DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after May 19, 2022, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Applicant’s amendment filed 02/10/26 (hereinafter Response) including claim amendments have been entered. Examiner notes that claims 1-2 and 6 have been amended and claim 5 has been cancelled. Claims 8-16 are newly added. Applicant’s amendment necessitated a new ground(s) of rejections under 35 USC § 102 as being anticipated by “Kuroki” and 35 USC § 103 (details below). Accordingly, claims 1-4 and 6-16 remain pending in the application.
Response to Arguments
Applicant's arguments see (‘Remarks’ filed 02/10/2026, pages 7-14) and in light of amendment, the applicant contends that “the 35 USC § 102 rejection made for claim 1 is deficient and that the claimed features are not taught or aligned or suggested, or applied in a manner that attempted to anticipate claim 1” have been fully considered, but were not found persuasive for this reason:
In view of argument [‘Remarks’, pages 8-9], the applicant traverses the rejection of claim 2 under 35 USC § 112(b) for purportedly being indefinite. The examiner disagrees. The record shows the engine-motor coupling structure itself occupies the region adjacent to the motor, and the motor couplable parts are expressly connected to the engine or frame. If those components necessarily occupy or intersect the same lateral region as the motor, how can the frame be said to be “absent” from that space? Does “absent” exclude only the main frame rails, or does it also exclude brackets, bosses, couplers, or any other structural member that supports the motor? Without clear boundaries, how would one determine a given frame configuration with vehicle widthwise coverage? see 112(b) rejection in detail below.
In view of argument [ ‘Remarks’, pages 9-10], the applicant submits that “the electric motor must define an axis of rotation extending in a vehicle widthwise direction, and the electric motor includes a casing secured at front and rear ends thereof to the engine” are fully considered The Examiner agrees and – in view of the amendment, the prior art of rejections under -102 are withdrawn. However, in view of further consideration and based on the teaching of Kuroki and/or that which is known in the art, the argument regarding claim 1 is moot because a new ground of rejection under 35 USC § 102 and 35 USC § 103 (details below) does not rely on the references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Thus, prior art of record, alone or in combination shows the features as recited in the claim invention. Accordingly, this rejection remains non-final and claims 1-4 and 6-16 remain pending in the application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION. —The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 2 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 2 recites the phrase “vehicle body frame is arranged so as to be absent from a space overlapping with an entirety of the electric motor, as viewed widthwise outside” are ambiguous and lacks clarity.
The expression “absent from a space overlapping” does not clearly define the spatial relationship between the frame and the electric motor in mechanical terminology. It is unclear what constitute the “space”, how its boundaries are determined and silent (e.g. whether the space overlaps with A - an entirety of the motor vs. B- only with a part thereof), or whether “absent” means completely outside that region or merely partially outside or in the disconnect configuration with the transmission or if projected outside the frame and in isolation and how far from the couplable parts.
Because of this uncertainty, one of ordinary skill in the art cannot determine the exact structural location between the frame and the motor with reasonable certainty, rendering the scope of claim 2 indefinite. For the sake of compact prosecution, the examiner understood the phrase “the vehicle body frame is arranged so as to be absent from a space overlapping with an entirety of the electric motor, as viewed from a vehicle widthwise outside” to be - “the vehicle body frame is arranged so as not to intersect the lateral projection of the electric motor, as viewed from a vehicle widthwise outside”.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-12 and 14-15 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kuroki (US Pub. 20120318601 A1).
