DETAILED ACTION
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 Objections
Claim 5 is objected to because of the following informalities:
In line 5 of claim 5, it is believed “a joint” should be changed to --the joint--, as the joint between the first outer cowling and the second outer cowling is referenced in claim 1, on which claim 5 depends.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 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 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Janyapanich et al. (US PG Pub 2018/0086406).
Regarding claim 1, Janyapanich et al. disclose a cowling structure for a straddle-type vehicle 100, the cowling structure comprising: a front cowling 600 covering a vehicle front portion from a front side (see Figure 1; Paragraph 28); and a pair of side cowlings 15 covering the vehicle front portion from lateral sides, wherein the pair of side cowlings 15 each includes: an outer cowling 134 forming an outer surface of the side cowling 15 (see Figures 1, 3A and 8; Paragraphs 30 and 34-35); and an inner cowling 136 forming an inner surface of the side cowling, and wherein the outer cowling 134 at least includes: a first outer cowling 134 facing a first region of the inner cowling 136; a second outer cowling 99 facing a second region of the inner cowling 136; and a third outer cowling covering 95, from an outer side in a vehicle width direction, a joint between the first outer cowling 134 and the second outer cowling 99 (see Figure 8; Paragraphs 30 and 34-35).
Regarding claim 2, Janyapanich et al. disclose the cowling structure according to claim 1, wherein the first outer cowling 134 and the second outer cowling 99 are fixed to the third outer cowling 95 from an inner side in the vehicle width direction (see Figures 1, 3B, and 8; Paragraph 34).
Regarding claim 3, Janyapanich et al. disclose the cowling structure according to claim 1, wherein an outer edge of the third outer cowling 95 is not in contact with outer surfaces of the first outer cowling 134 and second outer cowling 99 (see annotated Figure 5 below and Figure 8; Paragraph 35).
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Regarding claim 4, Janyapanich et al. disclose the cowling structure according to claim 3, wherein the outer edge of the third outer cowling 99 is bent to an inner side in the vehicle width direction (see annotated Figure 6 below and Figure 8; Paragraph 34). The third outer cowling 99 directs hot air from the engine system 115 and is inclined away from the vehicle in the vehicle width direction, causing a bent shape 312.
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Regarding claim 5, Janyapanich et al. disclose the cowling structure according to claim 1,wherein the first outer cowling 134 faces an upper region of the inner cowling 136 (see Figure 8; Paragraph 35), wherein the second outer cowling 99 faces a lower region of the inner cowling 136, and wherein at least one of an upper edge or a lower edge of the third outer cowling 95 is located on an inner side in the vehicle width direction than the joint 315 between the first outer cowling 134 and the second outer cowling 99 (see Figure 8; Paragraphs 34-35). The upper edge 311 of the third outer cowling 95 is located on an inner side in the vehicle width direction than the joint 315.
Claims 1-4 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iida et al. (WO 2011/093184).
Regarding claim 1, Iida et al. disclose a cowling structure for a straddle-type vehicle, the cowling structure comprising: a front cowling 20 covering a vehicle front portion from a front side (see Figure 2; Paragraph 10); and a pair of side cowlings 30 covering the vehicle front portion from lateral sides, wherein the pair of side cowlings 30 each includes: an outer cowling 50 forming an outer surface of the side cowling 30; and an inner cowling 60 forming an inner surface of the side cowling, and wherein the outer cowling 50 at least includes: a first outer cowling 40 facing a first region of the inner cowling 60; a second outer cowling 70 facing a second region of the inner cowling 60; and a third outer cowling 50 covering, from an outer side in a vehicle width direction, a joint between the first outer cowling 40 and the second outer cowling 70 (see Figures 2-3; Paragraphs 17, 23).
Regarding claim 2, Iida et al. disclose the cowling structure according to claim 1, wherein the first outer cowling 40 and the second outer cowling 70 are fixed to the third outer cowling 50 from an inner side in the vehicle width direction (see Figures 2-3 and 12; Paragraph 31).
Regarding claim 3, Iida et al. disclose the cowling structure according to claim 1, wherein an outer edge of the third outer cowling 50 is not in contact with outer surfaces of the first outer cowling 40 and second outer cowling 70 (see Figure 3). The lower outer edge of the third outer cowling 50 is not in contact with the first outer cowling 40 and second outer cowling 70.
