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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ogishima (Patent No. 4,515,405).
Re: claim 1, Ogishima teaches a cowling structure (Fig. 3 – 11) for a straddle-type vehicle (Fig. 2 -1), the cowling structure comprising: a cowling (Fig. 8 – 113 & 112) covering a lamp unit (Fig. 8 – 115), wherein a front surface of the cowling (Annotated Fig. 8 – front surface) has an opening (Annotated Fig. 8 – opening) through which a lens surface (Annotated Fig. 8 – lens surface) of the lamp unit (Fig. 8 – 115) is exposed to a front side (Annotated Fig. 8 – front side), and wherein a lower surface of the cowling (Fig. 8 – 112) has an opening area (Annotated Fig. 8 – opening area) through which a lower surface of the lamp unit (Annotated Fig. 8 – lower surface of lamp unit) is exposed to a lower side (Annotated Fig. 8 – lower side).
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Re: claim 2, Ogishima teaches wherein an entire lower surface of the lamp unit (Annotated Fig. 8 – lower surface of lamp unit) is exposed through the opening area (Annotated Fig. 8 – opening area), and wherein the entire lower surface of the lamp unit is positioned inside the opening area (Annotated Fig. 8 – opening area) of the cowling (113 & 112).
Re: claim 3, Ogishima teaches wherein the opening (Annotated Fig. 8 – opening) of the cowling (113 & 112) and the opening area (Annotated Fig. 8 – opening area) of the cowling are continuous with each other (See Annotated Fig. 8 – where the lamp unit not being present would provide a continuous path from the opening to the opening area such as in the present application), and wherein the cowling is formed with a crossing portion (Annotated Fig. 8 – crossing portion) crossing the opening (Annotated Fig. 8 – opening) of the cowling (113 & 112) along a lower edge of the lens surface (Annotated Fig. 8 – lens surface) of the lamp unit (115) (See Also Figs. 2 & 3 for a front view).
Re: claim 4, Ogishima teaches wherein both side edges (Annotated Fig. 2 – edge 1 & edge 2), in a vehicle width direction (Annotated Fig. 2 – width), of the opening area (Annotated Fig. 2 – opening area) of the cowling are connected each other via the lamp unit (Annotated Fig. 2 – lamp unit).
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Re: claim 5, Ogishima teaches wherein the opening area (Annotated Fig. 2-2 – opening area) of the cowling is formed to be wider from the front side to a rear side (See Annotated Fig. 2-2).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP H1071980 A & JP 2013151177 A disclose similar structures to the claimed application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP C ADAMS whose telephone number is (571)272-3421. The examiner can normally be reached Monday-Thursday 7:30 - 4:00 CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy R Weisberg can be reached at 5712705500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP CHARLES ADAMS/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612