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 § 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 1-22 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.
Claims 1-2 are indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to be secured”, given the fact that this phrase fails to describe any physical structure of the invention.
Claims 9 and 16 are indefinite due to the fact that it is unclear what is actually being claimed by the phrase “configured to secure”, given the fact that this phrase fails to describe any physical structure of the invention.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-5, 8-12, 14-19, 22-23, and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sibilleau (2017/0174276).
Per claim 1, Sibilleau shows a wear strip 100 with a body 102 formed of a first wear-resistant polymer, and a plurality of inserts 104-1 fastened therein such that the lower surfaces of the inserts 104-1 are exposed along a portion of the lower surface of the wear strip 100. The inserts 104-1 are formed of a second wear-resistance polymer that is more wear resistant and harder than the first polymer. Along a longitudinal length of the wear strip 100, a plurality of the inserts 104-1 occupy an area that is a collective plan-view of the exposed lower surfaces of the inserts 104-1.
Regarding claims 1, 9-10, and 16-17, Sibilleau does not disclose that a longitudinal portion of the wear strip 100 having the inserts 104-1 is occupied by the inserts 104-1 between 40-50 percent, or at between 40-44 percent of the lower surface of the inserts contact the clips. However, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to form the wear strip of Sibilleau in the above manner, dependent upon the desired amount of reinforcement required at specific locations of the track frame.
Per claim 2, the wear strip 100 secures to a rail beam 826 of a snowmobile. The rail beam 826 includes a straight rear portion and front portion that is angled with respect to the rear portion (See Figures 8-9). The portion of the wear strip 100 having the inserts 104-1 is located along the rear straight portion of the rail beam 826.
Per claim 3, the wear strip 100 defines a keyway (410-2, 408-2) for receiving the rail beam 826.
Per claims 4, 12, and 19, the first wear-resistant polymer (of the wear strip body 102) may be formed of an ultra-high molecular weight polymer with a molecular weight of at least 200,000 atomic mass units.
Per claims 5 and 12, the second wear-resistant polymer (of the inserts 104-1) may be formed of polybenzimdazole.
Per claims 8-9, as shown in Figure 4, the inserts 404-2 may be oriented such that the rearward end of one insert overlaps with and is rearward of the forward end of an adjacent insert. A majority of the second insert is positioned rearward of the first insert.
Per claim 11, as shown in Figure 1, the inserts 104-1 are positioned only along the rear portion of the wear strip 100. The rear portion is generally straight and would be parallel to a riding surface when installed.
Regarding claim 14, while not disclosed, it is well-known in the art, prior to the effective filing date of the claimed invention, for a snowmobile track to include drive engagement bars and track clips, with the clips interfacing with at least a portion of the wear strip as the track rotates.
Per claim 15, the inserts 104-1 are substantially flush with a bottom surface of the wear strip 100.
Per claim 16, Sibilleau (‘276) shows the wear strip 100 secured to the rail beam of a snowmobile. The snowmobile includes a chassis, suspension, and one or more rail assemblies. The rail beam includes an angled portion and a straight portion, with the wear strip secured over the lower surface of both portions. A track encircles the rail assemblies.
Regarding claims 18 and 25, Sibilleau (‘276) does not show the track including openings to receive drive cogs with portions between the windows including slide clips, which may be formed of metal. However, such a configuration is extremely well-known in the art. Therefore, one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success to provide the track of Sibilleau (‘276) with such track features to allow the drive wheel to rotate the track, thus allowing the snowmobile to move along the ground, while reducing wear on the openings of the track.
Per claim 22, no bogey wheel is secured to the rail beam between the straight and angled portions thereof.
Regarding claim 23, Sibilleau (‘276) does not disclose the snowmobile including an electric motor. However, it is well known in the art that electric motors are suitable substitutions for an internal combustion engine. Therefore, one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, would have found it obvious to provide the snowmobile of Sibilleau (‘276) with an electric motor, for the purpose of eliminating air pollution during use of the snowmobile.
Claim(s) 6-7, 13, 20-21, and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sibilleau (‘276) as applied to claims 1-5, 8-12, 14-19, 22-23, and 25 above, and further in view of Sibilleau (2009/0008990).
Sibilleau (‘276) states that the inserts 404-1 are arranged at an angle of approximately 30 degrees with respect to the longitudinal direction of the wear strip (see paragraph [0061], but does not provide any specific ranges less than 30 degrees of the angle.
Sibilleau (‘990) teaches that inserts (or discrete areas) 25 are arranged at less than 30 degrees with respect to the longitudinal direction of a slide rail (aka wear strip) 10 (see lines 15-19 of paragraph [0006]). Therefore, from this teaching, it would have been obvious to one of ordinary skill in the art, prior to the effective filing date of the claimed invention, and with a reasonable expectation of success, to arranged the inserts of Sibilleau (‘276) at an angle of less than 30 degrees, as a substitute equivalent configuration, dependent upon the desired contact area for the inserts with respect to the track.
Response to Arguments
Applicant's arguments filed 12 May 2026 have been fully considered but they are not persuasive. The Applicant argues that neither Sibilleau reference teaches the percentage area of the wear strip in which the inserts are mounted, and the placement of these inserts “goes beyond any sort of alleged ‘desired amount of reinforcement’”. The Applicant further argues that the aforementioned percentage is not a “Result-effective variable” but is for “controlling how much of the clip-contact region is occupied by higher LPV insert material while retaining enough base polymer for robustness/flexibility”. It appear that the Applicant is arguing surprising or unexpected results with the percentage area of coverage by the inserts being a critical measurement. However, The Applicant has failed to provide any evidence (i.e. test results, etc.), in the form of a declaration or affidavit filed under 37 CFR 1.131 or 1.132, to support these arguments. In this instance, there is a finite amount of space on a wear strip in which inserts may be mounted. One of ordinary skill in the art would find optimization of reinforcement versus flexibility of the wear strip routine, and capable of deducing without undue experimentation lacking any evidence to the contrary.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JASON R BELLINGER whose telephone number is (571)272-6680. The examiner can normally be reached M-F 9-4.
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/JASON R BELLINGER/ Primary Examiner, Art Unit 3615
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