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 amendments
This Office Action is in response to the amended file, filed on 09/18/2025. Claims 17-20 are new. Claims 1-20 are presently pending and are presented for examination.
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 1-20 are rejected under35 U.S.C.103 as being unpatentable over Matsuda et al (U.S. Pub. NO. 2015/0258898), and in view KOSAKA et al. (U.S. Pub. NO. 2022/0172912).
With regard to claim 1, Matsuda discloses A control system for a straddled vehicle including an electric motor for driving the straddled vehicle, (The reference discloses a control system of an electric motorcycle includes an electric motor) (Matsuda, Abstract)
The electric motor being configured to generate a drive force, (The reference discloses a regeneration operation member which is operated to set a regenerative torque of the electric motor which regenerative torque is equivalent to drive force.) (Matsuda, [008])
And a regenerative brake force, (The reference discloses a regenerative brake control system.) (Matsuda, [008])
The control system comprising: (The reference discloses a control system.) (Matsuda, [008])
A steering device including: (The reference discloses a steering device.) (Matsuda, [040])
A first handle grip, (The reference discloses a steering device includes a pair of right and left grips.) (Matsuda, [040])
A second handle grip disposed on an opposite side of the first handle grip with reference to a center of the straddled vehicle in a width direction thereof, (The reference discloses a steering device includes a pair of right and left grips.) (Matsuda, [040])
And a brake lever disposed directly in front of the second handle grip; (The reference discloses a brake lever is placed in front of the accelerator grip.) (Matsuda, [042])
A first operating member for controlling the drive force of the electric motor; (The reference discloses the right grip is an accelerator grip for inputting an acceleration command (more specifically, torque command for the power running) for rotating the rear wheel 3 in an accelerative manner.) (Matsuda, [040])
A second operating member for reducing either the drive force or the regenerative brake force of the electric motor, (The reference discloses a brake lever is placed in front of the accelerator grip and a regeneration adjustment lever is provided behind the left grip of the handle. The regeneration adjustment lever serves as a first operation member for adjusting the regenerative torque generated in the electric motor during the regenerative running. Which is equivalent to a second operating member that reduced drive force of the electric motor.) (Matsuda, [042], [043])
the second operating member being in a shape of a lever, (The reference discloses regeneration adjustment lever.) (Matsuda, [043])
And a control device configured to control the drive force of the electric motor in accordance with an operation of the first operating member, (The reference discloses the accelerator grip sensor provides to the control unit an acceleration command corresponding to an angular displacement amount, The motor control section of the control unit adjusts the output torque of the electric motor via the inverter unit, in response to this acceleration command.) (Matsuda, [041])
And reduce either the drive force or the regenerative brake force of the electric motor in accordance with an operation of the second operating member. (The reference discloses the brake lever is attached with a brake sensor. The brake sensor detects whether or not the brake lever has been operated, and sends a detected signal to the control unit.) (Matsuda, [042])
However, Matsuda does not teach and being disposed directly above the brake lever.
KOSAKA teaches and being disposed directly above the brake lever;(The reference teaches the operating device 10A is mounted to the handlebar H via a brake operating device BL1, and the operating device 10B is mounted to the handlebar H via a brake operating device BL2. However, the operating devices 10A and 10B can each be provided with a dedicated handlebar clamp or other mounting structure for mounting to the handlebar H. Each of the operating devices 10A and 10B is connected directly or indirectly to an electric vehicle component by an electrical wire W. the base 20 is configured to mount the operating device 10A to the handlebar H which includes the brake lever) (KOSAKA, [090])
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified A control system for a straddled vehicle including an electric motor for driving the straddled vehicle, the electric motor being configured to generate a drive force, And a regenerative brake force, the control system comprising: a steering device including: a first handle grip, a second handle grip disposed on an opposite side of the first handle grip with reference to a center of the straddled vehicle in a width direction thereof, and a brake lever disposed directly in front of the second handle grip; a first operating member for controlling the drive force of the electric motor; a second operating member for reducing either the drive force or the regenerative brake force of the electric motor, the second operating member being in a shape of a lever, and a control device configured to control the drive force of the electric motor in accordance with an operation of the first operating member, And reduce either the drive force or the regenerative brake force of the electric motor in accordance with an operation of the second operating member disclosed by Matsuda to include the and being disposed directly above the brake lever of KOSAKA. One of ordinary skill in the art would have been motivated to make this modification to improve the ergonomics and optimize the spatial arrangement of the controls on the handlebar of the straddled vehicle. By placing the second operating member, which manages regenerative braking or drive force reduction, directly above the existing brake lever assembly, the design conserves valuable handlebar space and creates an integrated control cluster. This configuration allows a rider to operate both the primary brake and the secondary control using the same hand with minimal movement, enhancing the intuitiveness and speed of operation. This is a common design consideration in vehicle engineering, aimed at improving rider accessibility, control efficiency, and overall safety, representing an obvious design choice when combining the known features of the prior art as suggested by KOSAKA at [090].
