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 § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over JP H04257783 A ("Honda") in view of LOUVER Definition & Meaning ("Dictionary").
Claim 1: Honda teaches an electric straddled vehicle comprising: an electric component (50); a case (51) accommodating the electric component (para. 18, lines 1-3); a breather hose (87, 88, 89) having a first end (1E Annotated Fig. 1 below) and a second end (2E Annotated Fig. 1 below) that are opposite to each other, the first end being connected to the case (Figs. 1,2 and 7); and a cap (91a, 91) attached to the second end of the breather hose, the cap being breathable and waterproof (para. 40, lines 1-3). wherein the cap (91a, 91) includes a pipe (91, 90) including a through hole (Figs. 1,2, and 7; para. 40, lines 1-3 and para. 29, lines 1-4), the pipe being attached to the second end (2E) of the breather hose (87, 88, 89), a breathable waterproof sheet (99) closing the through hole of the pipe (Fig. 1; para. 39, lines 1-5), the breathable waterproof sheet being configured to allow moisture to penetrate therethrough without allowing water to penetrate therethrough (para. 40, lines 1-5), and a lid fixed to the pipe, the lid (28) covering at least a portion of the breathable waterproof sheet (Annotated Fig. 1 and Fig. 4). But does not teach the breathable waterproof sheet fully closing the through hole of the pipe.
However, Dictionary in a similar field of art teaches the breathable waterproof sheet fully closing the through hole of the pipe (page. 1, noun definition 1 ‘overlapping fins or slats’). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of Honda with the features of Dictionary. One of ordinary skill in the art would have been motivated to do so as Dictionary teaches “overlapping fins or slats, adjustable for admitting light and air while shutting out rain” (page. 1).
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Annotated Figure. 1
Claim 2: Honda teaches the limitations of claim 1 as noted above. Honda further teaches the electric straddled vehicle, wherein the second end (2E) of the breather hose (87, 88, 89) is disposed further upward than the case (Annotated Fig. 1).
Claim 3: Honda teaches the limitations of claim 1 as noted above. Honda further teaches the electric straddled vehicle, further comprising: a seat (Seat) for an operator of the electric straddled vehicle to sit thereon, wherein the second end (2E) of the breather hose (87, 88, 89) is disposed further upward than a lower end (Lower End) of the seat (Annotated Fig. 1).
Claim 4: Honda teaches the limitations of claim 1 as noted above. Honda further teaches the electric straddled vehicle, further comprising: a front wheel (14f), wherein the second end (2E) of the breather hose (87, 88, 89) is disposed further upward than the front wheel (Annotated Fig. 1).
Claim 5: Honda teaches the limitations of claim 1 as noted above. Honda further teaches the electric straddled vehicle, further comprising: a rear wheel (14r), wherein the second end (2E) of the breather hose (87, 88, 89) is disposed further upward than the rear wheel (Annotated Fig. 1).
Claim 6: Honda teaches the limitations of claim 1 as noted above. Honda further teaches the electric straddled vehicle, wherein the electric component (50) is a power unit including an electric motor (52) and a reducer (54) (para. 18, lines 1-3).
Claim 7: Honda teaches the limitations of claim 1 as noted above. Honda further teaches the electric straddled vehicle, wherein the case (50) is waterproof (para. 8, lines 1-4).
Response to Arguments
Applicant's arguments filed on 2/25/2026 have been fully considered but they are not persuasive. Applicant argues on page 5 of the remarks that 91 of Hondo is not considered a cap.
Though not explicitly called out, Fig. 6 shows that there is a mechanism/cover at the end of the pipe which would prevent water from entering the pipe. Applicant’s argument with respect to a breathable waterproof sheet fully closing the through hole of the pipe on page 6 have been considered but is moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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Applicant also argues that Honda does not teach a lid covering a portion of the breathable waterproof sheet. Respectfully, the claim is broadly recited. Honda teaches in Annotated Fig. 1 and Fig. 4 that that the pipe is covered by at least a portion of the breathable waterproof sheet 99.
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.
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/A.R.C./Examiner, Art Unit 3618
/MINNAH L SEOH/Supervisory Patent Examiner, Art Unit 3618
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