DETAILED ACTION
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 § 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.
Claims 1-3, 6-9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Shirasuna et al. US 20210001953 A1 in view of Soatti et al. US 20230242206 A1
Regarding independent claim 1, Shirasuna et al. discloses [a straddle electric vehicle 1 comprising:
a vehicle body frame 10;] (Fig. 1; Paragraph 0025)
[an electric motor 31 including a motor driving shaft 311 that outputs driving force by which a rear wheel RW is driven;] (Fig. 1 and 4; Paragraph 0056)
[a speed reducer that reduces a speed of the driving force of the motor driving shaft;] (Paragraph 0057)
[an output shaft 322 to which the driving force is transmitted from the speed reducer;] (Paragraph 0057)
[an endless loop 23 through which the driving force is transmitted from the output shaft to a rear wheel;] (Fig. 1; Paragraph 0034) and
[a motor case 10a accommodating the electric motor and the output shaft,] (Fig. 1; Paragraph 0037) wherein
[the motor driving shaft is located in front of and under the output shaft.] (Fig. 4; As shown in Fig. 4, Shirasuna et al. illustrates wherein the motor driving shaft 311 is positioned in front of and under the output shaft 322.)
[the vehicle body frame 10 includes a pivot frame 124 with which a swing arm 19 supporting the rear wheel RW is in connection through a pivot shaft 125;] (Fig. 1; Paragraph 0034)
[the motor case includes an upper-rear fixing portion 128 and a lower-rear fixing portion 129 which are fixed to the pivot frame;] (Fig. 1; Paragraph 0046) and
[the pivot frame includes a pair of vertical frames that are lined up in a left- right direction and extend in an upper-lower direction;] (Fig. 2-3; As shown in Fig. 2-3; Shirasuna illustrates a pair of vertical frames that are lined up in a left- right direction and extend in an upper-lower direction.) [a rear suspension 21, wherein: the vehicle body frame includes an upper suspension bracket and a lower suspension bracket;] (Annotated Fig. 1; As shown in the annotation of Fig. 1 below, Shirasuna et al. illustrates a rear suspension 21, wherein: the vehicle body frame includes an upper suspension bracket and a lower suspension bracket.)
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Annotated Fig. 1 of Shirasuna et al.
Shirasuna et al. does not disclose an interval between the pair of vertical frames in the left-right direction is smaller than a dimension of the motor case in the left-right direction.
Soatti et al. teaches [an interval between the pair of vertical frames in the left-right direction is smaller than a dimension of the motor case in the left-right direction;] (Fig. 3; A shown in Fig. 3, Soatti illustrates wherein an interval between the pair of vertical frames in the left-right direction is smaller than a dimension of the motor case in the left-right direction.) [wherein a first vertical frame of the pair of vertical frames which is located on a left side of the pair is located rightward of a left end of the motor case,] (Fig. 3-5) and [a second vertical frame of the pair of vertical frames which is located on a right side of the pair is located leftward of a right end of the motor case;] (Fig. 3-5) wherein [the motor case is located in a height range between a height of an upper end of the rear suspension and a height of a lower end of the rear suspension;] (Fig. 1; A shown in Fig. 1 of Soatti et al., the motor case is between the upper end and lower end of the rear suspension.)
[the upper-rear fixing portion of the motor case is adjacently located in front of the upper suspension bracket; and the lower-rear fixing portion of the motor case is adjacently located in front of the lower suspension bracket.] (Annotation of Fig. 1; As shown in the annotation of Fig. 1 below, Soatti et al. illustrates the upper fixing portion 92 of the motor case is adjacently located in front of upper suspension bracket and the lower fixing portion 93 is adjacently located in front of the lower suspension bracket.)
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Annotated Fig. 1 of Soatti et al.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the rear suspension, frame, and motor case arrangement of Soatti et al. with the straddle electric vehicle of Shirasuna et al. with a reasonable expectation of success because it would allow for a more compact housing of the motor case within the vehicle body frame, thus reducing the overall width of the vehicle and improving space efficiency.
Regarding claim 2, Shirasuna et al., as modified, further discloses wherein:
[the motor driving shaft 311, the output shaft 322, and the pivot shaft are located lower than the upper-rear fixing portion and higher than the lower-rear fixing portion.] (Fig. 1 and 4 of Shirasuna et al.; As shown in Fig. 1 and 4, Shirasuna et al. illustrates wherein the motor driving shaft 311, the output shaft 322, and the pivot shaft are located lower than the upper-rear fixing portion 128 and higher than the lower-rear fixing portion 129.)