With regard to claim 2, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, Matsuda discloses wherein the second operating member is smaller in dimension than the brake lever in the width direction. (The reference discloses the regeneration adjustment lever can be gripped together with the left grip with the rider's left thumb put on the regeneration adjustment lever as well as shown in the illustrations that the second operating member is smaller than the brake lever.) (Matsuda, [043], FIG. 3)
With regard to claim 3, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, KOSAKA discloses wherein the second operating member overlaps the brake lever in a plan view of the straddled vehicle (See at least [014]; discloses first operating member includes a first mounting portion pivotally mounted on a pivot axle of the base. The second operating member includes a second mounting portion pivotally mounted on the pivot axle of the base.)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified A control system for a straddled vehicle including an electric motor for driving the straddled vehicle, the electric motor being configured to generate a drive force and a regenerative brake force, the control system comprising: a steering device including: a first handle grip, a second handle grip disposed on an opposite side of the first handle grip with reference to a center of the straddled vehicle in a width direction thereof, and a brake lever disposed directly in front of the second handle grip; a first operating member for controlling the drive force of the electric motor; a second operating member for reducing either the drive force or the regenerative brake force of the electric motor, the second operating member being in a shape of a lever, and being disposed directly above the brake lever; and a control device configured to control the drive force of the electric motor in accordance with an operation of the first operating member, and reduce either the drive force or the regenerative brake force of the electric motor in accordance with an operation of the second operating member disclosed by Matsuda to include the wherein the second operating member overlaps the brake lever in a plan view of the straddled vehicle of KOSAKA. One of ordinary skill in the art would have been motivated to make this modification to improve the ergonomics and ease of operation for the rider by consolidating controls within close proximity on the handlebar, thereby allowing for simultaneous or rapid successive operation of the brake and the second operating member using the same hand. This design choice, aimed at enhancing rider experience and control accessibility, would be a matter of routine design consideration given the prior art teachings of overlapping or co-located lever configurations as suggested by KOSAKA at [014].
With regard to claim 4, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, Matsuda discloses wherein the second operating member has a pivot center different from a pivot center of the brake lever. (The reference discloses a pivotable adjustment lever for the secondary member that shows the secondary lever is in a different location from the brake lever.) (Matsuda, [043], FIG. 3)
With regard to claim 5, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, KOSAKA discloses wherein the second operating member has a pivot center that is identical to, or substantially identical to, a pivot center of the brake lever. (See at least [100]; discloses since the pivot axis of the brake lever and the pivot axis of the first gear shift member are arranged substantially parallel to each other.)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified A control system for a straddled vehicle including an electric motor for driving the straddled vehicle, the electric motor being configured to generate a drive force and a regenerative brake force, the control system comprising: a steering device including: a first handle grip, a second handle grip disposed on an opposite side of the first handle grip with reference to a center of the straddled vehicle in a width direction thereof, and a brake lever disposed directly in front of the second handle grip; a first operating member for controlling the drive force of the electric motor; a second operating member for reducing either the drive force or the regenerative brake force of the electric motor, the second operating member being in a shape of a lever, and being disposed directly above the brake lever; and a control device configured to control the drive force of the electric motor in accordance with an operation of the first operating member, and reduce either the drive force or the regenerative brake force of the electric motor in accordance with an operation of the second operating member disclosed by Matsuda to include the wherein the second operating member has a pivot center that is identical to, or substantially identical to, a pivot center of the brake lever of KOSAKA. One of ordinary skill in the art would have been motivated to make this modification to achieve a more compact and integrated assembly on the handlebar, leveraging existing mounting points and hardware to simplify manufacturing and assembly processes. By sharing a common pivot center, the combined mechanism would be more robust and mechanically efficient, representing an obvious design choice for a skilled artisan seeking to optimize packaging and reduce part count, particularly given the close spatial relationship and overlapping function of the two levers as suggested by KOSAKA at [100].
