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 .
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.
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 1-4, 9-12, 14, 17, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220315159 A1 ("Nishimura") in view of Motorcycle Swingarm Guard Swing Arm Protector ("Amazon").
Claim 1: Nishimura teaches a swingarm assembly for a two-wheel vehicle (10), comprising: a swingarm body (16) including first (41) and second side arms (42) extending in a longitudinal direction and a transverse cross member (43) connected to the first and second side arms, each side arm having a C-shaped cross-section open toward an outer lateral side (inner part 41D, 42D) (Fig. 6; para. 57, lines 1-5);
Nishimura does not teach a first cover attached to the outer lateral side of the first side arm and extending in the longitudinal direction, the first cover enclosing at least a portion of the C-shaped cross-section to form an enclosed first cavity delimited by an inner surface of the first side arm and an inner surface of the first cover; and a second cover attached to the outer lateral side of the second side arm and extending in the longitudinal direction, the second cover enclosing at least a portion of the C-shaped cross- section to form an enclosed second cavity delimited by an inner surface of the second side arm and an inner surface of the second cover.
However, Amazon teaches a first cover (swingarm protector, left; page 1) attached to the outer lateral side of the first side arm and extending in the longitudinal direction, the first cover enclosing at least a portion of the C-shaped cross-section to form an enclosed first cavity delimited by an inner surface of the first side arm and an inner surface of the first cover; and a second cover (swingarm protector, right; page 1) attached to the outer lateral side of the second side arm and extending in the longitudinal direction, the second cover enclosing at least a portion of the C-shaped cross- section to form an enclosed second cavity delimited by an inner surface of the second side arm and an inner surface of the second cover. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Amazon. One of ordinary skill in the art would have been motivated to do so as Amazon teaches a motorcycle swingarm protector that is built to go over your swingarm to provide coverage (About this item; page 1).
Claim 2: The cited prior art teaches the limitations of claim 1 as noted above. Nishimura further teaches the swingarm assembly, wherein the cross member (43) is arranged as an open boxed-shaped cross member (Fig. 7).
Claim 3: The cited prior art teaches the limitations of claim 1 as noted above. Nishimura further teaches the swingarm assembly, wherein the swingarm body is arranged as an integral cast component (Fig. 11; para. 92, lines 17-19).
Claim 4: The cited prior art teaches the limitations of claim 1 as noted above. Nishimura further teaches the swingarm assembly, wherein the swingarm body is arranged as a permanent mold cast component (Fig. 11; para. 81, lines 1-3).
Claim 9: The cited prior art teaches the limitations of claim 1 as noted above. Nishimura further teaches the swingarm assembly, wherein each of the first and second side arms (41, 42) includes a lug arranged at a first longitudinal end (45, 46) and adapted to mount the swingarm body (22) to a frame (11) of the vehicle (Figs. 1-3).
Claim 10: The cited prior art teaches the limitations of claim 1 as noted above. Nishimura further teaches the swingarm assembly, wherein each of the first and second side arms (41, 42) includes a wheel mount arranged (47, 48) at a second longitudinal end and adapted to mount a wheel (15) of the vehicle to the swingarm (Figs. 2-3).
Claim 11: The cited prior art teaches the limitations of claim 9 as noted above. Nishimura further teaches the swingarm assembly, wherein each of the first and second side arms (41,42) includes a wheel mount (47,48) arranged at a second longitudinal end located opposite the first longitudinal end (45,46) and adapted to mount a wheel of the vehicle to the swingarm (Figs. 1-3).
Claim 12: The cited prior art teaches the limitations of claim 1 as noted above. Nishimura further teaches the swingarm assembly, wherein the cross member includes a boss (44) adapted to attach the swingarm body to a shock absorber (35) of the vehicle (Figs 1 and 3).
Claim 14: The cited prior art teaches the limitations of claim 1 as noted above. Amazon further teaches the swingarm assembly, wherein the first and second covers are arranged as non-structural components of the swingarm assembly (covers made separately just for protection but not structure). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Amazon. One of ordinary skill in the art would have been motivated to do so as Amazon teaches a cover used for swingarms on motorcycles
Claim 17: The cited prior art teaches the limitations of claim 14 as noted above. Amazon further teaches the swingarm assembly, wherein the first and second covers are formed of a plastic material (PP material; page 1; about this item).
