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 .
Claims 10, 12, and 13 have been canceled.
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.
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.
Claim(s) 1-9, 11, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamaha (JP2020-080289) in view of Imamura et al. (EP2,123,548).
Regarding claim 1, Yamaha teaches an electric or hybrid rideable saddle vehicle (electric vehicle, see Figure 2B) comprising: - a rechargeable battery 50B which extends between a bottom portion and a head portion; - an electric or hybrid traction motor 4a which can be supplied by the rechargeable battery to deliver a traction torque; a rideable saddle 6; a storage container N placed below the saddle 6 (Figure 1); wherein the storage container comprises: a first housing seat N2 (Figure 2B, para [034]) which at least partially houses the rechargeable battery 50B so that the rechargeable battery can be inserted into, and extracted from, the first housing seat; a second housing seat N3, adapted and configured to house at least one helmet 91 (see Figure 1), having a first portion (upper portion) and a second portion (lower portion having an angled bottom wall); wherein: the second portion is arranged below the first portion and adjacent to the first housing seat N2
Yamaha is silent regarding the rideable saddle comprising a support base and a padding, and wherein the support base comprises a recess adapted and configured to receive partially an upper portion of a shell of the helmet where the recess extends into the thickness of the padding and is rounded and/or curved along a longitudinal direction. Figure 1 of Yamaha appears to show the seat 6 having a support base wherein the support base comprises a recess (at top end of helmet 91 in Figure 1) adapted and configured to partially receive said upper portion of the shell of the helmet 91 (see Figure 1), but is silent regarding padding and a recess extending into the thickness of the recess.
Imamura teaches a saddle vehicle having a rideable saddle 9 that forms the cover for a storage container 33 for a helmet H1 and a battery B (Figure 2). The saddle 9 can be moved between a closed configuration (Figure 15) and an opening configuration (para [0058], main seat 9a is supported by a hinge that allows the seat to open and close storage box 33). The rideable saddle 9 comprises a support base (bottom plate 35) and a padding (cushion 37; para [0057], Figure 18), and wherein the support base comprises a recess adapted and configured to receive partially an upper portion of a shell of the helmet H1 (Figure 15) where the recess extends into the thickness of the padding and is rounded and/or curved in the longitudinal direction of the vehicle; see Figure 15; the front seat portion 9a has a rounded concavity that seats front helmet H1). It is also old and well known to provide a padded cover on a motorcycle seat in order to promote the comfort of the rider.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the Yamaha seat with padding having a longitudinal rounded or curved recess that extends into the thickness of the padding, as taught by Imamura, with a reasonable expectation of success, in order to improve the comfort of the rider and secure the helmet inside of the helmet storage container.
Regarding claim 2, Yamaha teaches that a part of the second housing seat N3 not occupied by the head portion of the rechargeable battery 50B defines a space configured to house said helmet (see Figure 1) which at least partially accommodates the head portion therein (the helmet is not positively recited and the container is configure such that the helmet can accommodate, make space for, the head of a battery).
Regarding claim 3, Yamaha teaches the head portion (top end of battery 50B) of the rechargeable battery 50B at least partially protrudes into the second housing seat N3 (see Figures 1 and 2B).
Regarding claim 4, wherein the head portion of battery 50B comprises a gripping handle 53 (Figure 14) and wherein when the rechargeable battery is inserted into the first housing seat N2, the gripping handle at least partially protrudes into the second housing seat (top end of battery 50B and its handle extend out of seat N2 and into seat N3), see Figure 2B).
Regarding claim 5, the first housing seat N2 and the second housing seat N3 communicate with each other.
Regarding claim 6, the first housing seat N2 comprises an access opening (top end is open) which is crossable by the bottom portion (bottom of battery 50B) to insert the rechargeable battery 50B into the first housing seat, and wherein the first housing seat N2 and the second housing seat N3 communicate with each other through the access opening (see Figure 2B).
Regarding claim 7, the rechargeable battery 50B is slidingly insertable into, and extractable from, the first housing seat N2 by translation along a sliding axis (vertically slidable, see Figure 2B).
Regarding claim 8, the helmet is a jet helmet comprising a shell having a front open portion, two mutually opposite side portions, a rear portion, and an upper portion (see helmet 91 in Figure 1), wherein the front open portion is joined to the rear portion by means of the side portions, and wherein the upper portion is above the front open portion, the side portions, and the rear portion; the first portion of the second housing seat is adapted and configured to accommodate the front open portion of the shell (Yamaha shows a conventional helmet 91 that takes up more space than a jet helmet, so the space is configured such that a jet helmet, that is, a helmet without a built-in chin strap, would also fit in the space provided).
Regarding claim 9, Yamaha teaches the second portion of the second housing seat N3 is adapted and configured to accommodate at least partially the side portions of the shell (see Figure 1).
Regarding claim 11, Yamaha teaches a main body 7, 40, and wherein the rideable saddle 6 is hinged to the main body (see Figure 2B) to be rotated between two angular positions corresponding to the closing configuration and the opening configuration, respectively.
Regarding claim 16, Yamaha teaches the first housing seat N2 has a bottom portion arranged at a lower height with respect to the second portion (upper portion) of the second housing seat N3 (see Figure 2B).
Regarding claim 17, the first housing seat N2 extends into the vehicle 1 at a greater depth than the second housing seat N3 (see Figure 2B).
Regarding claim 18, Yamaha teaches a group of parts comprising an electric or hybrid rideable saddle vehicle 1, as discussed above, and a helmet 91 which can be housed in the second housing seat of the storage container.
Allowable Subject Matter
Claims 14 and 15 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9, 11, and 16-18 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Imamura is now relied upon to teach a seat having a recess into the thickness of the seat padding and rounded or curved along a longitudinal direction of the vehicle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO2020/186460 to TVS Motor Company and Yokouchi shows saddle vehicles having seats with longitudinally curved lower recesses accommodating the top end of a helmet.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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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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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/
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