With regard to claim 6, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, KOSAKA discloses wherein the second operating member extends approximately in parallel to the brake lever in a plan view of the straddled vehicle. (See at least [100-101]; discloses the pivot axle 24 defines a first pivot axis P 1. The first operating member 21 is pivotally supported on the pivot axle 24. The second operating member 22 is pivotally supported on the pivot axle 24. In other words, the first operating member 21 and the second operating member 22 are pivotally mounted on the pivot axle 24 of the base 20. Thus, here, the first operating member 21 and the second operating member 22 pivot relative to the base 20 about the pivot axle 24.)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified A control system for a straddled vehicle including an electric motor for driving the straddled vehicle, the electric motor being configured to generate a drive force and a regenerative brake force, the control system comprising: a steering device including: a first handle grip, a second handle grip disposed on an opposite side of the first handle grip with reference to a center of the straddled vehicle in a width direction thereof, and a brake lever disposed directly in front of the second handle grip; a first operating member for controlling the drive force of the electric motor; a second operating member for reducing either the drive force or the regenerative brake force of the electric motor, the second operating member being in a shape of a lever, and being disposed directly above the brake lever; and a control device configured to control the drive force of the electric motor in accordance with an operation of the first operating member, and reduce either the drive force or the regenerative brake force of the electric motor in accordance with an operation of the second operating member disclosed by Matsuda to include the wherein the second operating member extends approximately in parallel to the brake lever in a plan view of the straddled vehicle of KOSAKA. One of ordinary skill in the art would have been motivated to make this modification to optimize the arrangement of control elements on the straddled vehicle's handlebar. Placing the second operating member, which controls drive or regenerative brake force reduction, in a position approximately parallel to the brake lever, and both directly in front of and above the second handle grip, creates a compact and ergonomically efficient layout. This arrangement allows a rider to easily access and operate both levers with minimal hand movement, contributing to enhanced control and rider comfort, especially in situations requiring rapid adjustments of both braking and drive/regenerative force. Furthermore, such a parallel configuration facilitates a more straightforward and potentially cost-effective manufacturing process by simplifying the mounting and integration of these control components within the limited space of the handlebar assembly. Therefore, combining the features of Matsuda and KOSAKA as described would have been an obvious design choice for a skilled artisan seeking to improve the usability and packaging of vehicle controls as suggested by KOSAKA at [100-101].
With regard to claim 7, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, KOSAKA discloses wherein the brake lever includes a finger hooked portion for an operator of the straddled vehicle to hook a first finger thereon, (See at least [037], [059]; discloses the operating device is mounted to another operating device in the form of a hydraulic brake operating device. it is possible for a user to simultaneously select different operating modes for the first operating member and the second operating member as needed and/or desired by the user.)
and the second operating member is disposed further on an inner side of the straddled vehicle than the finger hooked portion of the brake lever in the width direction. (See at least [103], [112]; discloses the second mounting portion 32 of the second operating member 22 is provided with a pair of third abutments 56. The third abutments 56 are positioned in the recesses 54 between the first abutments 54 a and the second abutments 54 b of the first operating member 21. first operating lever 28 and the second operating lever 34 are pivotally and coaxially mounted to the base 20.)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified A control system for a straddled vehicle including an electric motor for driving the straddled vehicle, the electric motor being configured to generate a drive force and a regenerative brake force, the control system comprising: a steering device including: a first handle grip, a second handle grip disposed on an opposite side of the first handle grip with reference to a center of the straddled vehicle in a width direction thereof, and a brake lever disposed directly in front of the second handle grip; a first operating member for controlling the drive force of the electric motor; a second operating member for reducing either the drive force or the regenerative brake force of the electric motor, the second operating member being in a shape of a lever, and being disposed directly above the brake lever; and a control device configured to control the drive force of the electric motor in accordance with an operation of the first operating member, and reduce either the drive force or the regenerative brake force of the electric motor in accordance with an operation of the second operating member disclosed by Matsuda to include the wherein the second operating member extends approximately in parallel to the brake lever in a plan view of the straddled vehicle And the second operating member is disposed further on an inner side of the straddled vehicle than the finger hooked portion of the brake lever in the width direction of KOSAKA. One of ordinary skill in the art would have been motivated to make this modification to enhance the ergonomic layout and intuitive operation of the controls on the straddled vehicle's handlebar. By positioning the second operating member, which manages the regenerative braking/drive reduction system, further on an inner side in the width direction than the primary brake lever's finger hooked portion, the design facilitates non-interfering operation of both controls. This specific arrangement prevents the operator's fingers from obstructing each other during use, allowing for distinct and simultaneous manipulation as needed. Furthermore, this configuration optimizes the use of limited handlebar space by integrating two functions in close proximity while ensuring clear access and leverage for each, representing an obvious design choice aimed at improving rider safety, control efficiency, and overall user experience as suggested by KOSAKA at [037], [059], [103], [112].
