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 .
Response to Arguments
Applicant's arguments filed on 02.25/2026 have been fully considered but they are not persuasive.
Applicant argues that Kobayashi fails to disclose “the body part has an outline part formed in a loop shape, and the attachment bar protrudes from the outline part” on pages 5-8 of their remarks. Kobayashi as seen on the left below has body part that includes an outline part with attachment bar protruding in the same way as the instant application as seen on the right below.
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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.
(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) 1-2, 7-10, and 12-13 is/are rejected under 35 U.S.C. 102(a)(1) or (a)(2) as being anticipated by Kobayashi (US 20200164940 A1).
Regarding claim 1, Kobayashi discloses a vehicle (vehicle 10, figs.1-3) comprising: a vehicle body (body frame 11, figs.1-3); a handle (handlebar 19, figs.1-3) provided on an upper part of the vehicle body; and a carrier (front carrier 32, figs.1-3 and 8) provided in a front of the handle or in a rear relative to the handle (front carrier 32, figs.1-3 and 8), wherein the carrier includes a body part (loop frame 71, cross member 72, portions 76, 77, and 79 form the body part, fig.8) for placing a load and an attachment bar (a pair of left and right inwardly extending frame portions 78, figs.1-3 and 8, see attached figure below) protruding toward a handle side from the body part (figs.1-3 and 8), the body part has an outline part (outline part as seen in the attached figure below has a loop shape) formed in a loop shape, and the attachment bar protrudes from the outline part (see attached figure below).
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Regarding claim 2, Kobayashi discloses wherein the carrier is provided in the front of the handle (front carrier 32, figs.1-3 and 8), the body part extends in a vehicle width direction (body part of front carrier 32 extends in width direction as seen in figure 8), and the attachment bar is disposed on at least one side of a right side and a left side relative to a center position in a vehicle width direction of the vehicle body (a pair of left and right inwardly extending frame portions 78, figs.1-3 and 8).
Regarding claim 7, Kobayashi discloses further comprising: a carrier cover (resting plates 73, figs.1-3 and 8) applied to the carrier and covering the carrier from above, wherein the attachment bar is provided so as to be exposed outward from the carrier cover (a pair of left and right inwardly extending frame portions 78 are exposed outward from the resting plates 73 as seen in figures 1-3 and 8).
Regarding claim 8, Kobayashi discloses wherein the vehicle body includes a vehicle body frame (body frame 11, figs.1-3), the handle is rotatably supported by the vehicle body frame, and the carrier is fixed to the vehicle body frame in the front of the handle (handlebar 19 is rotatable and front carrier 32 is fixed to the body frame 11, figs.1-3 and 8).
Regarding claim 9, Kobayashi discloses wherein the handle includes a handlebar (handlebar 19, figs.1-3) gripped by an occupant, and the attachment bar is disposed at least outside a region where the handlebar rotates in plan view (portions 78 are outside of a region where the handlebar 19 rotates, figs.1-3 and 8).
Regarding claim 10, Kobayashi discloses wherein the body part is disposed at a position lower than the handle (body part of front carrier 32 is lower than handle 19, figs.1-3), and the attachment bar protrudes horizontally from the body part (a pair of left and right inwardly extending frame portions 78, fig.8).
Regarding claim 12, Kobayashi discloses wherein the carrier is provided in the front of the handle (front carrier 32, fig.1-3), and the attachment bar protrudes rearward from the outline part (attachment bar protrudes rearward from the outline part as seen in attached figure above and in figure 8).
Regarding claim 13, Kobayashi discloses wherein the outline part includes a rear piece part (cross member 72, fig.8, see attached figure above) linearly extending in a vehicle width direction (fig.8) at a position adjacent to a front of a handle peripheral part (cross member is adjacent a front part of the handle 19, figs.3, 8, 11), and the attachment bar protrudes from the rear piece part (attachment bar protrudes from the cross member 72 as seen in figure 8 and attached figure above).
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(s) 3-5 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi (US 20200164940 A1) in view of Phansua (CN 110077499 A).
Regarding claims 3 and 14, Kobayashi discloses the vehicle of claim 1, but fails to disclose a power socket.
However, Phansua discloses wherein the vehicle body includes a power socket (power supply part 32, figs.1-12), and the power socket is disposed at a position adjacent to the attachment bar in a handle peripheral part (power supply part 32 is disposed to the left of the handle 16, figs.1-12).
Kobayashi and Phansua are both considered to be analogous to the claimed invention because they are in the same field of vehicles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kobayashi with the power socket of Phansua with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of allowing a user to power or charge accessories.
Regarding claim 4, Kobayashi discloses the vehicle of claim 2 but fails to disclose a power socket.
However, Phansua discloses wherein the vehicle body includes a power socket (power supply part 32, figs.1-12), and the power socket is included on at least a side on which the attachment bar is disposed, of the right side and the left side (power supply part 32 is disposed to the left of the handle 16, figs.1-12).
Kobayashi and Phansua are both considered to be analogous to the claimed invention because they are in the same field of vehicles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kobayashi with the power socket of Phansua with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of allowing a user to power or charge accessories.
Regarding claim 5, Kobayashi in combination with Phansua, Phansua discloses wherein the vehicle body includes a switch (starting switch 37, figs.1-4) operated when the vehicle is started, and the switch is disposed at a position adjacent to the power socket (In re Japikse, 181 F.2d 1019, 86 USPQ 70 discloses shifting the position of the starting switch to be adjacent to the power socket would not have modified the operation of the device).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi (US 20200164940 A1) in view of Tweet (US 7044526 B2).
Regarding claim 6, Kobayashi discloses the vehicle of claim 1 and the carrier is formed of a pipe member (front carrier 32 is formed from pipe as seen in figures 1-3 and 8), but fails to disclose a pipe diameter of the attachment bar is smaller than a pipe diameter of the body part.
However, Tweet discloses carrier (202, figs.16-17) wherein a size of the attachment bar (diameter of pipe of 1608 and 1610, fig.16) is smaller than a size of the body part (diameter of pipe of 1602 and 1604, fig.16).
Kobayashi and Tweet are both considered to be analogous to the claimed invention because they are in the same field of vehicle carriers. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kobayashi with the different sized pipes of Tweet with a reasonable expectation of success because it would have been obvious to try different sized pipes with a reasonable expectation of success, yielding predictable results of having the attachment bar be a smaller diameter to save cost and weight.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi (US 20200164940 A1) in view of Yamamoto (EP 1958861 A1).
Regarding claim 11, Kobayashi discloses an opening part (storage portion 83, figs.3 and 11-13) and closes by a lid member (lid 86, figs.3 and 11-13), but fails to disclose the storage compartment on a rear of the carrier, on the right side or the left side, and the attachment bar is disposed on a side opposite to a side on which the opening part is included, of the right side and the left side.
However, Yamamoto discloses storage compartments (compartments 20a-c with lids 21-23, figs.1-4) on a rear of the carrier (panels 31-33, fig.4), on the right side or the left side (compartments 20a-c with lids 21-23, figs.1-4), and the attachment bar is disposed on a side opposite to a side on which the opening part is included, of the right side and the left side (Kobayashi, a pair of left and right inwardly extending frame portions 78, fig.8).
Kobayashi and Yamamoto are both considered to be analogous to the claimed invention because they are in the same field of vehicles. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kobayashi with the rear storage compartments of Yamamoto with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of allowing for more storage space that can be easily accessed by the user while operating the vehicle.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IAN BRYCE SHELTON whose telephone number is (571)272-6501. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (303)-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IAN BRYCE SHELTON/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
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