Regarding claim 4, Iida et al. disclose the cowling structure according to claim 3, wherein the outer edge of the third outer cowling is bent to an inner side in the vehicle width direction (see Figures 1-2).
Regarding claim 9, Iida et al. disclose the cowling structure according to claim 1, wherein a first fixing location 58p is positioned at an opposite side of a second fixing location 57p with respect to the joint between the first outer cowling 40 and the second outer cowling 70 (see Figures 2-3; Paragraph 31), the first fixing location 58p is a location where the first outer cowling 40 and the third outer cowling 50 is fixed (see Figure 3; Paragraphs 27 and 31), the second fixing location 57p is a location where the second outer cowling 70 and the third outer cowling 50 is fixed (see Figure 3; Paragraphs 30-31).
Allowable Subject Matter
Claims 6-8 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 6 recites a cowling structure for a straddle-type vehicle, the cowling structure comprising: a front cowling covering a vehicle front portion from a front side; and a pair of side cowlings covering the vehicle front portion from lateral sides, wherein the pair of side cowlings each includes: an outer cowling forming an outer surface of the side cowling; and an inner cowling forming an inner surface of the side cowling, and wherein the outer cowling at least includes: a first outer cowling facing a first region of the inner cowling; a second outer cowling facing a second region of the inner cowling; and a third outer cowling covering, from an outer side in a vehicle width direction, a joint between the first outer cowling and the second outer cowling. The first outer cowling faces an upper region of the inner cowling, the second outer cowling faces a lower region of the inner cowling, and at least one of an upper edge or a lower edge of the third outer cowling is located on an inner side in the vehicle width direction than a joint between the first outer cowling and the second outer cowling. A front half portion of the first outer cowling is formed with a bulging portion, a portion of the bulging portion above the third outer cowling bulging toward the outer side in the vehicle width direction, and the bulging portion of the first outer cowling is located on the outer side in the vehicle width direction than the upper edge of the third outer cowling. Janyapanich et al. disclose a cowling structure having a front cowling structure and a pair of side cowlings having an inner cowling and an outer cowling, the outer cowling having a first outer cowling facing an upper region of the inner cowling, a second outer cowling facing a lower region of the inner cowling, and a third outer cowling located between the first outer cowling and second outer cowling; however, Janyapanich et al. fail to disclose that the bulging portion of the first outer cowling is positioned in a front half portion. Iida et al. disclose a cowling structure having a front cowling and a pair of side cowlings having an inner cowling and outer cowling with a first outer cowling, a second outer cowling and a third outer cowling positioned between the first and second outer cowlings; however, Iida et al. fail to disclose any part of the third outer cowling is positioned on an inner side in the vehicle width direction than the joint between the first and second outer cowlings. Maeda et al. (US Pat 8,783,399) disclose a cowling structure having a pair of side cowlings with an inner cowling and an outer cowling; however, Maeda et al. fail to disclose that the outer cowling has a first outer cowling, a second outer cowling, and a third outer cowling. Iida et al. (US Pat 8,631,888) disclose a cowling structure having a pair of side cowlings having an inner cowling and an outer cowling with a first outer cowling, a second outer cowling, and a third outer cowling; however, Iida et al. fail to disclose that the second outer cowling faces a region of the inner cowling. Suita et al. (US Pat 7,607,712) disclose a cowling structure having a pair of side cowlings with an outer cowling having a first outer cowling, a second outer cowling, and a third outer cowling; however, Suita et al. fail to disclose an inner cowling. The prior art does not properly teach or suggest the recited configuration, making claim 6 allowable.
