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 May 11, 2026, regarding the 35 U.S.C.102/103 claim rejections (pages 7-10) have been fully considered but are moot because the arguments do not apply to the references as being used in the current rejection.
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.
Claims 1, 3, 5-9, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over SATORU (CN-1282695-A) in view of Shinohara (EP-0669246-A1) (note: the underlined portions relate to the latest amendment, for the applicant’s convenience).
Regarding Claim 1, SATORU teaches a straddled vehicle (Small Motorcycle 1, Fig. 1) comprising:
a base (Footrest 9/10, Fig. 1) including
a base opening (Recess 24, Fig. 2) through which an accommodating space is open to an upper side (Recess 24 being open on the upper end as illustrated in Fig. 2) and
an opposing portion (the bottom wall of Surrounding Groove 27, Fig. 11; see also “OpP-1”, Figs. 11 and 12 Annotated) located around the base opening (Surrounding Groove 27 being formed around Recess 24 as illustrated in Fig. 5);
an outer lid (Service Cover 11, Fig. 4) that opens and closes the base opening (Service Cover 11 removably covering- i.e. opening and closing- Recess 24 as illustrated in Fig. 4);
a projection (Peripheral Wall 44, Fig. 7) that is located at one of the outer lid and the base (Peripheral Wall 44 being located on Service Cover 11 and interacting with Footrest 9/10 as illustrated in Fig. 7), is located outside the base opening (Peripheral Wall 44 being located outside of Recess 24 as illustrated in Fig. 7), and projects in an upper-lower direction toward the other of the outer lid and the base (Peripheral Wall 44 projecting downwards toward Footrest 9/10 as illustrated in Fig. 7); and
an outer wall (the left wall of Surrounding Groove 27 as illustrated in Fig. 12; see also “OW”, Figs. 11 and 12 Annotated) that is located at the outer lid or the base (Surrounding Groove 27 being formed in Footrest 9/10), faces the projection (44) from an outside (the left wall of Surrounding Groove 27 being to the left of/ on an outside side of Recess 24 to Peripheral Wall 44 as illustrated in Fig. 12), and is located between the outer lid (11) and the opposing portion (27) in the upper-lower direction (the left wall of Surrounding Groove 27 being vertically between Service Cover 11 and the bottom wall of Surrounding Groove 27 as illustrated in Fig. 12), wherein:
the opposing portion (27) is inclined relative to a horizontal direction (as illustrated in Fig. 12); and
the outer wall (27) includes a drain passage (Locking Holes 29m, 29l and 29r, Fig. 11 and Para. [0067]) that is located at a position lower than an upper end of the opposing portion (27) and extends from an inside of the outer wall to an outside of the outer wall (Locking Holes 29m, 29l and 29r being lower than an upper end of Surrounding Groove 27 and extending through Surrounding Groove 27 as illustrated in Fig. 12),
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the projection (44) is a seal that seals a gap (Surrounding Groove 27 forming a gap) between the outer lid (11) and the opposing portion (27) in the upper-lower direction (Peripheral Wall 44 covering/ sealing the gap formed by Surrounding Groove 27 between Service Cover 11 and the bottom wall of Surrounding Groove 27 as illustrated in Fig. 7);
the outer wall (27) includes a cutout portion (Locking Holes 29m, 29l and 29r, Fig. 11) having a shape obtained by partially cutting out the outer wall (Locking Holes 29m, 29l and 29r being cut into Surrounding Groove 27 as illustrated in Fig. 11), and the cutout portion (29m, 29l and 29r) defines the drain passage (Para. [0067]).
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SATORU does not teach an inside portion of the outer lid that sandwiches the seal.
Shinohara teaches, in another straddled vehicle (Scooter 10, Fig. 1), a lid (Battery Cap 26, Fig. 7) that includes an inside portion (“IP”, Fig. 7 Annotated) that sandwiches a seal (Seal 26b, Fig. 7) together with an opposing portion (“OpP”, Fig. 7 Annotated) in a state where the lid (26) closes an opening (Battery Cap 26 being closed over an opening as illustrated in Fig. 3 and 7), and an outside portion (“OtP”, Fig. 7 Annotated) that is located outside the inside portion (IP) and covers a wall (“WL”, Fig. Annotated) from the outside in a state where the lid (26) closes the opening (Fig. 7 Annotated).