Regarding claim 3, Shirasuna et al., as modified, further discloses wherein:
[the motor case includes three fixing portions 128, 129, 133 fixed to the vehicle body frame;] (Annotated Fig. 4 of Shirasuna et al.; As shown in the annotation of Fig. 1 below, Shirasuna et al. illustrates wherein the motor unit includes three fixing portions fixed to the vehicle body frame.) and
[in a side view of the vehicle, the motor driving shaft and the output shaft are located inside a virtual triangle defined by connecting the three fixing portions.] (Annotated Fig. 4 of Shirasuna et al.; As shown in the annotation of Fig. 4 below, Shirasuna et al. illustrates the motor driving shaft and the output shaft being located inside a virtual triangle defined by connecting the three through-holes 301, 302, 303 of the fixing portions, in a side view.)
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Annotated Fig. 4 of Shirasuna et al.
Regarding claim 6, Shirasuna et al., as modified, further discloses wherein:
[in a side view of the vehicle, the pivot frame has a shape that curves along a rear surface of the electric motor.] (Fig. 1; As shown in Fig. 1, Shirasuna et al. illustrates wherein the pivot frame 124 has a shape that curves along a rear surface of the electric motor 31.)
Regarding claim 7, Shirasuna et al., as modified, already discloses all of the claimed limitations, including the rear suspension configuration recited in the rejection of claim 1 above.
Regarding claim 8, Shirasuna et al., as modified, further discloses [an engaging rotating body 323 which is fixed to the output shaft 322 and with which the endless loop engages 23,] (Fig. 1 and 4 of Shirasuna et al.; Paragraph 0034 of Shirasuna et al.) wherein
[in a side view of the vehicle, the motor case includes an engaging rotating body cover covering the engaging rotating body.] (Fig. 1 of Shirasuna et al.; Paragraph 0037 of Shirasuna et al.; Shirasuna et al. discloses that a housing portion 10a encompasses the battery 16, the motor unit 30, and the control unit 40. Therefore, since the engaging rotating body 323 is a part of the motor unit, Shirasuna et al. inherently discloses that the housing portion 10a covers the engaging rotating body 323.)
Regarding claim 9, Shirasuna et al., as modified, already discloses all of the claimed limitations, including the vertical frame configuration recited in the rejection of claim 1 above.
Regarding claim 11, Shirasuna et al., as modified, further discloses all of the claimed limitations, including [wherein the motor case includes a case main body having a cylindrical shape, in a side view of the vehicle,] (Fig. 5 of Shirasuna et al.; As shown in Fig. 5, Shirasuna et al. illustrates wherein the housing portion 10a has a main body 30 of the motor unit with a cylindrical shape.) [the pivot frame has a shape that curves along a rear surface of the case main body,] (Fig. 1 of Shirasuna et al.; As shown in Fig. 1, Shirasuna et al. illustrates wherein the pivot frame 124 curves along the shape of the main body of the motor case 30.) and [the upper-rear fixing portion is located higher than and in front of the lower-rear fixing portion.] (Annotated Fig. 4 of Shirasuna et al.; As shown in the annotation of Fig. 4 above, Shirasuna et al. illustrates wherein the upper-rear fixing portion is located higher than and in front of the lower-rear fixing portion.)
Regarding claim 12, Shirasuna et al., as modified, further discloses all of the claimed limitations, including [wherein the interval between the pair of vertical frames in the left-right direction is smaller than an interval between a pair of front-end supporting portions of the swing arm in the left-right direction,] (Fig. 2-3 of Shirasuna et al.; A shown in Fig. 2-3, Shirasuna et al. illustrates the interval between the pair of vertical frames in the left-right direction being smaller than an interval between a pair of front end supporting portions of the swing arm 19 in the left-right direction) and [the pair of front end supporting portions are in connection with the pivot frame through the pivot shaft so as to be turnable.] (Fig. 1-3 of Shirasuna et al.; Paragraph 0034 of Shirasuna et al.)
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shirasuna et al. and Soatti et al. and in view of Futamata et al. US 20200172196 A1.