Regarding claim 1, a saddle-riding vehicle (“a hybrid saddle-type vehicle”, figs. 1-8 and [0030]) comprising:
front and rear wheels (“a front wheel WF”, “a rear wheel WR”; [0030])
a power unit (120, [0061]) including an engine (120, [0058]) which is located between the front and rear wheels (WF and WR, fig. 7) and produces drive power (“drive power”; [0006, lines 1-6], and an electric motor (63, [0040]) which is secured to the engine and produces drive power [ para. 0043 teaches: “the electric motor 63 is disposed on the other side (right side in FIG. 4) of the swing arm 7 in the widthwise direction of the vehicle, and transmits the driving force to the drive shaft 52 of the rear wheel WR and see fig. 8 where engine 120 and motor 63 are housed together]; and
a vehicle body frame (2, fig. 7) supporting the power unit (120), at opposite sides (fig. 8 shows 120 and 63 are positioned on the opposite side) of the electric motor (63) in a longitudinal direction of the vehicle (figs. 7 and 8 shows in longitudinal direction),
wherein the electric motor (63) defines an axis of rotation (fig. 3) extending in a vehicle widthwise direction [figs. 4-6 and para. 0038 teaches: “the driving mechanism 60 includes a drive power transmitting mechanism 62 for transmitting the power of the engine E from one side of the swing arm 7 in the widthwise direction of the vehicle to the drive shaft 52 of the rear wheel WR which will be described, and an electric motor 63 for transmitting the driving force from the other side of the swing arm 7 in the widthwise direction of the vehicle to the drive shaft 52”], and the electric motor (63) includes a casing (90, [0043]) secured at front and rear ends (figs. 7-8) thereof to the engine (120).
Regarding claim 2, Kuroki further discloses that the vehicle body frame (2) is arranged so as to be absent from a space overlapping with an entirety of the electric motor (63, fig. 8), as viewed from a vehicle widthwise (‘abstract’) outside laterally (figs. 2-3) [see 112(b) rejection above; note that the examiner understood the term ‘absent’ as being separated from space overlapping the entirety of electric motor with the body frame; thus, as depicted in figs. 2-3 and 8, motor 63 with housing 90 is positioned separate from vehicle body frame as viewed from a vehicle widthwise and outside laterally].
Regarding claim 3, Kuroki further discloses that the engine (120) includes an electric motor (63) couplable part at which the electric motor (63) is coupled and a supportable part (110, fig. 3) which is supported by the vehicle body frame (2), and the electric motor (63) couplable part (via (112 and 114, [0049]) is located adjacent to the supportable part (110).
Regarding claim 6, Kuroki further discloses that the casing (90) of the electric motor (63) includes a rib extending in a circumferential direction (see annotated fig. 3 below where housing shows rib extending in a circumferential direction).
PNG
media_image1.png
715
533
media_image1.png
Greyscale
Annotated fig. 3 of Kuroki.
Regarding claim 7, Kuroki further disclose that the engine (120) includes a crankshaft (150; [0061]), a cylinder (“cylinder”; [0061]) extending upwards of the crankshaft (fig. 2), and a speed reducer housing (“gear reduction device”133; [0062]) which is located rearwards (“to the rear wheel WR, [0061]) of the crankshaft (150) and in which a speed reducer (133) is housed [para. 0061 teaches: “the power unit 120 includes the engine E and a drive power transmitting mechanism 130 for transmitting the output of the engine E to the rear wheel WR. The engine E is an overhead cam (OHC) internal combustion engine, and if a piston reciprocates in a cylinder, the reciprocating movement is converted into a rotational movement of a crank shaft 150 via a connecting rod the electric motor is positioned rearwards of the cylinder and upwards of the speed reducer housing, and the engine is supported at a rear portion of the cylinder and an upper portion of the speed reducer housing by the vehicle body frame”.],
the electric motor (63) is positioned rearwards of the cylinder and upwards of the speed reducer (133) housing, and the engine (120) is supported at a rear portion of the cylinder and an upper portion of the speed reducer housing by the vehicle body frame (2) [ see fig. 8 where motor housing 90 is positioned rearward (WR) of the cylinder and upwards of the speed reducer 133 housing and the engine 120 is supported at rear portion of the cylinder and upper portion of the 133.]
Regarding claim 8, Kuroki further disclose that the vehicle body frame (2) supports the power unit (120) at a front position (fig. 8 shows opposite side of rear WR), which is located frontward of a front end of the casing of the electric motor (63), and at a rear position, which is located rearward of a rear end of the casing ( as depicted in see fig. 8, Kuroki expressly teaches motor 63 is positioned at rear position where as power unit 120 is positioned at a front position forward of a front end of the casing of the electric motor 63.]
