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 .
Preliminary Amendment
Receipt of the preliminary amendment filed 05/05/2023 is acknowledged. This amendment cancelled claim 16, amended claims 1-15 and 17-21 and replaced the abstract.
Claim Objections
Claim 18 is objected to because of the following informalities: In line 6, the phrase “the one or or more” is grammatically incorrect. Appropriate correction is required.
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.
Claims 1-15 and 17-21 are 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.
The use of the word “type” in claim 1 “kicksled type”; claim 11 “low pressure -type” and “snow tyre -type” makes these claims indefinite. The addition of the word "type" to an otherwise definite expression (e.g., Friedel-Crafts catalyst) extends the scope of the expression so as to render it indefinite. Ex parte Copenhaver, 109 USPQ 118 (Bd. Pat. App. & Inter. 1955). See also MPEP 2173.05(b)(III)(E).
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 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, 3, 11-12, 14-15 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Winchell (US 4,087,106), as cited by Applicant.
With respect to claim 1, Winchell discloses a snow vehicle (fig. 9) comprising: a pair of runners (146, 148) configured to support the snow vehicle (fig. 9) travelling over snow and/or ice (col. 7, lines 34-37); an electric motor (178); and a traction wheel (158), powered by the electric motor (178), and configured to cause a propulsion for the snow vehicle (fig. 9) while rolling in contact with the snow and/or the ice, wherein the traction wheel (158) is positioned in front of the pair of runners (146, 148) and the snow vehicle is of a kicksled type. (Figs. 1-17, col. 3, lines 54-68, cols. 4-11, col. 12, lines 1-29.)
With respect to claim 3, Winchell discloses the pair of runners (146, 148) comprise a pair of skis (fig. 9) dimensioned to glide the snow vehicle (fig. 9) over a compressed trail covered by the snow and/or the ice, and over a cared road covered by the snow and/or the ice (col. 7, lines 34-37). (Figs. 1-17, col. 3, lines 54-68, cols. 4-11, col. 12, lines 1-29.) In addition, regarding the recitation “dimensioned to glide the snow vehicle over a compressed trail covered by the snow and/or the ice, and over a cared road covered by the snow and/or the ice” see MPEP 2114 — A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim; in the instant case the structure in Winchell is capable of performing the recited limitation.
With respect to claim 11, Winchell discloses the traction wheel is of the low pressure -type, and/or the traction wheel (158) is of the snow tyre-type (col. 7, lines 42-45), and/or the traction wheel comprises studs. (Figs. 1-17, col. 3, lines 54-68, cols. 4-11, col. 12, lines 1-29.)
With respect to claim 12, Winchell discloses the electric motor (178) comprises a disconnect mechanism (col. 4, lines 4-9) to disconnect the electric motor (178) from the traction wheel (158) enabling the traction wheel (158) to freewheel while the snow vehicle (fig. 9) is powered by the driver kicking the snow and/or the ice by foot (col. 10, lines 54-60). (Figs. 1-17, col. 3, lines 54-68, cols. 4-11, col. 12, lines 1-29.)
With respect to claim 14, Winchell discloses the pair of runners (146, 148) is configured to accommodate a toboggan configured to transport one or more persons and/or goods. (Figs. 1-17, col. 3, lines 54-68, cols. 4-11, col. 12, lines 1-29.) In addition, regarding the recitation “configured to accommodate a toboggan configured to transport one or more persons and/or goods” see MPEP 2114 — A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim; in the instant case the structure in Winchell is capable of performing the recited limitation.
With respect to claim 15, Winchell discloses a frame of the snow vehicle (fig. 9) comprises one or more joints (fig. 6) configured so that the snow vehicle (figs. 6, 9) is collapsible for storage and transport (col. 6, lines 46-57). (Figs. 1-17, col. 3, lines 54-68, cols. 4-11, col. 12, lines 1-29.)
With respect to claim 20, Winchell discloses the snow vehicle (100) is configured to accommodate a mobility aid vehicle. (Figs. 1-17, col. 3, lines 54-68, cols. 4-11, col. 12, lines 1-29.) In addition, regarding the recitation “configured to accommodate a mobility aid vehicle” see MPEP 2114 — A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim; in the instant case the structure in Winchell is capable of performing the recited limitation.
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 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.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Winchell in view of Porter (US 2,400,132).
With respect to claim 2, Winchell is silent regarding the pair of runners are each configured to incline so that a front of the runner is higher than a rear of the runner. Porter teaches of the pair of runners (47) are each configured to incline so that a front of the runner is higher than a rear of the runner (fig. 2). (Figs. 1-7, pages 2-3.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Porter into the invention of Winchell with a reasonable expectation of success in order to efficiently ride over the snow. (Page 3, col. 2, lines 24-27.)
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Winchell in view of Robillard (US 10,059,362), as cited by Applicant.
With respect to claim 10, Winchell is silent regarding tires coupled to the runners. Robillard teaches of the snow vehicle (20) comprises at least two tyres (110, 112; col. 6, lines 7-27) coupled with the pair of runners (106 for left and right; col. 5, lines 41-67, col. 6, lines 1-6) and configured to, in a drive position, be height adjustable (figs. 2-6 showing a raised position, col. 6, lines 7-28; abstract) and support the snow vehicle (20) travelling over a surface (G) having no snow and/or ice or having the snow and/or the ice covered with gravel, and, in a storage position, let the pair of runners (106 for left and right; col. 5, lines 41-67, col. 6, lines 1-6) to support the snow vehicle (20) travelling over the snow and/or ice. (Figs. 1-15, col. 4, lines 27-67, cols. 5-12, col. 13, lines 1-7.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Robillard into the invention of Winchell with a reasonable expectation of success in order to provide a snowmobile that can be adjusted for operation of the snowmobile in different riding conditions while not causing premature wear when riding on surfaces that are not covered with snow or ice. (Col. 1, lines 35-40.)