Regarding claim 4, Shirasuna et al., as modified discloses [a battery case 10a accommodating a battery 16.] (Fig. 1; Paragraph 0037)
Shirasuna et al. does not disclose wherein the battery case is located in front of the motor case; and a lower end of the battery case is located lower than an upper end of the motor case.
Futamata et al. teaches [wherein the battery case is located in front of the motor case; and a lower end of the battery case is located lower than an upper end of the motor case.] (Fig. 1; As shown in Fig. 1, Futamata et al. illustrates wherein the battery case 61 is located in front of the motor case 40; and a lower end of the battery case 61 is located lower than an upper end of the motor case 40.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the battery case positioning of Futamata et al. with the straddle electric vehicle of Shirasuna et al., as modified, with a reasonable expectation of success because it would allow for improved spatial arrangement and weight balance of the vehicle components, thus enabling a more compact structure and lower center of gravity.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Shirasuna et al. and Soatti et al. and in view of Mimura et al. WO 2010109970 A1 (page/line numbering used for foreign references below corresponds to the machine-translation preceding the original patent, as attached to the present Office Action – note page numbers of the translation are marked as TP-1, TP-2, etc.).
Regarding claim 5, Shirasuna et al., as modified, does not disclose wherein in a side view of the vehicle, the speed reducer overlaps the electric motor.
Mimura et al. teaches [wherein in a side view of the vehicle, the speed reducer overlaps the electric motor.] (Fig. 3; As shown in Fig. 3, Mimura et al. illustrates wherein in a side view of the vehicle, a speed reduction gear 46 overlaps the electric motor 50.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the motor case and speed reduce configuration of Mimura et al. with the straddle electric vehicle of Shirasuna et al., as modified, with a reasonable expectation of success because it would allow for a more compact and space-efficient layout, thus reducing the longitudinal size of the power unit and improving packaging efficiency within the vehicle frame.
Claims 10 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Shirasuna et al. and Soatti et al. and in view of Miyashiro et al. US 20160280306 A1.
Regarding claim 10, Shirasuna et al., as modified, further discloses [wherein the motor case 10a includes: a case main body 30;] (Fig. 5 of Shirasuna et al.; As shown in Fig. 5, Shirasuna et al. illustrates wherein the housing portion 10a has a main body 30 of the motor unit.) [the upper-rear fixing portion 128 and the lower-rear fixing portion 129 are located on the case main body,] (Fig. 5; Paragraph 0046-0047) and [the upper-rear fixing portion and the lower-rear fixing portion are located rightward of a left end of the motor case and leftward of a right end of the motor case.] (Fig. 5; Paragraph 0046-0047)
Shirasuna et al. does not disclose a left cover located on a left side of the case main body; and a right cover located on a right side of the case main body.
Miyashiro et al. teaches [a left cover CL located on a left side of the case main body; and a right cover CR located on a right side of the case main body.] (Paragraph 0051)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the left and right motor covers of Miyashiro et al. with the straddle electric vehicle of Shirasuna et al., as modified, with a reasonable expectation of success because it would allow for protection and enclosure of internal components on lateral sides of the case main body, thus improving durability, protection, and structural efficiency.
Regarding independent claim 14, Shirasuna et al. discloses [a straddle electric vehicle 1 comprising:
a vehicle body frame 10;] (Fig. 1; Paragraph 0025)
[an electric motor 31 including a motor driving shaft 311 that outputs driving force by which a rear wheel RW is driven;] (Fig. 1 and 4; Paragraph 0056)
[a speed reducer that reduces a speed of the driving force of the motor driving shaft;] (Paragraph 0057)
[an output shaft 322 to which the driving force is transmitted from the speed reducer;] (Paragraph 0057)
[an endless loop 23 through which the driving force is transmitted from the output shaft to a rear wheel;] (Fig. 1; Paragraph 0034) and
[a motor case 10a accommodating the electric motor and the output shaft,] (Fig. 1; Paragraph 0037) wherein
[wherein the motor case includes: a case main body 30;] (Fig. 5 of Shirasuna et al.; As shown in Fig. 5, Shirasuna et al. illustrates wherein the housing portion 10a has a main body 30 of the motor unit.); and [a fixing portion located on the case main body and fixed to the vehicle body frame 10,] (Fig. 5; Paragraph 0046-0047) and [the fixing portion is located rightward of a left side of the motor case and leftward of a right side of the motor case.] (Fig. 5; Paragraph 0046-0047)
Shirasuna et al. does not disclose a left cover located on a left side of the case main body; and a right cover located on a right side of the case main body.