Regarding claim 9, Kuroki further disclose that the front position comprises a rear portion of a cylinder of the engine (120; see fig. 8 where the front position is depicted as a rear portion of the cylinder of engine 120, see annotated fig. 8 below.
PNG
media_image2.png
706
548
media_image2.png
Greyscale
Annotated fig. 8 of Kuroki.
Regarding claim 10, Kuroki further disclose that the electric motor (63) is arranged above a crankshaft of the engine [para. 0048 teaches that the rotational shaft 93 of the electric motor 63 is connected to the drive shaft 52, so that the driving force of the electric motor 63 is transmitted to the drive shaft 52; also, the attachment 104 of the motor housing 90 is fitted in the outer hub 86 and one end of the rotational shaft 93 protruding from the motor housing 90; thus, the electric motor (63) is arranged above a crankshaft of the engine. See fig. 8.]
Regarding claim 11, Kuroki further disclose that the saddle-riding vehicle (“a hybrid saddle-type vehicle”, figs. 1-8 and [0030]) as claimed in claim 1, wherein the engine (63) includes:
a crankshaft (150) extending in the vehicle widthwise direction [since engine and motor is extended in vehicle width direction as taught by para. 0060, therefore a crankshaft (150) extending in the vehicle widthwise direction];
a crankcase (134b, [0062]) in which the crankshaft is housed (see para. 0061-0062];
a cylinder projecting upwards from the crankcase [“134a accommodating the above components (equivalent to “projecting upwards”) of the drive power transmitting mechanism]; and
a cylinder head (head of cylinder 22) present above the cylinder (9) [0042], and
the electric motor (63) is arranged rearwards of the cylinder (fig. 8) and upwards of the crankcase (134b) [ para. 0067 teaches that the attachment 104 of the motor housing 90 is fitted in the outer hub 86 via the pair of ball bearings 105. Note that outer hub is being interpretated being arranged rearward of the cylinder.]
Regarding claim 12, Kuroki further disclose that the crankcase (134a) has a top surface which is formed in a curvilinear shape with a downward concavity (see annotated fig. 8 above) defined in a conforming manner to an external shape of the electric motor (63).
Regarding claim 14, Kuroki further disclose that the engine (120) further includes at least one supportable part (10, [0031]) which are supported by the vehicle body frame (2); and the supportable part (10) is arranged at a portion of the cylinder head projecting rearwards of the rear end of the cylinder [ para. 0031 teaches: “the body frame 2 includes a pair of left and right main frames 10 branched in a right and left direction from the head pipe 3s and extending backward and obliquely downward, a pair of left and right pivot plates 11 connected to a rear portion of the main frame 10, The engine E is supported below the main frame 10, thus, the engine further includes at least one supportable part which are supported by the vehicle body frame; and the supportable part is arranged at a portion of the cylinder head projecting rearwards of the rear end of the cylinder.]
Regarding claim 15, Kuroki further disclose that the engine includes an electric motor (63) couplable part (via 112) at which the electric motor (63) is coupled (fig. 3), and a supportable part (10) which is supported by the vehicle body frame (2, [0031]); and
the supportable part (10) and the electric motor (63) couplable part (via 112) are arranged in close proximity (fig. 3) by being formed to be located in the same positions in at least one of a longitudinal direction of the vehicle and a vertical direction [see fig. 3., showing the electric motor (63) couplable part (via 112) are arranged in close proximity (fig. 3) by being formed to be located in the same positions in at least one of a longitudinal direction of the vehicle and a vertical direction.]
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.
Claim(s) 4, 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kuroki in view of Nomura at al (US Pub. US 20120217075 A1).
