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 .
DETAILED CORRESPONDENCE
This is in response to the papers filed 09/19/2023 and the election made on 11/06/2025 for Application No. 18/370,302. By the amendment, claims 1-26 are pending with claims 10-26 being withdrawn.
Election/Restrictions
Applicant's election with traverse of Group I, claims 1-9 in the reply filed on 11/06/2025 is acknowledged. The traversal is on the ground(s) that the applicant does not accede to the Examiner’s reasoning in the restriction requirement mailed 09/11/2025. However, all the inventions indicated in the restriction requirement are distinct, at least one subcombination is separately usable and they do not overlap in scope and are not obvious variants. There would be a serious search and examination burden if restriction were not required.
The requirement is still deemed proper and is therefore made FINAL.
Priority
Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
The information disclosure statements (IDSs’) received on 03/12/2024, 05/02/2024, 06/26/2024, 04/2025 have been considered by the examiner.
Claim Rejections - 35 USC § 102
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 1-8 are rejected under 35 U.S.C. §102(a)(1) as being anticipated by Bonk et al. (US 2021/0114654 A1, from IDS filed 05/02/2025).
Regarding claim 1, Bonk discloses a recreational vehicle (100), comprising:
a plurality of ground engaging members (110,112) comprising at least one front ground engaging member (110) and at least one rear ground engaging member (112);
a frame (102) supported by the plurality of ground engaging members, the frame comprising a front portion (106), a middle portion (104), and a rear portion (i.e., includes at least rear section 146 and rear suspension section 108);
a steering assembly (shown in figs. 1 and 3, not labeled) supported by the front portion, the steering assembly configured to steer at least one of the plurality of ground engaging members (110,112);
a first motor (paragraphs [0006] - [0007] and [0022], i.e., wheel motors integrated in wheel hub 110) supported by the front portion, the first motor configured to provide power to the at least one front ground engaging member and a second motor supported by the rear portion, the second motor (paragraphs [0006] - [0007] and [0022], i.e., wheel motors integrated in wheel hub 112) configured to provide power to the at least one rear ground engaging member; a battery assembly (fig. 3, paragraph [0023], batteries 117) supported by the middle portion, the battery assembly comprising at least a first battery (117); and
the middle portion (104) comprises a tub (fig. 3, paragraphs [0023] and [0024], i.e., includes the central portion 104 of the frame 102 defines a perimeter of an enclosable space for housing the batteries with panels) configured to support an operator of the recreational vehicle, the tub further configured to support the at least first battery (117), and the tub is configured to support the operator in both a seated position (par. [0031], i.e., the bent knees position is interpreted as a seated position) and a standing position (fig. 34; paragraphs [0019], [0021], [0024], [0030], [0036], i.e., via platform or footboard 105).
Regarding claim 2, Bonk discloses the recreational vehicle of claim 1, wherein the plurality of ground engaging members (110,112) comprises a front right ground engaging member (fig. 2, par. [0020], i.e., front right wheel mounted to wheel hub 110), a front left ground engaging member (fig. 2, par. [0020], i.e., front left wheel mounted to wheel hub 110), a rear left ground engaging member (fig. 2, par. [0020], i.e., rear left wheel mounted to wheel hub 112), and a rear right ground engaging member (fig. 2, par. [0020], i.e., rear right wheel mounted to wheel hub 112), and the first motor is configured to provide power to each of the front right ground engaging member and the front left ground engaging member and the second motor is configured to provide power to each of the rear right ground engaging member and the rear left ground engaging member (figs 1-3; paragraphs [0022]).
Regarding claim 3, Bonk discloses the recreational vehicle of claim 1, wherein the plurality of ground engaging members (figures 1-3; paragraph [0022]) comprises a front right ground engaging member, a front left ground engaging member, a rear left ground engaging member, and a rear right ground engaging member, and the first motor is a hub motor operably coupled to the front right ground engaging member, a third motor is a hub motor operably coupled to the front left ground engaging member, the second motor is a hubmotor operably coupled to the rear right ground engaging member, and a fourth motor is a hub motor operably coupled to the rear left ground engaging member (figs 1-3; paragraphs [0022], i.e., each of front and rear wheel hubs 110,112 includes an integrated electric hub motor that provides motive power to the vehicle 100).
Regarding claim 4, Bonk discloses the recreational vehicle of claim 1, wherein the tub comprises a base (fig. 34, paragraphs [0023] and [0024], i.e., the central portion 104 of the frame 102 defines a perimeter of an enclosed space with panels to house the power supply or batteries which includes a base or bottom panel, not labeled) and a cover (i.e., platform or footboard 105), the at least first battery configured to be supported by the base and the cover configured to conceal the first battery (paragraphs [0023] and [0024]; figs. 3, 34; i.e., the central portion 104 of the frame 102 defines a perimeter of an enclosable space with panels that can house the power supply (e.g. batteries) for powering the motors).
Regarding claim 5, Bonk discloses the recreational vehicle of claim 4, wherein the tub further comprises a support member extending upward from the base, the support member (see annotated Figure 1 below) configured to support the cover (105, fig. 34).
Regarding claim 6, Bonk discloses the recreational vehicle of claim 4, wherein the cover (105) is positioned on a top face of the tub (fig. 34).
Regarding claim 7, Bonk discloses the recreational vehicle of claim 4, wherein the cover (105) is positioned on a side face of the tub (see annotated Figure 34 below).
Regarding claim 8, Bonk discloses the recreational vehicle of claim 1, further comprising a second battery positioned within the tub (shown in fig. 3).
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bonk as applied to claim 1 above, and further in view of Lovley, II et al. (US 2015/0166138).
Bonk discloses the recreational vehicle of claim 1 includes the batteries and two rear wheel hub motors indicated above. However, Bonk does not specifically teach a wire or cable channel extending through the frame between the tub and the rear portion and an electrical wire communicates between the battery assembly and the second or rear motor. It is well recognized to a person skilled in the art to have an electrical wire or cable connected between a battery system and an electric motor for powering the electric motor.
Lovley, II teaches a similar electric scooter motor includes electrical wires (620, 622) configured to connect battery 610 and electric motor 400 and the wires or control wire can be partially/completely hidden from view or located within an interior portion of the steering tube channel. See Figure 21; paragraphs [0061], [0077], [0085]; claim 8.
It would have been obvious to one of an ordinary skill in the art before the effective filing date of the invention for the transport utility vehicle of Bonk, with a reasonable expectation of success, to further include a channel extending through the frame between the tub and the rear portion, and at least one electrical wire is configured to extend through the channel between the at least one battery and the second motor as taught by Lovley, II in order to provide power to the two rear motors. The electric motors would be inoperative if they are not connected to the battery unit to drive the recreational vehicle.
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Annotated Figure 1 Annotated Figure 34
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Schneider (US 10,864,958 B2) discloses a three wheeled stand-up or sit-down portable vehicle includes an electric motor and a removable battery positioned between the rear and front portion, see Figures 2 and 12; and
Hott et al. (US 3,603,609 A) discloses a standing/sitting vehicle having a drive mechanism includes an electric motor and a battery unit 24, see Figure 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tinh T Dang whose telephone number is (571)270-1776. The examiner can normally be reached Monday - Friday, 9AM - 5PM.
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/TINH T DANG/Primary Examiner, Art Unit 3655