variants, there would be an examination burden. As claims 1-9 read on Species 1, claims 1-9 are examined herewith.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim(s) 1, 3-4 and 9 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Crain (US Pub. No. 2018/0086343).
Regarding claim 1, Crain discloses A utility vehicle (1), comprising: a plurality of ground engaging members (6F, 6R); a frame (21) supported by the plurality of ground engaging members, the frame comprising a first frame portion extending generally rearwardly and upwardly from a front portion of the frame, a second frame portion extending generally rearwardly and downwardly from the first frame portion, and a third frame portion extending rearwardly from the second frame portion (e.g. Fig 1A, 1B, 1C); an electric powertrain supported by the frame, the electric powertrain comprising: a first motor (14) longitudinally aligned with at least a portion of the first frame portion; a second motor (16) longitudinally aligned with at least a portion of the third frame portion; and a battery (system comprising 20, 40) operably coupled to each of the first motor and the second motor, the battery longitudinally aligned with at least a portion of the second frame portion.
It is noted that the claim language is very broad. The limitations to the first motor, second motor and battery “longitudinally aligned with at least a portion of” a frame portion are subject to a variety of interpretations. First, no longitudinal direction is defined. Second, “aligned” does not specify how they are aligned (i.e. along a central axis, etc.). Finally, “with at least a portion of” again broadens the interpretation and does not specify how they are aligned. In essence, regarding the first motor, one may interpret that any part of the first motor is “aligned” in a longitudinal manner with any portion of the first frame portion. Accordingly, such limitations are subject to very broad interpretations.
Regarding claims 3 and 4, Crain discloses wherein the electric powertrain further comprises a front drive operably coupled between the first motor and at least one of the plurality of ground engaging members and a rear drive operably coupled between the second motor and at least one of the plurality of ground engaging members (at least fig 2b); wherein the battery is positioned longitudinally intermediate the first motor and the second motor (at least fig 2a).
Regarding claim 9, Crain discloses wherein the electric powertrain further comprises a plurality of chargers, and each of the plurality of chargers are operably coupled to the battery (at least 104, 114 of fig 4).
Allowable Subject Matter
Claims 2 and 5-8 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including 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: the prior art when taken alone or in combination does not appear to teach or fairly suggest at this time The utility vehicle of claim 1, further comprising a seat supported by the frame, the seat positioned over and coupled to each of the second frame portion and the third frame portion; The utility vehicle of claim 4, further comprising a steering system operable to steer at least one of the plurality of ground engaging members, the steering system comprising an electronic power steering positioned longitudinally forwardly of the first motor; or The utility vehicle of claim 1, wherein the first frame portion and the second frame portion meet at an apex defining a vertically highest point of the frame, and the apex is positioned longitudinally forwardly of a rearwardmost point of the battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB B MEYER whose telephone number is (571)270-3535. The examiner can normally be reached Monday - Friday 9-7.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JACOB B. MEYER
Primary Examiner
Art Unit 3613
/JACOB B MEYER/Primary Examiner, Art Unit 3613
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