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Winchell in view of Kirkpatrick (US 2003/0127266).
With respect to claim 13, Winchell is silent regarding reversing the motor. Kirkpatrick teaches of the electric motor (20) is configured to rotate the traction wheel (42) in reverse to back up the snow vehicle (10). (Fig. 1, paragraphs 27-37.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Kirkpatrick into the invention of Winchell with a reasonable expectation of success in order to appropriately put the vehicle in reverse. (Paragraphs 36-37.)
Claims 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Winchell in view of Townsend (US 2002/0170763).
With respect to claims 17-18, Winchell discloses the snow vehicle (fig. 9) comprises: a steering arrangement comprising a steering axle (fig. 9) coupled with the traction wheel (158), a steering wheel (160) coupled with the steering axle (122) and configured and positioned to enable steering of the traction wheel (108) while a driver is standing on the pair or runners (146, 148). (Figs. 1-17, col. 3, lines 54-68, cols. 4-11, col. 12, lines 1-29.) Winchell discloses a steering wheel in the fig. 9 embodiment but in another embodiment in fig. 6, discloses the steering arrangement is a handlebar-level steering bar (26). Because both Winchell (fig. 6) and Winchell (fig. 9) teach methods of steering the vehicle, it would have been obvious to one skilled in the art at the time the invention was filed to substitute one method (steering wheel) for the other (handle bar steering bar) to achieve the predictable result of steering the vehicle. Winchell, as modified, further discloses an attachment mechanism (30) configured to accommodate in front of the steering axle an accessory, the accessory comprising one or more of the following: a passenger seat, a storage box, a cool box, a heat box, a music player, a snow plough, a snowblower, one or more extra rechargeable batteries (col. 4, lines 1-2). (Figs. 1-17, col. 3, lines 54-68, cols. 4-11, col. 12, lines 1-29.) In addition, regarding the recitation “configured to accommodate in front of the steering axle an accessory, the accessory comprising one or more of the following: a passenger seat, a storage box, a cool box, a heat box, a music player, a snow plough, a snowblower, one or more extra rechargeable batteries” see MPEP 2114 — A claim containing a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim; in the instant case the structure in Winchell is capable of performing the recited limitation. Winchell is silent regarding rechargeable batteries. Townsend teaches of rechargeable batteries (58; paragraph 45) configured to provide electric power (paragraph 48) to the electric motor (102), a power output (paragraph 48) configured to provide electric power for the accessory (cool box 120) from the one or more rechargeable batteries (paragraph 48). (Figs. 1-9, paragraphs 42-48.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Townsend into the invention of Winchell with a reasonable expectation of success in order to appropriately cool the motor. (Paragraph 48.)
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Winchell.
With respect to claim 19, Winchell is silent regarding a seat in fig. 9 but in another embodiment, teaches of a seat (134) positioned between the pair of trailing arms (56, 58) and configured to seat at least a driver. (Fig. 8, col. 6, lines 58-68, col. 7.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Winchell fig. 8 into the invention of Winchell fig. 9 with a reasonable expectation of success in order to appropriately support the vehicle operator. (Col. 6, lines 60-61.) By implementing the structure of Winchell fig. 8 into Winchell fig. 9; Winchell, as modified, discloses seat (134) positioned between the pair of runners (146, 148).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Winchell in view of Rott (US 2017/0137049).
With respect to claim 21, Winchell is silent regarding the pair of runners are each configured to extend from a vicinity of the traction wheel to a rear of the snow vehicle to offer a continuous footrest platform for the driver. Rott teaches of the pair of runners (91, 92) are each configured to extend from the front of the snow vehicle (10) to a rear of the snow vehicle (10) to offer a continuous footrest platform for the driver. (Figs. 1-7, paragraphs 17-40.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Rott into the invention of Winchell with a reasonable expectation of success in order to allowing the person to stand upright while operating the conveyance. (Paragraph 20.) By implementing the structure of Rott into Winchell; Winchell, as modified, discloses the pair of runners are each configured to extend from a vicinity of the traction wheel (158) to a rear of the snow vehicle (fig. 9).
Allowable Subject Matter
Claims 4-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 claimed structural features in claim 4 of the seat (114) positioned above the traction wheel (108) and configured to accommodate a person; and a steering arrangement comprising a steering axle (122) coupled with the traction wheel (108), a handlebar-level steering bar (124) coupled with the steering axle (122) and configured and positioned to enable steering of the traction wheel (108) while a driver is standing on the pair or runners (102, 104), and a seat-level steering bar (128) coupled with the steering axle (122) and configured and positioned to enable steering of the traction wheel (108) while a driver is sitting on the seat (114) were not found in the closest prior art of record Winchell (US 4,087,106). In addition the claimed structural features in claim 7 of a footrest (112) configured and positioned so that it acts as a front ski in contact with an upper surface (500) of the snow (150) while the traction wheel (108) is partly buried deeper in the snow (159) were not found in the closest prior art of record Winchell (US 4,087,106).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references cited on the PTO-892 form disclose similar features of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A ENGLISH whose telephone number is (571)270-7014. The examiner can normally be reached on Monday-Saturday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached on 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A ENGLISH/Primary Examiner, Art Unit 3614