Regarding claim 4, Kuroki further discloses the engine (120) a second electric motor (63) couplable part (via 112) at which the electric motor (63) is coupled at a rear portion (fig. 8 shows motor is positioned at rear portion) thereof, and at least two supportable parts (112 and 114, [0049]) which are supported by the vehicle body frame (2 and connection member 110) and are separated from each other in the longitudinal direction (see figs. 7-8). Kuroki does not appear to explicitly teach two separate motors where a first electric motor couplable part at which the electric motor is coupled, thereof and the first and second electric motor couplable parts are located between two of the supportable parts separated from each other in the longitudinal direction; however,
Nomura in another hybrid vehicle driving device similar to Kuroki teaches a first electric motor (16, fig. 6; [0049]) couplable part ( via control section 10, [0066]) at which the electric motor (16) is coupled, thereof and the first and second electric motor (15, 16) couplable parts (via connecting/disconnecting device 14; [0067]) are located between two of the supportable parts (bolt 83, [0050]) separated from each other (fig. 2) in the longitudinal direction (fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the engine-motor interface of the Kuroki to include the first and second electric-motor-couplable parts as taught by Nomura, positioned between longitudinally spaced supportable portions of the engine. Providing multiple coupling locations for an electric motor is a well-known design practice used to increase mounting rigidity, distribute load, and improve alignment between the motor output shaft and engine’s speed-reduction or crankshaft axis. The use of the first motor- couplable parts at a front portion of the motor is merely the application of a known structural element- namely, a forward motor mounting boss or flange – commonly employed in hybrid power units. The addition of a second couplable parts at a rear end yields the predictable benefit of further constraining the motor in the longitudinal direction and reducing vibration. The claimed configuration represents no more than the predictable use of known motor-mounting techniques to achieve improved structural support, and therefore claim 4 is unpatentable over the combination of the cited references.
Regarding claim 13, Kuroki further disclose that the engine (120), a second electric motor (63) coupled at the rear end (fig. 8) and a second electric motor (63) couplable part (112, 114; [0049]) at which the electric motor (63) is coupled (via 10) at a rear portion thereof; the second electric motor (63) couplable part (112, 114) is arranged on a rear end portion (fig. 8) of the top surface of the crankcase (134b, [0062]) but silent on the engine that includes a first electric motor couplable part at which the electric motor is coupled at a front portion thereof, the first electric motor couplable part is arranged on a portion of a top surface of the crankcase, which portion adjoins the cylinder; however,
Nomura teaches that the engine (7, [0034]) includes a first electric motor (16, fig. 6; [0049]) couplable part (via connecting/disconnecting device 14; [0067]) at which the electric motor (16) is coupled at a front portion (fig. 7b) thereof, the first electric motor (16) couplable part (via 14) is arranged on a portion of a top surface ([0049], fig. 7) of the crankcase (24, [0036]), which portion adjoins the cylinder (21, [0036]).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the engine-motor interface of the Kuroki to include the engine that includes a first electric motor couplable part at which the electric motor is coupled at a front portion thereof, the first electric motor couplable part is arranged on a portion of a top surface of the crankcase, which portion adjoins the cylinder as taught by Nomura in order to advantageously obtain dual motor configuration system where the engine that includes a first electric motor couplable part at which the electric motor can be coupled at a front portion, such that the rotational drive force whose speed is reduced with a reduction ratio corresponding to a predetermined shift gear pair is outputted from the counter shaft. The shift motion by the speed change motor can be automatically executed based on the information such as the engine speed, vehicle speed, throttle opening, and can also be optionally executed by operation of a shift switch [ para. 0049 of Nomura]. The claimed configuration represents no more than the predictable use of known motor-mounting techniques to achieve improved structural support, and therefore claim 13 is unpatentable over the combination of the cited references.
