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 § 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 nonobviousness.
Claims 1-3,5-6,21 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over US 20040239088 A1 ("Rondeau") in view of US 20070045292 A1 ("Yamada") and further in view of US 20040129485 A1 ("Rondeau '485").
Claim 1: Rondeau teaches An off-road vehicle (10), comprising: a frame (62); a wire harness assembly (145) secured to the frame and including a conductive element (Fig. 6); a battery (ATV's electrical system; para. 66, lines 3-4) connected to the wire harness assembly; a handlebar, wherein the wire harness assembly (145) extends forward of the handlebar (handle heating system; para. 71, lines 1-8) (Fig. 6); a first seat (12) coupled with the frame; a second seat (130; para. 56, lines 1-6) positioned rearward of the first seat and coupled with the frame, wherein the second seat includes a seat cushion, one or more handle members, and one or more heating elements (handle heating system; para. 71, lines 1-8), and wherein the one or more heating elements are disposed in at least one of the seat cushion and the one or more handle members (handle heating system; para. 71, lines 1-8). But does not teach wherein the one or more handle members extend further outboard compared to the handlebar and a heating element switch electrically connected to the conductive element and operably connected to the one or more heating elements, wherein the heating element switch is positioned adjacent the second seat.
However, Yamada in a similar field of art teaches a heating element switch (59) electrically connected to the conductive element and operably connected to the one or more heating elements, wherein the heating element switch is positioned adjacent the second seat (Fig. 4; para. 51, lines 1-12). 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 invention of Rondeau with the features of Yamada. One of ordinary skill in the art would have been motivated to do so as Yamada teaches “the heater control switches 58, 59, and 65 makes it possible to adjust the outputs from the heater groups” (para. 51, lines 1-3)
Further, Rondeau '485 in a similar field of art teaches wherein the one or more handle members (340) extend further outboard compared to the handlebar (134) (Fig. 2B). 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 invention of the cited prior art of Rondeau and Yamada with the features of Rondeau '485. One of ordinary skill in the art would have been motivated to do so as Rondeau '485 teaches extending the handle members outwardly relative to a longitudinal axis help the passenger sitting on the secondary seat portion stabilize himself/herself during operation of the ATV (para. 135, lines 3-5).
Claim 2: The prior art teaches the limitations of claim 1 as noted above. Rondeau further discloses the off-road vehicle, wherein the wire harness assembly (145) includes an electrical socket (electrical contact at the base of socket 34; para. 66, lines 1-11) positioned in a storage compartment located under the seat cushion (Fig. 6).
Claim 3: The prior art teaches the limitations of claim 2 as noted above. Rondeau further teaches the off-road vehicle, wherein the electrical socket is electrically connected to the one or more heating elements (para. 66, lines 1-11).
Claim 5: The prior art teaches the limitations of claim 2 as noted above. Rondeau further teaches the off-road vehicle, wherein the second seat includes an electrical plug electrically connectable to the electrical socket (34), wherein the electrical plug may be selectively disconnected from the electrical socket (para. 66, lines 1-11 and para. 67, lines 3-10).
Claim 6: The prior art teaches the limitations of claim 2 as noted above. Rondeau further teaches the off-road vehicle, wherein the electrical socket is electrically connected to one or more of a communication device, a GPS device, a light and a speaker (para. 70, lines 1-5).
Claim 23: The prior art teaches the limitations of claim 1 as noted above. Yamada further teaches the off-road vehicle, wherein the heating element switch (65) is secured to the one or more handle members (para. 51, lines 3-13).
Claims 8, 10, 12-14, 16, 17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over US 20040239088 A1 ("Rondeau") in view of US 20080246300 A1 ("Portelance") and further in view of US 20040129485 A1 ("Rondeau '485").
Claim 8: Rondeau discloses an off-road vehicle (10), comprising: a frame (62); a first seat coupled with the frame (12); a second seat (130; para. 56, lines 1-6) positioned rearward of the first seat and coupled with the frame, wherein the second seat (130) includes a base housing (attachment of 82 onto rear; Fig. 6); a first storage compartment disposed within the base housing (Fig. 6). But does not teach a second storage compartment positioned under the first seat, wherein the second storage compartment is located at least partially outboard from the first storage compartment; and a third storage compartment positioned under the first seat and separated from the second storage compartment.
However, Portelance in a similar field of art teaches a second storage (1400) compartment positioned under the first seat (footrest is under the first seat), wherein the second storage compartment is located at least partially outboard from the first storage compartment (para. 39, lines 1-7; Fig. 9). 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 invention of Rondeau with the features of Portelance. One of ordinary skill in the art would have been motivated to do so as Portelance teaches the inside of the footrest forms a cavity to store cargo (para. 39, lines 3-4).