Claim 7 recites a cowling structure for a straddle-type vehicle, the cowling structure comprising: a front cowling covering a vehicle front portion from a front side; and a pair of side cowlings covering the vehicle front portion from lateral sides, wherein the pair of side cowlings each includes: an outer cowling forming an outer surface of the side cowling; and an inner cowling forming an inner surface of the side cowling, and wherein the outer cowling at least includes: a first outer cowling facing a first region of the inner cowling; a second outer cowling facing a second region of the inner cowling; and a third outer cowling covering, from an outer side in a vehicle width direction, a joint between the first outer cowling and the second outer cowling. The first outer cowling faces an upper region of the inner cowling, the second outer cowling faces a lower region of the inner cowling, and at least one of an upper edge or a lower edge of the third outer cowling is located on an inner side in the vehicle width direction than a joint between the first outer cowling and the second outer cowling. The second outer cowling is formed with a recess with a portion of the recess below the third outer cowling being recessed toward the inner side in the vehicle width direction, and the lower edge of the third outer cowling is located in the recess of the second outer cowling. Janyapanich et al. disclose a cowling structure having a front cowling structure and a pair of side cowlings having an inner cowling and an outer cowling, the outer cowling having a first outer cowling facing an upper region of the inner cowling, a second outer cowling facing a lower region of the inner cowling, and a third outer cowling located between the first outer cowling and second outer cowling; however, Janyapanich et al. fail to disclose that the recess of the second outer cowling extends below third outer cowling. Iida et al. disclose a cowling structure having a front cowling and a pair of side cowlings having an inner cowling and outer cowling with a first outer cowling, a second outer cowling and a third outer cowling positioned between the first and second outer cowlings; however, Iida et al. fail to disclose any part of the third outer cowling is positioned on an inner side in the vehicle width direction than the joint between the first and second outer cowlings. Maeda et al. (US Pat 8,783,399) disclose a cowling structure having a pair of side cowlings with an inner cowling and an outer cowling; however, Maeda et al. fail to disclose that the outer cowling has a first outer cowling, a second outer cowling, and a third outer cowling. Iida et al. (US Pat 8,631,888) disclose a cowling structure having a pair of side cowlings having an inner cowling and an outer cowling with a first outer cowling, a second outer cowling, and a third outer cowling; however, Iida et al. fail to disclose that the second outer cowling faces a region of the inner cowling. Suita et al. (US Pat 7,607,712) disclose a cowling structure having a pair of side cowlings with an outer cowling having a first outer cowling, a second outer cowling, and a third outer cowling; however, Suita et al. fail to disclose an inner cowling. The prior art does not properly teach or suggest the recited configuration, making claim 7 allowable.
Claim 8 recites a cowling structure for a straddle-type vehicle, the cowling structure comprising: a front cowling covering a vehicle front portion from a front side; and a pair of side cowlings covering the vehicle front portion from lateral sides, wherein the pair of side cowlings each includes: an outer cowling forming an outer surface of the side cowling; and an inner cowling forming an inner surface of the side cowling, and wherein the outer cowling at least includes: a first outer cowling facing a first region of the inner cowling; a second outer cowling facing a second region of the inner cowling; and a third outer cowling covering, from an outer side in a vehicle width direction, a joint between the first outer cowling and the second outer cowling. Gate marks of the first outer cowling and second outer cowling are covered with the third outer cowling. Janyapanich et al. disclose a cowling structure having a front cowling structure and a pair of side cowlings having an inner cowling and an outer cowling, the outer cowling having a first outer cowling facing an upper region of the inner cowling, a second outer cowling facing a lower region of the inner cowling, and a third outer cowling located between the first outer cowling and second outer cowling; however, Janyapanich et al. fail to disclose gate marks on the first outer cowling and second outer cowling. Iida et al. disclose a cowling structure having a front cowling and a pair of side cowlings having an inner cowling and outer cowling with a first outer cowling, a second outer cowling and a third outer cowling positioned between the first and second outer cowlings; however, Iida et al. fail to disclose gate marks on the first outer cowling and second outer cowling. Maeda et al. (US Pat 8,783,399) disclose a cowling structure having a pair of side cowlings with an inner cowling and an outer cowling; however, Maeda et al. fail to disclose that the outer cowling has a first outer cowling, a second outer cowling, and a third outer cowling. Iida et al. (US Pat 8,631,888) disclose a cowling structure having a pair of side cowlings having an inner cowling and an outer cowling with a first outer cowling, a second outer cowling, and a third outer cowling; however, Iida et al. fail to disclose that the second outer cowling faces a region of the inner cowling. Suita et al. (US Pat 7,607,712) disclose a cowling structure having a pair of side cowlings with an outer cowling having a first outer cowling, a second outer cowling, and a third outer cowling; however, Suita et al. fail to disclose an inner cowling. The prior art does not properly teach or suggest the recited configuration, making claim 8 allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nakagome et al, (US PG Pub 2007/0149105) disclose a straddle-type vehicle having a pair of side cowlings. Misaki et al. (US Pat 7,448,461) disclose a cowl structure for a straddle-type vehicle. Nakao et al. (US Pat 8,006,792) disclose a cowl structure for a straddle-type vehicle.
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/VERONICA M CONDO/ Examiner, Art Unit 3612
/AMY R WEISBERG/ Supervisory Patent Examiner, Art Unit 3612