Regarding claim 16, Kuroki discloses that a saddle-riding vehicle (“a hybrid saddle-type vehicle”, figs. 1-8 and [0030]) comprising:
front and rear wheels (“a front wheel WF”, “a rear wheel WR”; [0030]);
a power unit (120, [0061]) including an engine (120. Fig. 8) which is located between the front and rear wheels (WF and WR, fig. 8) and produces drive power (“drive power”; [0006, lines 1-6], and an electric motor (63, [0040]) which is secured to the engine (1200 and produces drive power [ para. 0043 teaches: “the electric motor 63 is disposed on the other side (right side in fig. 4) of the swing arm 7 in the widthwise direction of the vehicle, and transmits the driving force to the drive shaft 52 of the rear wheel WR and see fig. 8 where engine 120 and motor 63 are housed together]; and
a vehicle body frame (2) supporting the power unit (120), at opposite sides of the electric motor (fig. 8 where 120 and 63 are positioned at opposite sides) in a longitudinal direction (figs. 7 and 8 shows in longitudinal direction) of the vehicle, wherein the engine (120) includes: a crankshaft (150) extending in the vehicle widthwise direction (fig. 8); a crankcase (134b, [0062]) in which the crankshaft (150) is housed; a cylinder (“cylinder”; [0061]) projecting upwards (fig. 2) from the crankcase (134b);
and a cylinder head (head of cylinder 22) present above the cylinder (9) [0042],
the electric motor (63) is arranged rearwards of the cylinder and upwards of the crankcase [ para. 0031 teaches: “the body frame 2 includes a pair of left and right main frames 10 branched in a right and left direction from the head pipe 3s and extending backward and obliquely downward, a pair of left and right pivot plates 11 connected to a rear portion of the main frame 10, The engine E is supported below the main frame 10, thus, the cylinder head projecting upwards from the crankcase.],
the crankcase (134b) has a top surface which is formed in a curvilinear shape (see annotated fig. 8 above) with a downward concavity (see annotated fig. 8 above) defined in a conforming manner to an external shape of the electric motor (63),
the second electric motor (63) couplable part (112, 114) is arranged on a rear end portion (fig. 8) of the top surface of the crankcase (134b, [0062]),
the vehicle body frame (2) supports the power unit (120) at a front position (fig. 8), which is located frontward of a front end of the casing of the electric motor (63), and at a rear position, which is located rearward of a rear end of the casing [ para. 0031 teaches: “the body frame 2 includes a pair of left and right main frames 10 branched in a right and left direction from the head pipe 3s and extending backward and obliquely downward, a pair of left and right pivot plates 11 connected to a rear portion of the main frame 10, The engine E is supported below the main frame 10, thus, the vehicle body frame (2) supports the power unit (120) at a front position, which is located frontward of a front end of the casing of the electric motor (63), and at a rear position, which is located rearward of a rear end of the casing.]
Kuroki teaches the engine, but Kuroki appeared to be silent on the limitation of the engine that includes a first electric motor couplable part as required by the claim; however,
Nomura teaches that the engine (7, [0034]) includes a first electric motor (16, fig. 6; [0049]) couplable part (via connecting/disconnecting device 14; [0067]) at which the electric motor (16) is coupled at a front portion (fig. 7b) thereof, a second electric motor (15, [0051]) couplable part (14) at which the electric motor (15) is coupled at a rear portion (fig. 2) thereof, the first electric motor (16) couplable part (via 14) is arranged on a portion of a top surface ([0049], fig. 7) of the crankcase (24, [0036]), which portion adjoins the cylinder (21, [0036]).
Therefore, it would have been obvious to one of ordinary skill in the art, at the time of the invention, to modify the engine-motor interface of the Kuroki to include the engine that includes a first electric motor couplable part at which the electric motor is coupled at a front portion thereof, and is arranged on a portion of a top surface of the crankcase, which portion adjoins the cylinder, as taught by Nomura in order to advantageously obtain dual motor configuration system where the engine that includes a first electric motor couplable part at which the electric motor can be coupled at a front portion, such that the rotational drive force whose speed is reduced with a reduction ratio corresponding to a predetermined shift gear pair is outputted from the counter shaft. The shift motion by the speed change motor can be automatically executed based on the information such as the engine speed, vehicle speed, throttle opening, and can also be optionally executed by operation of a shift switch [ para. 0049 of Nomura]. The claimed configuration represents no more than the predictable use of known motor-mounting techniques to achieve improved structural support, and therefore claim 16 is unpatentable over the combination of the cited references.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20140345827 A1 to Matsuda discloses A straddle electric vehicle comprises a battery case accommodating a Battery which is an electric power supply for an electric motor; an inverter which converts DC power stored in the battery into AC power and supplies the AC power to the electric motor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIN KUMAR SHARMA whose telephone number is (703)756-4619. The examiner can normally be reached Mon - Friday: 8:00am - 5 PM EST.
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, Koppikar, Vivek can be reached on (571) 272-5109. 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.
/NABIN KUMAR SHARMA/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
May 19, 2026
Prosecution Insights