With regard to claim 8, KOSAKA discloses all of the limitations of claim 7. Additionally, KOSAKA discloses wherein the second operating member includes a finger hooked portion for the operator of the straddled vehicle to hook a second finger thereon, the second finger being different from the first finger, (See at least [008], [102-103]; discloses the second operating lever 34 extends from the second mounting portion 32, and is configured as a user interface for a user to operate the second operating member 22. the first operating member is a separate member from the second operating member. the first operating lever 28 and the second operating lever 34 are pivotally and coaxially mounted to the base 20.)
And the finger hooked portion of the second operating member is disposed at least in part further on a front side of the straddled vehicle than the finger hooked portion of the brake lever. (See at least [008], [090]; discloses a brake lever that sticks out forwardly from the handle and the use of a first finger lever and the use of a finger placement section this addition of the use of a second finger would be obvious extension of the design.)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified A control system for a straddled vehicle including an electric motor for driving the straddled vehicle, the electric motor being configured to generate a drive force and a regenerative brake force, the control system comprising: a steering device including: a first handle grip, a second handle grip disposed on an opposite side of the first handle grip with reference to a center of the straddled vehicle in a width direction thereof, and a brake lever disposed directly in front of the second handle grip; a first operating member for controlling the drive force of the electric motor; a second operating member for reducing either the drive force or the regenerative brake force of the electric motor, the second operating member being in a shape of a lever, and being disposed directly above the brake lever; and a control device configured to control the drive force of the electric motor in accordance with an operation of the first operating member, and reduce either the drive force or the regenerative brake force of the electric motor in accordance with an operation of the second operating member disclosed by Matsuda to include the wherein the second operating member includes a finger hooked portion for the operator of the straddled vehicle to hook a second finger thereon, the second finger being different from the first finger, And the finger hooked portion of the second operating member is disposed at least in part further on a front side of the straddled vehicle than the finger hooked portion of the brake lever of KOSAKA. One of ordinary skill in the art would have been motivated to make this modification to further refine the ergonomic design and facilitate a more intuitive, non-interfering operation of the vehicle's controls. The arrangement, which includes a dedicated finger hooked portion on the second operating member for a different (second) finger than the one used for the brake lever (first finger), allows for simultaneous or rapid, distinct operation of both the regenerative control and the mechanical brake without confusion or physical obstruction. Furthermore, positioning the second operating member's finger hook further forward than the brake lever's finger hook ensures optimal finger reach and leverage for both controls, enhancing rider safety and responsiveness. This configuration is a logical and obvious design choice aimed at maximizing the efficiency and usability of the handlebar assembly, particularly in performance or safety-critical riding scenarios as suggested by KOSAKA at [008], [090], [102-103].
With regard to claim 9, KOSAKA discloses all of the limitations of claim 7. Additionally, KOSAKA discloses wherein the second operating member includes a finger hooked portion for the operator of the straddled vehicle to hook a second finger thereon, the second finger being different from the first finger, (See at least [008], [090], [102-103]; discloses the use of a first finger lever and the use of a finger placement section this addition of the use of a second finger would be obvious extension of the design.)
And the brake lever protrudes forward from the finger hooked portion of the second operating member in a plan view of the straddled vehicle. (See at least [008], [090], [102-103]; discloses a brake lever that sticks out forwardly from the handle and the use of a first finger lever and the use of a finger placement section this addition of the use of a second finger would be obvious extension of the design.)