Claim 19: Nishimura teaches a two-wheel vehicle (10), comprising: a frame (11); and a swingarm assembly pivotably connected to the frame and including: a swingarm body (16) including first (41) and second side arms (42) extending in a longitudinal direction and a transverse cross member (43) connected to the first and second side arms, each side arm having a C-shaped cross-section open toward an outer lateral side (inner part 41D, 42D) (Fig. 6; para. 57, lines 1-5);
Nishimura does not teach a first cover attached to the outer lateral side of the first side arm and extending in the longitudinal direction, the first cover enclosing at least a portion of the C-shaped cross-section to form an enclosed first cavity delimited by an inner surface of the first side arm and an inner surface of the first cover; and a second cover attached to the outer lateral side of the second side arm and extending in the longitudinal direction, the second cover enclosing at least a portion of the C-shaped cross- section to form an enclosed second cavity delimited by an inner surface of the second side arm and an inner surface of the second cover.
However, Amazon teaches a first cover (swingarm protector, left; page 1) attached to the outer lateral side of the first side arm and extending in the longitudinal direction, the first cover enclosing at least a portion of the C-shaped cross-section to form an enclosed first cavity delimited by an inner surface of the first side arm and an inner surface of the first cover; and a second cover (swingarm protector, right; page 1) attached to the outer lateral side of the second side arm and extending in the longitudinal direction, the second cover enclosing at least a portion of the C-shaped cross- section to form an enclosed second cavity delimited by an inner surface of the second side arm and an inner surface of the second cover. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Amazon. One of ordinary skill in the art would have been motivated to do so as Amazon teaches a motorcycle swingarm protector that is built to go over your swingarm to provide coverage (About this item; page 1).
Claim 20: Nishimura teaches a method of manufacturing a swingarm assembly for a two-wheel vehicle, comprising: casting, by permanent mold casting (Fig. 11; para. 81, lines 1-3), a swingarm body (16) including first (41) and second side arms (42) extending in a longitudinal direction and a transverse cross member (43) connected to the first and second side arms, each side arm having a C-shaped cross-section open toward an outer lateral side (inner part 41D, 42D) (Fig. 6; para. 57, lines 1-5).
Nishimura does not teach attaching a first cover to the outer lateral side of the first side arm, the first cover extending in the longitudinal direction and enclosing at least a portion of the C-shaped cross-section to form an enclosed first cavity delimited by an inner surface of the first side arm and an inner surface of the first cover; and attaching a second cover to the outer lateral side of the second side arm, the second cover extending in the longitudinal direction and enclosing at least a portion of the C-shaped cross- section to form an enclosed second cavity delimited by an inner surface of the second side arm and an inner surface of the second cover.
However, Amazon teaches attaching a first cover (swingarm protector, left; page 1) to the outer lateral side of the first side arm, the first cover extending in the longitudinal direction and enclosing at least a portion of the C-shaped cross-section to form an enclosed first cavity delimited by an inner surface of the first side arm and an inner surface of the first cover; and attaching a second cover (swingarm protector, right; page 1) to the outer lateral side of the second side arm, the second cover extending in the longitudinal direction and enclosing at least a portion of the C-shaped cross- section to form an enclosed second cavity delimited by an inner surface of the second side arm and an inner surface of the second cover. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Amazon. One of ordinary skill in the art would have been motivated to do so as Amazon teaches a motorcycle swingarm protector that is built to go over your swingarm to provide coverage (About this item; page 1).
Claims 5 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220315159 A1 ("Nishimura") in view of Motorcycle Swingarm Guard Swing Arm Protector ("Amazon") and further in view of The Aluminum Casting Process and its Applications ("Yamaha").
Claim 5: The cited prior art teaches the limitations of claim 1 as noted above. But does not teach the swingarm assembly, wherein the swingarm body is formed of an aluminum alloy.
However, Yamaha teaches the swingarm assembly, wherein the swingarm body is formed of an aluminum alloy (aluminum; para. 3, lines 1-8). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Yamaha. One of ordinary skill in the art would have been motivated to do so as such a modification is merely the substitution of one known metal for another metal, and the results of such a substitution would have been predictable, namely, the swingarm body being formed of an aluminum alloy.
Claim 15: The cited prior art teaches the limitations of claim 13 as noted above. But does not teach the swingarm assembly, wherein the swingarm body is formed of an aluminum alloy.
However, Yamaha teaches the swingarm assembly, wherein the first and second covers are formed of an aluminum alloy (aluminum; para. 3, lines 1-8). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Yamaha. One of ordinary skill in the art would have been motivated to do so as such a modification is merely the substitution of one known metal for another metal, and the results of such a substitution would have been predictable, namely, the swingarm body being formed of an aluminum alloy.
Claim 6 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220315159 A1 ("Nishimura") in view of Motorcycle Swingarm Guard Swing Arm Protector ("Amazon") and further in view of Swingarm material ("Forum").
Claim 6: The cited prior art teaches the limitations of claim 1 as noted above. The cited prior art does not teach the swingarm assembly, wherein the swingarm body is formed of an A356-T6 aluminum alloy.
