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 Interpretation
Regarding Claims 1 – 8, the claim scope is understood to extend to the brace and its elements, but not to unclaimed/unrelated/undefined structures with which the claimed brace might, or might not, interact. Specifically, limitations directed to unrelated/unclaimed/undefined features of an engine and/or a frame and/or a motorcycle are only given weight only to the extent that the claimed structural elements of the brace are structured/configured to meet said functional limitations. (See MPEP 2114 I – II)
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.
Claims 1 – 3, 5 and 6 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent number US 6,315,072 B1 to Brown et al. (hereinafter referred to as Brown).
Regarding claims 1 – 3 and 5 – 6, Brown discloses a brace (mounting strap 73) for (intended use; incidentally, the prior art teaches this functionality, see below) strengthening a connection between an engine (34) and a frame (14) of a motorcycle (10), comprising:
[Claim 1] a body (the mounting strap 73 between bolts 73a) configured to overlie the engine (Fig. 4) and having a first mounting hole (the left hole in brace 34 receiving bolt 73a) and a second mounting hole (the right hole in upper mounting strap 73 receiving bolt 73a, See Fig. 4) in spaced relationship with one another, wherein the first and second mounting holes are configured to be aligned with mounting holes of the engine and frame for receiving bolts (bolts 73a) to connect the brace, the engine and the frame to one another (although there is no positive claim for a motorcycle frame, the holes in brace 34 are capable of being aligned with openings that might exist in any unclaimed/unrelated frame); and
a rear anchor (the bracket attached to the center of upper mounting strap 73, as shown in Fig. 4) extending perpendicularly from the body for overlying and engaging a portion of the frame (14);
[Claim 2] wherein the body (the mounting strap 73 between bolts 73a) has a bottom edge defining a at least one recess (the holes in strap 73 receiving bolts 73a) for receiving bolt protrusions on a top of the engine (34) to conform the brace (mounting strap 73) to a shape of the top of the engine (Although, Brown does not disclose bolt protrusions on the top surface of the engine, these protrusions are not positively claimed. The holes in mounting strap 73 are certainly capable of receiving any bolts belonging to an unclaimed/unrelated engine);
[Claim 3] wherein the body (the mounting strap 73 between bolts 73a) has a first end portion (the left vertical edge of mounting strap 73) and a second end portion (the right vertical edge of mounting strap 73) extending in spaced and generally parallel relationship with one another and a central portion (the material of mounting strap 73 between the left and right vertical edges having a horizontal surface) interconnecting the first and second end portions and extending at an angle relative to the first and second end portions;
[Claim 5] wherein the body (the mounting strap 73 between bolts 73a) has a front face (the face of strap 73 to which a bracket is mounted in Fig. 4) and a rear face (the face of strap 73 opposite the face to which a bracket is mounted in Fig. 4) opposite the front face; and
[Claim 6] wherein the front face (the face of strap 73 to which a bracket is mounted in Fig. 4) defines a plurality of recesses (the holes in strap 73 used to attach the bracket shown in Fig. 4) for providing a weight reduction effect, and a plurality of gussets between the recesses (the material between the holes in strap 73 used to attach the bracket shown in Fig. 4) for laterally strengthening the brace (mounting strap 73).
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Claims 1 – 5 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by patent document number EP 2 511 538 A1 to Chalverat.
Regarding claims 1 – 5 and 10, Chalverat discloses a brace (See Fig. 5 above) for strengthening a connection between an engine and a frame of a motorcycle (a modular substructure for connecting mechanical components of a machined, Page 1, Machine Translation), comprising:
[Claim 1] a body (See annotated Fig. 5 above) configured to overlie the engine and having a first mounting hole (See Fig. 5) and a second mounting hole (See Fig. 5) in spaced relationship with one another, wherein the first and second mounting holes are configured to be aligned with mounting holes of the engine and frame for receiving bolts to connect the brace, the engine and the frame to one another; and
a rear anchor (See Fig. 5) extending perpendicularly from the body for overlying and engaging a portion of the frame (NOTE: These claim limitations contain no positive claim for a motorcycle, a motorcycle frame or an engine; see one-on-one mapping in the annotated Fig. 5 above, and refer to the related discussion of claim scope above);
[Claim 2] wherein the body (See Fig. 5) has a bottom edge defining at least one recess (the opening in the body, See Fig. 5, bounded by the first and second end portions and the rear anchor) for receiving bolt protrusions on a top of the engine to conform the brace to a shape of the top of the engine (Although, Chalverat does not disclose bolt protrusions on the top surface of the engine, these protrusions are not positively claimed. The holes in mounting strap 73 are certainly capable of receiving such bolts.);
[Claim 3] wherein the body (See Fig. 5) has a first end portion (See Fig. 5) and a second end portion (See Fig. 5) extending in spaced and generally parallel relationship with one another and a central portion (See Fig. 5) interconnecting the first and second end portions and extending at an angle relative to the first and second end portions;
[Claim 4] wherein a first angled portion (See Fig. 5) is located at a meeting of the first end portion and the central portion, a second angled portion (See Fig. 5) is located at a meeting between the second end portion and the central portion, wherein the first end portion terminates at a first edge (See Fig. 5) opposite the central portion, the second end portion terminates at a second edge (See Fig. 5) opposite the central portion, and wherein the first mounting hole is located adjacent to the first edge, and the second mounting hole is located adjacent to the second angled portion; and
[Claim 5] wherein the body(See Fig. 5) has a front face (See Fig. 5) and a rear face (See Fig. 5) opposite the front face.