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified A control system for a straddled vehicle including an electric motor for driving the straddled vehicle, the electric motor being configured to generate a drive force and a regenerative brake force, the control system comprising: a steering device including: a first handle grip, a second handle grip disposed on an opposite side of the first handle grip with reference to a center of the straddled vehicle in a width direction thereof, and a brake lever disposed directly in front of the second handle grip; a first operating member for controlling the drive force of the electric motor; a second operating member for reducing either the drive force or the regenerative brake force of the electric motor, the second operating member being in a shape of a lever, and being disposed directly above the brake lever; and a control device configured to control the drive force of the electric motor in accordance with an operation of the first operating member, and reduce either the drive force or the regenerative brake force of the electric motor in accordance with an operation of the second operating member disclosed by Matsuda to include the wherein the second operating member includes a finger hooked portion for the operator of the straddled vehicle to hook a second finger thereon, the second finger being different from the first finger, And the brake lever protrudes forward from the finger hooked portion of the second operating member in a plan view of the straddled vehicle of KOSAKA. One of ordinary skill in the art would have been motivated to make this modification to create a highly ergonomic and intuitive control interface that facilitates the independent yet coordinated operation of both the regenerative braking/drive reduction system and the primary mechanical brake. This design ensures that the user's fingers have clear, non-interfering access to dedicated contact points on each lever, which is a key consideration for rider safety and operational precision. The specific geometric arrangement, where the main brake lever protrudes further forward than the finger hook on the second operating member, is a logical design choice aimed at achieving optimal leverage and feel for the more critical, primary braking function, while still making the secondary control easily accessible. Such optimization of lever shape, position, and user interface is a routine design consideration for one of ordinary skill in the art when developing efficient and safe straddled vehicle control systems as suggested by KOSAKA at [008], [090], [102-103].
With regard to claim 10, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, Matsuda discloses a mode switching member for switching the control device between a first mode (The reference discloses the regenerative mode switch selects one from among a plurality of adjusted regeneration amounts.) (Matsuda, [045])
And a second mode, wherein the steering device further includes a handlebar, (The reference discloses a bar-type handle with pair of right and left grips.) (Matsuda, [025], [040])
And the mode switching member is disposed on a front surface of the handlebar, and directly behind the brake lever. (The reference discloses the regeneration adjustment lever can be gripped together with the left grip with the rider's left thumb put on the regeneration adjustment lever as well which is positioned below the brake lever which is equivalent and the mode switching member is disposed on a front surface of the handlebar, and directly behind the brake lever.) (Matsuda, [043])
With regard to claim 11, Matsuda discloses all of the limitations of claim 10. Additionally, Matsuda discloses wherein the mode switching member is disposed between the second handle grip and a pivot shaft of the second operating member. (The reference discloses the regenerative mode switch as attached to the left grip of the handle while also teaching pivotable adjustment lever for the secondary member.) (Matsuda, [043])
With regard to claim 12, Matsuda discloses all of the limitations of claim 10. Additionally, Matsuda discloses wherein the control device controls a rotational speed of the electric motor to be less than or equal to a first upper limit in the first mode, (The reference discloses the accelerator grip sensor provides to the control unit an acceleration command corresponding to an angular displacement amount, The motor control section of the control unit adjusts the output torque of the electric motor via the inverter unit, in response to this acceleration command.) (Matsuda, [041])
And controls the rotational speed of the electric motor to be less than or equal to a second upper limit greater than the first upper limit in the second mode, (The reference discloses the regenerative mode switch selects one from among a plurality of adjusted regeneration amounts which is equivalent to different operational modes.) (Matsuda, [045])
And the control device changes from the first mode to the second mode in accordance with an operation of the mode switching member, so as to control the rotational speed of the electric motor in the second mode. (The reference discloses a desired regenerative mode can be selected. Or, in a case where the rider does not select a desired regenerative mode by using the regenerative mode switch, a preset normal regenerative mode is automatically selected.) (Matsuda, [045])
With regard to claim 13, Matsuda discloses all of the limitations of claim 10. Additionally, Matsuda discloses wherein the mode switching member is configured to be pressed from a front side of the handlebar to a rear side of the handlebar. (The reference discloses the regenerative mode switch includes two input buttons which are an upshifting button a and a downshifting button. When the rider pushes either the upshifting button or the downshifting button with the rider′ left thumb while gripping the left grip, a desired regenerative mode can be selected.) (Matsuda, [045])
