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
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/6/26.
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, 2, 5, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 7,673,711 B1 to Berg.
Regarding claim 1, Berg discloses a snowmobile (400) (Figs. 2, 3, and 11 & col 4 lns 7-38 disclose a vehicle for snow including two tracks and two skis and therefore is interpreted as being a snowmobile), comprising:
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[AltContent: textbox (Annotated)]a frame (408,708, 2168) including a tunnel assembly (Figs. 2, 3, 11, and 13 & col 5 lns 58-65);
a plurality of ground engaging members supporting the frame (408,708, 2168), the plurality of ground engaging members including a first ski (434) and a first track (422) (Fig. 2 & col 4 lns 7-16);
a powertrain (at least 2160, 2190) supported by the frame (2168), the powertrain (at least 2160, 2190) configured to provide rotational power to the first track (422,2154) (Figs. 2-3 and 13 & col 4 lns 7-16 and col 8 lns 17-25 and 42-45);
the tunnel assembly comprising:
a first tunnel portion (A) comprising a pair of laterally-spaced longitudinally-extending panels (A1,A2) including a first longitudinally extending panel (A1) and a second longitudinally extending panel (A2) (Berg Annotated Fig. 11);
a second tunnel portion (B) positioned on one lateral side of the first tunnel portion (A), the second tunnel portion (B) comprising a first outer side panel (B) laterally spaced outwardly from the first longitudinally extending panel (A1) of the first tunnel portion (A) (Berg Annotated Fig. 11) (Berg Annotated Fig. 11);
a third tunnel portion (C) positioned on the other lateral side of the first tunnel portion (A), the third tunnel portion (C) comprising a second outer side panel (C) laterally spaced outwardly from the second longitudinally extending panel (A2) of the first tunnel portion (A) (Berg Annotated Fig. 11); and
a brace assembly comprising:
a first brace (D) positioned within the first tunnel portion (A), the first brace (D) extending between the first longitudinally extending panel (A1) and the second longitudinally extending panel (A2) (Berg Annotated Fig. 11 noting that the brace is interpreted as being the edge of the panel connecting panel A1 and A2);
a second brace (E) positioned within the second tunnel portion (B), the second brace extending (E) between the first outer side panel (B) and the first longitudinally extending panel (A1) (Berg Annotated Fig. 11 noting that the brace is interpreted as being the edge of the panel connecting panel A1 and B);
a third brace (F) positioned within the third tunnel portion (C), the third brace (F) extending between the second outer side panel (C) and the second longitudinally extending panel (F) (Berg Annotated Fig. 11 noting that the brace is interpreted as being the edge of the panel connecting panel C and A2); and
the first brace (D) is coupled to the second brace (E) at a first coupling point (G) and the first brace (D) is coupled to the third brace (F) at a second coupling point (H) (Berg Annotated Fig. 11 noting that the trailing edges of the first and second longitudinally extending panels are interpreted as being the coupling points F,G of the first, second and third brace).
Regarding Claim 2, depending on claim 1, Berg further discloses:
a fourth brace (I) positioned longitudinally forward of the second brace (E), the fourth brace (I) extending between the first outer side panel (B) and the first longitudinally extending panel (A1) (Berg Annotated Fig. 11 noting that the brace is interpreted as being the forward edge of the panel connecting panel A1 and B); and
a fifth brace (J) positioned longitudinally forward of the third brace (F), the fifth brace (J) extending between the second outer side panel (C) and the second longitudinally extending panel (A2) (Berg Annotated Fig. 11 noting that the brace is interpreted as being the forward edge of the panel connecting panel C and A2).
Regarding claim 5, depending on claim 1, Berg further discloses a second track (424) (Fig. 2 & col 4 lns 7-16), wherein the second brace (E) is positioned vertically above the first track (422) and the third brace (F) is positioned vertically above the second track (424) (Figs. 2-3 & Annotated Fig. 11).
Regarding claim 6, depending on claim 1, Berg further discloses wherein a portion of the powertrain is supported by the first brace (D) (Annotated Fig. 11 & col 5 ln 63 – col 6 ln 31 disclose that the chassis 708 which is brace D is a part of together support the first and second tracks which are part of the part of the powertrain because they are the final receiving element of power from the engine.).
Regarding claim 8, depending on claim 1, Berg further discloses wherein the first outer side panel (B) forms a first outer lateral side surface (B) of the tunnel assembly, and the second outer side panel (C) forms a second outer lateral side surface (C) of the tunnel assembly opposite the first outer lateral side surface (B) (Annotated Fig. 11).
Claim Rejections - 35 USC § 103
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.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Berg in view of US 2017/0029035 A1 to Dube et al (hereinafter Dube).
Regarding claim 4, depending on claim 1, Berg does not appear to further disclose a fuel assembly operably coupled to the powertrain, the fuel assembly including a fuel tank, wherein the fuel tank is positioned between the pair of laterally-spaced longitudinally-extending panels and vertically below the first brace.
Dube teaches that it was old and well known in the art of off road recreation vehicles, before the effective filing date of the claimed invention, a fuel assembly (56) operably coupled to the powertrain (50), the fuel assembly (56) including a fuel tank (56), wherein the fuel tank (56) is positioned between the pair of laterally-spaced longitudinally-extending panels (260) and vertically below the first brace (262) (Fig. 2B and 3A & [0139] and [0175] teach that the fuel tank is positioned between the panels 260 and below the brace 262).
Therefore, it would have been obvious to one of ordinary skill in the art of off road recreation vehicles before the effective filing date of the claimed invention to modify the off road recreation vehicles system disclosed by Berg to incorporate for a fuel assembly including a fuel tank, wherein the fuel tank is positioned between the pair of laterally-spaced longitudinally-extending panels and vertically below the first brace as taught by Dube in order to allow there to be more space in the cockpit area of the vehicle, e.g., see Dube [0003], and because doing so could be readily and easily performed by any person of ordinary skill in the art, without undue experimentation or risk of unexpected results.
Allowable Subject Matter
Claims 3 and 7 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B WEHRLY whose telephone number is (303)297-4433. The examiner can normally be reached Monday - Friday, 8:30 - 4:30 MT.
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/CHRISTOPHER B WEHRLY/Primary Examiner, Art Unit 3611