Regarding claim 10, Chalverat discloses a brace for strengthening a connection between an engine and a frame of a motorcycle, comprising:
a body (See Fig. 5) configured to overlie the engine and having a first mounting hole (See Fig. 5) and a second mounting hole (See Fig. 5) in spaced relationship with one another, wherein the first and second mounting holes are configured to be aligned with mounting holes of the engine and frame for receiving bolts to connect the brace, the engine and the frame to one another; and
a rear anchor (See Fig. 5) extending perpendicularly from the body for overlying and engaging a portion of the frame (NOTE: There is no positive claim for a motorcycle, an engine or a motorcycle frame);
wherein the body (See Fig. 5) has a first end portion (See Fig. 5) and a second end portion (See Fig. 5) extending in spaced and generally parallel relationship with one another and a central portion (See Fig. 5) interconnecting the first and second end portions and extending at an angle relative to the first and second end portions;
wherein a first angled portion (See Fig. 5) is located at a meeting of the first end portion and the central portion, a second angled portion (See Fig. 5) is located at a meeting between the second end portion and the central portion, wherein the first end portion terminates at a first edge opposite the central portion, the second end portion terminates at a second edge opposite the central portion, and wherein the first mounting hole is located adjacent to the first edge, and the second mounting hole is located adjacent to the second angled portion (NOTE: There is no positive claim for a motorcycle, an engine or a motorcycle frame).
Allowable Subject Matter
Claims 7 and 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.
Claim 9 is allowable.
Regarding claim 7, Brown discloses the brace as set forth in claim 5, wherein the rear face has a first planar portion along the first end portion and a protruded second planar portion, with the second planar portion extending in spaced relationship with the first planar portion. However, Brown does not disclose the second planar portion extends in parallel relationship to the first planar portion. Claim 8 depends from claim 7, and therefore, are also allowed.
Regarding claim 9, Brown discloses a motorcycle (10), comprising:
a frame (14) having a plurality of frame mounting holes (See Figs. 3 and 4);
an engine (34) coupled to the frame, the engine including a plurality of engine mounting holes (the holes in engine 34 receiving fasteners 73a, Fig. 4);
a brace (mounting strap 73) coupled to the engine and the frame for strengthening a connection between the engine and the frame;
the brace including a body (the mounting strap 73 between bolts 73a) overlying the engine (See Fig. 4) and [[and]] having a first brace mounting hole (the left hole in brace 73 receiving bolt 73a, Fig. 4) and one of the engine mounting holes (the holes in engine 34 receiving fasteners 73a, Fig. 4), and a second brace (mounting strap 73) mounting hole in spaced relationship with the first brace mounting hole and one of the engine mounting holes;
a pair of bolts (bolts 73a); and
a rear anchor (the bracket attached to the center of upper mounting strap 73, as shown in Fig. 4) extending perpendicularly from the body for overlying and engaging a portion of the frame (frame 14).
However, Brown does not disclose:
each of the plurality of engine mounting holes are aligned with one of the frame mounting holes;
a first brace mounting hole is aligned with one of the frame mounting holes;
a second brace mounting hole is aligned with one of the frame mounting holes; and
the pair of bolts are each received by one of the first and second brace mounting holes, aligned frame and engine mounting holes to connect the brace, the engine and the frame to one another. Neither Brown nor Chalverat disclose these limitations.
[AltContent: arrow][AltContent: textbox (anchor)][AltContent: arrow][AltContent: textbox (Upper mounting strap)][AltContent: textbox (BROWN et. al)]
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Response to Arguments
Applicant's arguments filed August 10, 2026 have been fully considered but they are not persuasive.
Applicant argues “Brown neither describes nor depicts an anchor that extends perpendicularly from the strap body and overlies and engages a portion of the motorcycle frame” (Remarks, Page 7) in reference to lines 7 – 8 of claim 1. However, Brown explicitly discloses this claimed anchor positioned in the center of upper mounting strap (73), abutting and fastened to truss member (72) which is a portion of frame (14). Therefore, Brown discloses all of the limitations of independent claim 1.
After reconsideration of several claims, in light of Chalverat, previously allowed claim 4 is now rejected. Therefore, this action is Non-Final.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611