With regard to claim 14, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, Matsuda discloses wherein the first operating member is disposed on the first handle grip. (The reference discloses a brake lever is placed in front of the accelerator grip.) (Matsuda, [042])
With regard to claim 15, KOSAKA discloses all of the limitations of claim 9. Additionally, Matsuda discloses a load adjusting device adjusting an operating load acting on the second operating member based on an operating position of the second operating member. (The reference discloses the regeneration adjustment lever is applied with a biasing force for returning the regeneration adjustment lever to the reference position which constitutes a load adjusting mechanism.) (Matsuda, [043])
With regard to claim 16, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, Matsuda discloses A straddled vehicle comprising: an electric motor for driving the straddled vehicle. (The reference discloses a control system of an electric motorcycle includes an electric motor) (Matsuda, Abstract)
With regard to claim 17, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, Matsuda discloses wherein the second operating member is configured to be individually movable relative to the brake lever. (The reference discloses wherein the regeneration operation member may be provided separately from the braking operation member) (Matsuda, [012])
With regard to claim 18, Matsuda discloses all of the limitations of claim 17. Additionally, Matsuda discloses wherein the second operating member is not interlocked with the brake lever. (The reference discloses In this configuration, a regenerative braking (braking using regenerative torque) operation can be performed independently of a braking operation.) (Matsuda, [012])
With regard to claim 19, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, Matsuda discloses further comprising an urging member, wherein the second operating member is operable to pivot between a first position and a second position behind the first position, the second operating member being urged to the first position by the urging member. (The reference discloses the regeneration adjustment lever 32 is applied with a biasing force for returning the regeneration adjustment lever 32 to the reference position. is pivotable to be away from a predetermined reference position.) (Matsuda, [043])
With regard to claim 20, Matsuda-KOSAKA discloses all of the limitations of claim 1. Additionally, Matsuda discloses wherein the second operating member is disposed inside a flange of the second handle grip. (The reference discloses a regeneration adjustment lever 32 is provided behind the left grip 36 of the handle 8.) (Matsuda, [043])
Response to amendments
Applicant's arguments filed 09/18/2025 have been fully considered but they are not persuasive.
Applicant's amendments overcome the 35 U.S.C. §102 rejections of claims 1-20
Applicant's amendments do not overcome the 35 U.S.C. §103 rejections of claims 1-20
Applicant’s arguments with respect to claim(s) 3 have been considered but are 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.
(A) Applicant argues… Claims 1-2, 4, 10-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsuda et al (U.S. 2015/0258898, hereinafter "Matsuda"). The rejection of claim 1 is respectfully traversed.
Claim 1 reads as follows: A control system for a straddled vehicle including an electric motor for driving the straddled vehicle, the electric motor being configured to generate a drive force and a regenerative brake force, the control system comprising: a steering device including: a first handle grip, a second handle grip disposed on an opposite side of the first handle grip with reference to a center of the straddled vehicle in a width direction thereof, and a brake lever disposed directly in front of the second handle grip; a first operating member for controlling the drive force of the electric motor; a second operating member for reducing either the drive force or the regenerative brake force of the electric motor, the second operating member being in a shape of a lever, and being disposed directly above the brake lever; and a control device configured to control the drive force of the electric motor in accordance with an operation of the first operating member, and reduce either the drive force or the regenerative brake force of the electric motor in accordance with an operation of the second operating member. The Examiner relies on Matsuda for a disclosure of the claimed invention. Specifically, the Examiner alleges that Matsuda teaches a brake lever disposed directly in front of the second handle grip; (The reference discloses a brake lever is placed in front of the accelerator grip.) (Matsuda, [042]) A first operating member for controlling the drive force of the electric motor; (The reference discloses the right grip is an accelerator grip for inputting an acceleration command (more specifically, torque command for the power running) for rotating the rear wheel 3 in an accelerative manner.) (Matsuda, [040]) A second operating member for reducing either the drive force or the regenerative brake force of the electric motor, the second operating member being in a shape of a lever, and being disposed directly above the brake lever; (The reference discloses a brake lever is placed in front of the accelerator grip and a regeneration adjustment lever is provided behind the left grip of the handle. The regeneration adjustment lever serves as a first operation member for adjusting the regenerative torque generated in the electric motor during the regenerative running. Which is equivalent to a second operating member that reduced drive force of the electric motor.) (Matsuda, [042], [043]) (see Action, pp. 3-4); emphasis added). Applicant respectfully disagrees. In