However, Forum teaches the swingarm assembly, wherein the swingarm body is formed of an A356-T6 aluminum alloy (A356; page 3, para. 1, line 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Forum. One of ordinary skill in the art would have been motivated to do so as such a modification is merely the substitution of one known metal for another metal, and the results of such a substitution would have been predictable, namely, the swingarm body being formed of an A356-T6 aluminum alloy.
Claim 7, 8, 13 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220315159 A1 ("Nishimura") in view of Motorcycle Swingarm Guard Swing Arm Protector ("Amazon") and further in view of US 20190291781 A1 ("Bierbaumer").
Claim 7: The cited prior art teaches the limitations of claim 1 as noted above. The cited prior art does not teach the swingarm assembly, wherein the first and second side arms include stiffening ribs arranged in the cavity
However, Bierbaumer teaches the swingarm assembly, wherein the first side arm (120 left) includes at least one stiffening rib arranged in the first cavity (Figs. 5; para. 48, lines 9-11), and the second side arm (120 right) includes at least one stiffening rib arranged in the second cavity (Figs. 5; para. 48, lines 9-11). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Bierbaumer. One of ordinary skill in the art would have been motivated to do so as Bierbaumer teaches a modification that would increase the load bearing capability of the side arms.
Claim 8: The cited prior art teaches the limitations of claim 7 as noted above. Bierbaumer further teaches the swingarm assembly, wherein the ribs are integral to the first and second side arms (Figs. 5; para. 48, lines 9-11).
Claim 13: The cited prior art teaches the limitations of claim 1. Nishimura does not teach the swingarm assembly, wherein the first and second covers are arranged as structural components of the swingarm assembly.
However, Bierbaumer further teaches the swingarm assembly, wherein the first and second covers (124) are arranged as structural components (reinforcing elements) of the swingarm assembly (Fig. 5; para. 49, lines 1-8). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Bierbaumer. One of ordinary skill in the art would have been motivated to do so as Bierbaumer teaches covers that are reinforcing elements due to being welded and taking on the main load direction. ( para. 49, lines 1-8 and para. 50, lines 1-9).
Claim 18: Nishimura teaches the limitations of claim 1 as noted above. Nishimura does not teach the swingarm assembly, wherein the first and second covers are permanently-connected to the swingarm body.
However, Bierbaumer further teaches the swingarm assembly, wherein the first and second covers (124) are permanently-connected (welded) to the swingarm body (Fig. 5; para. 49, lines 1-8). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Bierbaumer. One of ordinary skill in the art would have been motivated to do so as Bierbaumer teaches a modification that permanently connects the swingarm covers by welding them laterally to the swingarms.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over US 20220315159 A1 ("Nishimura") in view of Motorcycle Swingarm Guard Swing Arm Protector ("Amazon") and further in view of US 20190291781 A1 ("Bierbaumer") and Casting Materials Guide ("Guide").
Claim 16: The cited prior art teaches the limitations of claim 13 as noted above. The cited prior art does not teach the swingarm assembly, wherein the first and second covers are formed of an ADC3 aluminum alloy.
However, Guide teaches the swingarm assembly, wherein the first and second covers are formed of an ADC3 aluminum alloy (ADC3; page 1, para. 1, line 1-2). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Guide. One of ordinary skill in the art would have been motivated to do so as such a modification is merely the substitution of one known metal for another metal, and the results of such a substitution would have been predictable, namely, the covers being formed of an ADC3 aluminum alloy.
Response to Amendment
Applicant's arguments filed 1/12/2026 have been fully considered but they are not all persuasive. The rejections under 35 U.S.C. 112(b) have been overcome. However, the applicant alleges that the rejections under 35 U.S.C 102 and 103 are improper due to the dates on the NPLs and other arguments on the prior arts setting forth a prima facie case of unpatentability.
In regards to the dates of the NPL, below is the proper dates of the three in question, the information was from the Google NPL Search history but here it is in more detail with the specific dates shown below. The date for the amazon NPL has also been added on the reuploaded version of the NPL on page 5 showing March 19, 2019.
Applicant contends that Nishimura does not disclose each side arm having a C shaped cross-section open toward an outer lateral side. In annotated Fig. 6 below, a close up of the side arms is displayed, showing further clarification on what is meant by the C-shaped cross section in the prior art rejection. Thus, the applicant failed to provide persuasive arguments demonstrating why the original rejection of the claims had with the prior arts in mind was erroneous and how the prior arts failed to set a prima facie case of unpatentability. Accordingly, the rejection of the claims is maintained.
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Annotated Fig. 6
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Date for Aluminum Casting Process and its Applications ("Yamaha")
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Date for Casting Materials Guide ("Guide")
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.
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/A.R.C./Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614