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 . Claims 1-20 are pending in the current application.
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.
Claim 8 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Specifically, Claim 8 is rejected since there is no antecedent basis for the language “at least one retention structure” recited in line 1.
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.
Claims 1-3, 9-11, 17, and 18, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (Non-Patent Literature Document 1 of the Information Disclosure Statement submitted August 14, 2023).
Specifically, regarding Claim 1, Lee discloses a key switch assembly for a saddle riding vehicle (the top drawing on page 11 of Lee), the saddle riding vehicle having a handlebar, a seat, at least one electrical energy storage unit and at least one traction motor to provide motive power to the saddle riding vehicle (the top drawing on page 11 of Lee), the key switch assembly comprising a cover structure (CS) adapted to cover a portion of the frame arranged between the handlebar and the seat in a lengthwise direction of the vehicle and defining a central cavity (page 12 drawing of Lee, reproduced and annotated below), a cap structure (CAPST) removably engaged to the cover structure (CS) and including a first structure (FS) disposed inside the central cavity and defining an opening (page 12 drawing of Lee, reproduced below), and a second structure (SS) extending vertically from the first structure (FS) and adapted to be removably coupled to the frame (page 12 drawing of Lee), wherein the second structure (SS) is adapted to be arranged underneath the cover structure (CS), and a key switch (ignition switch; the bottom drawing on page 11 of Lee) coupled to the first structure (FS) and extending through the opening (the bottom drawing on page 11 of Lee), wherein the key switch is configured to electrically connect and disconnect the at least one electrical energy storage unit to the at least one traction motor (inherently disclosed in the top drawing on page 11).
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Regarding Claim 2, Lee discloses that the first structure (FS) includes a disc structure (page 12 drawing of Lee) and the second structure (SS) includes a leg structure extending vertically downwardly of the disc structure (page 12 drawing of Lee).
Regarding Claim 3, Lee discloses that the disc structure includes a first portion (1P) and a second portion (2P) having a diameter greater than a diameter of the first portion (1P) defining a step (ST) therebetween, wherein the cover structure (CS) is configured to rest on the step (ST; e.g., when the page 12 drawing of Lee is rotated 90 degrees).
Claims 9-11 and Claims 17 and 18 include language similar to that of Claims 1-3 and Claims 1 and 3, respectively, and are rejected for reasons at least similar to those discussed above. The top drawing on page 11 of Lee inherently discloses the claimed frame, handlebar, and seat.
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.
Claims 5, 6, and 13, are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Nakajima et al. (U.S. Pat. No. 5,291,067 A, hereinafter “Nakajima”).
Lee discloses substantially all of the limitations of the present invention but does not disclose the claimed (i) keyhole, as recited in Claims 5 and 13, and (ii) cable, as recited in Claim 6.
However, Nakajima discloses that the key switch includes a keyhole to enable an insertion of a key (FIGS. 3 and 4) to move the key switch between a first position and a second position (FIGS. 3 and 10), as recited in Claims 5 and 13, and (ii) an electric cable extending downwardly of the key switch and adapted to be arranged underneath the cover structure (not labeled but illustrated in FIG. 6 extending from solenoid 122), as recited in Claim 6.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Nakajima with those of Lee to establish electrical connection between vehicle components upon key switch position movement.
Claims 7, 8, 15, 16, and 20, are rejected under 35 U.S.C. 103 as being unpatentable over Lee in view of Fischer et al. (U.S. Pat. No. 7,311,014 B2, hereinafter “Fischer”).
Lee discloses substantially all of the limitations of the present invention but does not disclose the claimed retention structure.
However, Fischer discloses (i) a retention structure (3, 4, 8, 9; FIGS. 1A and 1B) configured to couple with an electric cable (7, 28; FIG. 1B) and retain the electric cable with the second structure (10; FIG. 1A), as recited in Claims 7, 15, and 20, and (ii) that the [at least one retention] structure (3, 4, 8, 9) includes a groove (between 8 and 9; FIG. 1A) configured to receive a portion of a clip (11) engaged with the electric cable (7, 28; FIG. 1B), as recited in Claims 8 and 16.
Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the teachings of Fischer with those of Lee to secure an electrical cable extending from a key switch to prevent cable movement during vehicle operation.
Allowable Subject Matter
Claims 4, 12, 14, and 19, 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANTHONY R. JIMENEZ whose telephone number is 313-446-6518. The examiner can normally be reached Monday through Thursday, 1030am - 9pm.
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/ANTHONY R JIMENEZ/Primary Examiner, Art Unit 2833