Matsuda, [0040] As shown in FIG. 3, the handle 8 as a steering device includes a pair of right and left grips 30, 36. As shown in FIG. 3, the pair of right and left grips 30, 36 which are gripping members are provided at the right end portion and the left end portion of the handle 8, respectively. The right grip 30 is an accelerator grip for inputting an acceleration command (more specifically, torque command for the power running) for rotating the rear wheel 3 in an accelerative manner. The accelerator grip 30 which is an acceleration operation member is rotatable around an axis L1 along which the handle 8 extends, and is placed in a predetermined reference position in a state in which the accelerator grip 30 is not operated by the rider. [0042] A brake lever 31 is placed in front of the accelerator grip 30. The brake lever 31 is an operation member which is operated to activate a front wheel brake mechanism (not shown) provided for the front wheel 2. When the rider pulls the brake lever 31 toward the rider (in a direction which is closer to the rider), the front wheel brake mechanism is activated to apply a mechanical braking force to the front wheel 2. By adjusting the displacement amount of the brake lever 31, the braking force applied to the front wheel 2 can be adjusted. The brake lever 31 is attached with a brake sensor 41. The brake sensor 41 detects whether or not the brake lever 31 has been operated, and sends a detected signal to the control unit 22. [0043] In the present embodiment, a regeneration adjustment lever 32 is provided behind the left grip 36 of the handle 8. The regeneration adjustment lever 32 serves as a first operation member for adjusting the regenerative torque generated in the electric motor 5 during the regenerative running. The regeneration adjustment lever 32 can be gripped together with the left grip 36 with the rider's left thumb put on the regeneration adjustment lever 32. When the rider pushes the regeneration adjustment lever 32 with the rider's left thumb in a direction away from the rider, the regeneration adjustment lever 32 is pivotable to be away from a predetermined reference position. The regeneration adjustment lever 32 is applied with a biasing force for returning the regeneration adjustment lever 32 to the reference position. When the rider releases the regeneration adjustment lever 32 in a state in which the rider pushes the regeneration adjustment lever 32 with the rider's left thumb in the direction away from the rider, the regeneration adjustment lever 32 returns to the reference position (emphasis added). Fig. 3 of Matsuda is reproduced below with the braker level 31 (the alleged "brake lever") and the regeneration adjustment lever 32 (the alleged "second operating member") highlighted. Thus, as is clear from the annotated Fig. 3 above, in Matsuda, the regeneration adjustment lever 32 (the alleged "second operating member"; in blue) is not "directly above" the braker level 31 (the alleged "brake lever"; in red). As such, Matsuda does not teach "the second operating member being in a shape of a lever, and being disposed directly above the brake lever," as required by claim 1. It is noted that the Examiner reasons "The reference discloses a brake lever is placed in front of the accelerator grip and a regeneration adjustment lever is provided behind the left grip of the handle" in the Action. However, the spatial relationship of being respectively "front of' and "behind" the left grip of the handle does not make the regeneration adjustment lever 32 (the alleged "second operating member"; in blue) "above" the braker level 31 (the alleged "brake lever"; in red), let alone "directly above." In this regard, one might argue that the lever 34 (marked in green above) of Matsuda is equateable to the "brake lever." This argument would be improper, because Matsuda specifically explains that the level 34 is a clutch lever, as follows: [0047] As shown in FIGS. 2 and 3, the electric motorcycle 1 includes a clutch lever 34. The clutch lever 34 is placed in front of the left grip 36. In the present embodiment, the clutch lever 34 serves as an operation member which performs switching between a driving power cut-off state and a driving power transmitted state. The clutch lever 34 so configured is attached with a clutch sensor 44. The clutch sensor 44 is a switching sensor and detects whether or not the clutch lever 34 has been operated. The clutch sensor 44 is connected to the control unit 22, and sends a detected signal to the control unit 22 (emphasis added). That is, the lever 34 of Matsuda cannot be equated to a brake lever. Therefore, Matsuda does not disclose, or even suggest, all of the features recited in claim 1, and thus does not anticipate the claim or otherwise render the claim obvious. Claims 2, 4, 10-14 and 16 ultimately depend from claim 1, and are thus patentable over Matsuda for at least the reasons advanced above as to the patentability of claim 1. Therefore, the rejection of claims 1, 2, 4, 10-14 and 16 should be reconsidered and withdrawn.
As to (A), the Examiner respectfully disagrees with the applicant's assertion that Matsuda et al. (U.S. 2015/0258898, hereinafter "Matsuda") alone provides all the necessary disclosures to anticipate claim 1. The Examiner appreciates the applicant's detailed traversal regarding the precise location of the regeneration adjustment lever 32 in Matsuda's Figure 3 relative to the brake lever 31, and concedes that Matsuda's single reference may not explicitly teach the specific spatial arrangement of the second operating member being "disposed directly above the brake lever" as required by claim 1. However, the rejection of claims 1, 2, 4, 10-14, and 16 is properly maintained under 35 U.S.C. 103(a) as being obvious over the combination of Matsuda and the teachings of Kosaka et al. (U.S. Patent Pub. No. 2018/0345869, hereinafter "Kosaka").