Further, Rondeau '485 in a similar field of art teaches a third storage compartment positioned under the first seat (139) and separated from the second storage compartment (para. 125, lines 13-18). 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 invention of the cited prior art of Rondeau and Portelance with the features of Rondeau '485. One of ordinary skill in the art would have been motivated to do so as Rondeau '485 teaches the extra space under the seat can be used for additional storage (para. 125, lines 17-18).
Claim 10: The prior art teaches the limitations of claim 8 as noted above. Portelance further teaches the off-road vehicle, including a pocket (1430 within 1400) positioned adjacent to, and outboard of, the first storage compartment (footrest is outboard relative to the rear seat where first storage is located) (Fig. 9).
Claim 12: The prior art teaches the limitations of claim 8 as noted above. Portelance further teaches the off-road vehicle, further comprising a footwell assembly including a first foot rest (1040) corresponding to the seat and a second foot rest (1400) corresponding to the second seat (Fig. 5), wherein the second foot rest is located in a plane offset from the first foot rest (1400 is offset by distance X shown in Fig. 5).
Claim 13: The prior art teaches the limitations of claim 8 as noted above. Portelance further teaches the off-road vehicle, further comprising a body panel assembly, the body panel assembly including an outboard ridge (outer edge of 1060) extending along an upper rear panel and a rear splash panel (1060 that goes from the edge up to 1015) (Fig. 7), the outboard ridge forming a channel to receive a second rider's legs therein (Annotated Fig. 1).
Claim 14: Rondeau teaches an off-road vehicle (10), comprising: a frame (62); a first seat (12) coupled with the frame; a second seat (130; para. 56, lines 1-6) positioned rearward of the first seat and coupled with the frame, wherein the second seat includes a base housing (attachment of 82 onto rear; Fig. 6); a storage compartment disposed within the base housing (Fig. 6). But does not teach a first pocket positioned adjacent to the storage compartment and outboard relative to the storage compartment; and a second pocket positioned adjacent to the storage compartment and outboard relative to the storage compartment, wherein the second pocket is positioned on an opposing side of the storage compartment relative to the first pocket.
However, Portelance in a similar field of art teaches a first pocket (1430; para. 39, lines 1-7; Fig. 9) positioned adjacent to the storage compartment and outboard relative to the storage compartment (Footrests are outboard relative to the rear seat which is where the storage compartment is located); and a second pocket positioned adjacent to the storage compartment and outboard relative to the storage compartment (the opposite side is a mirror image and inherently positioned outboard relative to the storage compartment), wherein the second pocket is positioned on an opposing side of the storage compartment relative to the first pocket (the opposite side is inherently on an opposing side; Fig. 9 shows the left side, and a matching right side is a standard, obvious design symmetry in vehicles). 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 invention of Rondeau with the features of Portelance. One of ordinary skill in the art would have been motivated to do so as Portelance teaches the inside of the footrest forms a cavity to store cargo (para. 39, lines 3-4).
Claim 16: The prior art teaches the limitations of claim 14 as noted above. Rondeau further teaches the off-road vehicle, including a wire harness assembly (145) secured to the frame (62), wherein the wire harness assembly includes a plurality of conductive elements and an electrical socket, wherein the second rider seat (130) includes a seat heating element located in a seat cushion of the second seat (seat heating system; para. 71, lines 1-8), wherein the electrical socket delivers power to the seat heating element (para. 66, lines 1-11).
Claim 17: The prior art teaches the limitations of claim 16 as noted above. Rondeau further teaches the off-road vehicle, wherein the second seat (130) includes a heating element molded into one or more handle members (handle heating system; para. 71, lines 1-8), wherein the electrical socket delivers power to the heating element (para. 66, lines 1-11).
Claim 19: The prior art teaches the limitations of claim 16 as noted above. Rondeau further teaches the off-road vehicle, wherein the electrical socket is electrically connected to one or more of a communication device, a GPS device, a light, a speaker, (para. 70, lines 1-5).
Allowable Subject Matter
Claims 9, 11, 20, and 24 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 an examiner’s statement of reasons for allowance: None of the references, either alone or in combination, disclose all of the limitations of the claims. Specifically, with regardclaims 9 and 11 none of the references disclose wherein the third storage compartment is located at least partially outboard from the first storage compartment.
With regards to dependent claim 20 none of the references disclose wherein the second seat includes a switch to selectively control one or more of the communication device, the GPS device, the light, the speaker, the battery charger, and the personal device charger.
With regards to dependent claim 24 none of the references disclose wherein each of the first pocket and the second pocket are at least partially defined by an underside portion of the removable seat cushion.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AL-BIRR RAHMAN CHOWDHURY whose telephone number is (571)272-4661. The examiner can normally be reached 9:30am - 6:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/A.R.C./Examiner, Art Unit 3618
/KAREN BECK/Primary Examiner, Art Unit 3614
Prosecution Insights