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 § 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.
Claims 1 – 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by patent application number JPH 0439183 A to Mitsuru et al (hereinafter referred to as Mitsuru).
Regarding claims 1, 2, 4 and 6 – 13, Mitsuru discloses a straddle-type vehicle (motorcycle, Fig. 1) comprising:
[Claim 1] an accommodation space (storage box 31) configured to accommodate an accommodation object (battery 14);
a seat (seat 23) disposed behind the accommodation space in a front-rear direction and on which a rider straddles (See Figs. 1 and 2);
a hinge shaft (support shaft 69) disposed above and in front of a front end portion of the seat and extending in a left-right direction (although not explicitly shown, the hinge stay 63 is mounted on top of bracket 9, See Fig. 6, which makes it at least above and in front of the lowest most front edge of seat 23 in order for cover member 71 to pivot as shown in Fig. 1; Mitsuru, Page 2 of Machine Translation); and
a cover body (cover member 71) pivotable about the hinge shaft (support shaft 69) between an open position (shown in dashed line in Fig. 1) where the accommodation space is opened upward and a closed position (shown in solid line in Fig. 1) where the accommodation space is covered from above (Mitsuru, Page 2 of Machine Translation);
a protruding portion (the top surface of cover member 71) protruding obliquely forward and upward from the front end portion of the seat to restrict a front end position of a seating range of the rider (the rear end of cover member 71 protrudes obliquely forward and upward from the front end of the seat 9, Fig. 1); and
wherein the hinge shaft (support shaft 69) is disposed in a space covered by the protruding portion (“a hinge plate 68 is attached to the rear of the cover member 71 in a sandwich structure with a butt 75 by bolt and nut connection”, Page 2, Fig. 8). Therefore, the hinge must be located underneath the rear portion of the cover member (71) opposite the butt (75), making it covered by a protruding portion of cover member (71);
[Claim 2] further comprising:
a protruding portion (the top surface of cover member 71) protruding obliquely forward and upward from the front end portion of the seat (seat 23) to restrict a front end position of a seating range of the rider (See Fig. 1), wherein the hinge shaft (support shaft 69) faces a surface of the protruding portion facing forward in the front-rear direction (the hinge 63, 67 and 68 being on the rear undersurface of cover member 71 faces the front undersurface of cover member 72, Fig. 1);
[Claim 4] wherein the hinge shaft (support shaft 69) is positioned on a center plane of the straddle-type vehicle (motorcycle, Fig. 1) in the left- right direction (the hinge stay 63 is mounted on top of bracket 9 which is positioned in the center of the motorcycle frame, See Fig. 6);
[Claim 6] further comprising: a base (box body 32) having a frame shape (box body 32 is shaped as the frame in which it sits, Fig. 1), the base including an upper opening (the upper rim portion of top opening 37, Fig. 7) closed by the cover body (cover member 71) and a lower opening (the lower rim portion of top opening 37, Fig. 7) positioned below the upper opening;
[Claim 7] further comprising: a base (box body 32) having a frame shape, the base including an upper opening (the upper rim portion of top opening 37, Fig. 7) closed by the cover body (cover member 71) in the closed position (shown in solid line in Fig. 1) and a lower opening (the lower rim portion of top opening 37, Fig. 7) positioned below the upper opening, wherein the base includes a protruding portion (the top surface of cover member 71) protruding obliquely forward and upward from the front end portion of the seat (seat 23) to restrict a front end position of a seating range of the rider (Fig. 7);
[Claim 8] further comprising: a case main body (battery box 34) that supports a battery pack (battery 14) which is the accommodation object (battery 14) accommodated in the accommodation space (storage box 31), wherein the base (box body 32), the hinge shaft (support shaft 69), the cover body (cover member 71), and the case main body are coupled to one another and are unitized as a battery accommodation unit (the entire receptacle holds the battery; “a battery box 34 that continues from the lower left side of the bottom of the box body 32 and opens upward”; Page 2, Mitsuru, Machine Translation); and
[Claim 9] wherein the accommodation space (storage box 31) includes a battery space (battery box 34) occupied by a battery pack (battery 14) which is the accommodation object (battery 14) and a remaining space (the space occupied by Helmet H, See Fig. 3), the remaining space includes a shaft accommodation space (the space under lid member 71 occupied by support shaft 69) in which the hinge shaft (support shaft 69) is disposed and a luggage accommodation space for accommodating luggage (such as helmet H), and the straddle-type vehicle (motorcycle, Fig. 1) further includes a partition wall (bracket 9) that partitions the shaft accommodation space and the luggage accommodation space (the top of bracket is mounted to the hinge stay 63 having the support shaft 69);
[Claim 10] further comprising: an arm (68) that connects the hinge shaft (support shaft 69) and the cover body (cover member 71), the arm being pivotable about the hinge shaft together with the cover body, wherein the hinge shaft is disposed in a space covered by the protruding portion, and in the space of the protruding portion, the cover body and the arm are configured to rotate around the hinge shaft (“A hinge plate 68 is pivotally attached to the stay 63… is attached to the rear cover member 71, Page 2; See Fig. 8);
[Claim 11] wherein the remaining space is arranged above the battery space (battery box 34), and the shaft accommodation space (the space under lid member 71 occupied by support shaft 69) is arranged behind the luggage accommodation space (the space holding items such as helmet H) with respect to the partition wall (bracket 9);
[Claim 12] wherein the hinge shaft (support shaft 69) faces a surface of the protruding portion (the top surface of cover member 71) facing forward in the front-rear direction, and the protruding portion extends to a position forward of the hinge shaft (as indicated by the mounting of the hinge at 75, in Fig. 8); and
[Claim 13] further comprising: an arm (68) that connects the hinge shaft (support shaft 69) and the cover body (cover member 71), the arm being pivotable about the hinge shaft together with the cover body, wherein the arm includes a front end portion and a rear end portion located separately with each other (See Fig. 8; “a hinge plate 68 is attached to the rear of the cover member 71, Page 2).
Allowable Subject Matter
Claim 14 is 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.
Claims 3 and 5 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 3, the prior art does not disclose a straddle-type vehicle, as claimed, and further wherein when viewed in the left-right direction, the arm has a bent shape in which a front end portion of the arm is positioned in front of a front end portion of the protruding portion when the cover body is in the open position. Claim 5 depends from claim 3, and therefore, is also allowed.
Regarding claim 14, Mitsuru discloses the straddle-type vehicle according to claim 1, but does not disclose the protruding portion includes a non-exposed portion covered by the cover body in the closed position from above, the straddle-type vehicle further comprises a seal located between the cover body and the non-exposed portion in an up-down direction, and the non-exposed portion has a concave shape such that a portion with which the seal is brought into close contact is recessed downward.
Response to Arguments
Applicant's arguments filed January 16, 2026 have been fully considered but they are not persuasive. Mitsuru clearly states that the hinge plate (68) “is attached to the rear of the cover member 71 in a sandwich structure with a butt 75 by bolt and nut connection” (Page 2 of the Machine Translation). When interpreted together with Figure 8, the hinge (63 – 69) and hinge plate 68 must be located beneath cover member 71 at its rear. Therefore, this application is finally rejected.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2013/0270026 A1 to Matsuda Electric motorcycle and charging connector placed in a space accessed by the seat.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./ Supervisory Patent Examiner, Art Unit 3611
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