The combination of prior art references provides the necessary basis for the obviousness rejection. Matsuda discloses all the core functional components and relationships recited in claim 1, including the electric motor control, the steering device with grips, the brake lever, the first operating member (accelerator), the second operating member (regeneration adjustment lever), and the control device for coordinating them. The only feature remaining is the specific physical placement "directly above the brake lever." Kosaka teaches the known engineering practice of integrating various control devices onto a handlebar, often by mounting auxiliary controls "via a brake operating device" (Kosaka, paragraph [090]). This suggests the established design principle of consolidating controls for efficiency and space management.
It would have been a matter of obvious design choice for one of ordinary skill in the art (POSITA) to combine the functional system taught by Matsuda with the physical integration principles disclosed by Kosaka. The motivation for this modification is rooted in well-established ergonomic and design considerations in vehicle engineering: maximizing the limited real estate on a straddled vehicle's handlebar and enhancing user interface efficiency. Placing a secondary, related control (regenerative braking adjustment) directly above the primary braking control allows the rider to operate both functions with minimal hand movement and intuitive action. This type of compact, integrated control cluster is a predictable and logical design solution available to a POSITA seeking to improve accessibility, control efficiency, and safety. Therefore, the combination of Matsuda and Kosaka renders the specific configuration of claim 1, and its dependent claims, obvious. The rejection is maintained.
(B) Applicant argues… Claims 3, 5-9, 15 are rejected under35 U.S.C. 103 as being unpatentable over Matsuda in view of Shikanai et al. (U.S. 2016/0090145, hereinafter "Shikanai"). Claims 3, 5-9 and 15 ultimately depend from claim 1. In addition, the other cited prior art, Shikanai, also fails to provide any disclosure, teaching or suggestion that makes up for the deficiencies in Matsuda. Specifically, Shikanai also fails to teach the above-described feature missing from Matsuda. It is noted that the Examiner states, with respect to the rejection of claim 3, that SHIKANAI, in the same field of endeavor, teaches wherein the second operating member overlaps the brake lever in a plan view of the straddled vehicle, (See at least [049], [066]; discloses a lock lever that is placed above the brake lever which is equivalent.) It would have been obvious to one of ordinary skill in the art, before the effective filing date and with a reasonable likelihood of success, would have been motivated to modify the disclosure of Matsuda with the teachings of SHIKANAI, because SHIKANAI merely indicates additional ways in which the optimizing data throughput between subsets disclosed in Matsuda may be traversed; see at least SHIKANAI at ([049], [066]) and Matsuda at ([041-043]) (Action, p. 8; emphasis added). Applicant respectfully disagrees. 1[0049] and [0066] of Shikanai read as follows: [0049] A screw or a pivot bolt 52 is screwed into the female threaded section 45 to secure a lock lever 51. At this time, one end of a torsion spring 53 is inserted into the spring clamping hole 46, and the other end thereof is pressed against a spring receiver 54 so that the torsion spring 53 spans between the parking lever 36 and the lock lever 51. The lock lever 51 includes a finger placement section 55. [0066] As illustrated in FIG. 7, a lever lock mechanism 50 includes the stopper member 39, the lock lever 51, and the torsion spring 53. The stopper member 39 is provided on the bracket main body 31. The lock lever 51 and the torsion spring 53 are provided on the parking lever 36. As such, contrary to the Examiner's reading, Shikanai does not teach in these paragraphs a second operating member that is in a shape of a lever, and is disposed directly above a brake lever. In fact, Shikanai does not teach a brake lever at all, only the lock lever 51 and the parking lever 36, yet neither of the lock lever 51 and the parking lever 36 is for "reducing either the drive force or the regenerative brake force of the electric motor". Thus, the lock lever 51 and the parking lever 36 can be equated to neither "a brake lever" nor "a second operating member." Therefore, claims 3, 5-9 and 15 are patentable over Matsuda and Shikanai for at least the reasons advanced above as to the patentability of claim 1. The rejection of claims 3, 5-9 and 15 should thus be reconsidered and withdrawn. Claims 17-20 have been added to further protect the invention, and are patentable over the prior art of record for at least their ultimate dependencies on claim 1.
As to (B), Examiner respectfully disagrees, the examiner appreciates the applicant’s position 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 ALI BAKKAR whose telephone number is (571)272-4321. The examiner can normally be reached on Monday-Friday: 7:00 am to 3:30 pm EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Hitesh Patel can be reached on (571) 270-5442.
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/ALI J BAKKAR/Examiner, Art Unit 3667
/Hitesh Patel/Supervisory Patent Examiner, Art Unit 3667
11/20/25
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