Miyashiro et al. teaches [a left cover CL located on a left side of the case main body; and a right cover CR located on a right side of the case main body.] (Paragraph 0051)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the left and right motor covers of Miyashiro et al. with the straddle electric vehicle of Shirasuna et al. with a reasonable expectation of success because it would allow for protection and enclosure of internal components on lateral sides of the case main body, thus improving durability, protection, and structural efficiency.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Shirasuna et al. and Soatti et al. and in view of Usa US 20200070925 A1.
Regarding claim 13, Shirasuna et al., as modified, does not disclose wherein the pivot frame includes a pivot support pipe which extends in the left-right direction and into which the pivot shaft is inserted, and the pivot support pipe is located on the pair of vertical frames and projects toward both sides in the left-right direction beyond the pair of vertical frames.
Usa teaches wherein [the pivot frame includes a pivot support pipe which extends in the left-right direction and into which the pivot shaft is inserted,] (Fig. 4; Paragraph 0096; As shown in Fig. 4, Usa illustrates the pivot frame 60 including a pivot support pipe 62 for a pivot shaft 27 to be inserted into.) and [the pivot support pipe is located on the pair of vertical frames and projects toward both sides in the left-right direction beyond the pair of vertical frames.] (Fig. 4; Paragraph 0101; As shown in Fig. 4, Usa illustrates the pivot support pipe 62 being located on the pair of vertical frames and projects toward both sides in the left-right direction beyond the pair of vertical frames.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the pivot support pipe of Usa with the straddle electric vehicle of Shirasuna et al., as modified, with a reasonable expectation of success because it would allow for improved support and alignment of the pivot shaft within the pivot frame, thus enhancing structural rigidity and load distribution at the swing arm connection while maintaining a stable and durable mounting configuration.
Response to Arguments
Applicant’s amendment filed 01/16/2026 (hereinafter Response) including claim amendments have been entered. Examiner notes that claims 1-4 and 6-7 have been amended. In light of amendments, all objections have been withdrawn.
Applicant's arguments filed 01/16/2026 have been fully considered but they are not persuasive.
Applicant argues (Page 2, lines 10-27) that Shirasuna et al. fails to disclose “the motor case includes an upper-rear fixing portion and a lower-rear fixing portion which are fixed to the pivot frame,” and “an interval between the pair of vertical frames in the left-right direction is smaller than a dimension of the motor case in the left-right direction,’ and further contends that Shirasuna teaches a configuration in which the frame portions are located outside the motor case, thereby increasing vehicle size, and provides no motivation to modify such configuration. This argument is not persuasive. Shirasuna et al. discloses a vehicle body frame including a pivot frame that supports a swing arm through a pivot shaft, as well as a motor case fixed to the frame through fixing portions (Fig. 1 of Shirasuna et al.; Paragraph 0046 of Shirasuna et al.). While Shirasuna may not explicitly disclose the claimed dimensional relationship between the vertical frames and the motor case, the claim recites relative spatial arrangement. Soatti et al. explicitly teaches the claimed configuration wherein the interval between the pair of vertical frames is smaller than the width of the motor case, such that the vertical frames are positioned inward relative to the lateral ends of the motor case (Fig. 3-5 of Soatti et al.). It would have been obvious to one of ordinary skill in the art to incorporate the spatial arrangement of Soatti et al. into the vehicle of Shirasuna et al. because doing so would achieve a more compact housing of the motor case within the vehicle body frame, thus reducing the overall width of the vehicle and improving space efficiency.
Applicant argument (Page 2, lines 17-27) that Shirasuna teaches a wider configuration does not preclude modification. A prior art reference is not limited to its preferred embodiment, and it is proper to modify known structures to obtain predictable results. The claimed limitation merely represents an optimization of component placement to achieve a known benefit (compactness), which would have been within the level of ordinary skill in the art.
Conclusion
THIS ACTION IS MADE FINAL. 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 Mohamed Medani whose telephone number is (703)756-1917. The examiner can normally be reached Monday - Friday, 8:30 am - 5:30 pm.
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/Mohamed M Medani/Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
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