The lid (26) of Shinohara extends to an outside of a [seal] (26d) and the wall (WL) so as to cover a periphery of the wall (WL) from the outside in a state where the lid (WL) closes the opening (Battery Cap 26 extending to the outside of Wall WL as illustrated in Fig. 7 Annotated) (note: these teachings relate to claim 12, as discussed below).
The lid (26) of Shinohara extends downward beyond an end portion (“EP”, Fig. 7 Annotated) of the wall (WL) extending downward or upward from the lid (26) or a base in a state where the lid (26) closes the opening (Outside Portion OtP of Battery Cap 26 extending downward beyond End Portion EP of Wall WL, Fig. 7 Annotated) (note: these teachings relate to claim 13, as discussed below).
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It would have been obvious to a person of ordinary skill in the art having the teachings of SATORU and Shinohara in front of them before the effective filing date of the claimed invention, to modify SATORU’s straddled vehicle such that an inside portion of a lid sandwiches a seal as suggested by Shinohara. A person of ordinary skill in the art would have appreciated the advantage of providing an inner portion to further block the ingress of water to a vehicle cavity that would beneficially make a more weather and water-resistant vehicle.
Regarding Claim 3, SATORU further teaches that:
the seal (44) has an elongated shape that is longer than an outer periphery of the base opening (Peripheral Wall 44 encircling Recess 24such that it is considered to have an elongated shape that is longer than the circumference of Recess 24); and
the seal (44) includes a portion where the seal partially overlaps itself in a radial direction of the base opening (Peripheral Wall 44 forming a hook-like feature such that it partially overlaps itself in a left-right/ radial direction as illustrated in Fig. 7).
Regarding Claim 5, SATORU further teaches a side stand (Legs 39, Fig. 1) by which the straddled vehicle (1) stands by itself in a state of being inclined toward a first side (left) in a vehicle width direction (Para. [0071] teaches that the Small Motorcycle 1 tilts to the left side when parked with Legs 39), wherein
when the straddled vehicle (1) stands by itself by using the side stand (39), a lowest position of the opposing portion (27) at which the seal (44) is exposed (Peripheral Wall 44 being exposed by Locking Hole 29l) is located at the first side (left) of the base opening (24) in the vehicle width direction (a lowest part of Surrounding Groove 27 being located toward the left side while the Small Motorcycle 1 is supported by Legs 39 as understood by Fig. 1 & 4).
Regarding Claim 6, SATORU further teaches a case (Electrical Box 22, Fig. 5).
SATORU does not teach that the case comprises an inner lid.
Shinohara teaches a case (Battery Holder 4, Fig. 2) including a case opening (Battery Holder 4 opening in an upward direction as illustrated in Fig. 2); and an inner lid (Battery Cap 26, Fig. 3, understood as inner in that Frame Cover 8 acts as an outer cover as illustrated in Fig. 3) that opens and closes the case opening (Battery Cap 26 removably covering- i.e. opening and closing Battery Holder 4 as illustrated in Fig. 3), wherein:
a base (Leg Rear 2, Fig. 3) includes a base space (a space formed in Leg Rear 2 between Left and Right Extending Portions 2a, as illustrated in Fig. 3 and taught in Para. [0023]) therein; and
the base space (2a) includes a space located at an upper side of the inner lid (the space formed in Leg Rear 2 between Left and Right Extending Portions 2a being formed adjacent to an upper side of Battery Cap 26).
The case (4) of Shinohara is arranged such that it further comprises a main body (Battery Holder 4 generally forming a main body, Fig. 2) that defines an accommodating space (Battery Holder 4 being open on the upper end as illustrated in Fig. 3), a case opening (the open upper end of Battery Holder 4, Fig. 3), and a flange (Channel Portions 4c, Fig. 7) that is located around the case opening and projects from the main body to a radially outer side (Channel Portions 4c projecting radially outwards from Battery Holder 4 as illustrated in Fig. 7), wherein a base (Leg Rear 2, Fig. 3) includes an eaves portion (Cover Side Front 6, Fig. 7) that covers the flange from above (Cover Side Front 6 at least partially covering the flange formed by Channel Portions 4c, as illustrated in Fig. 7) (note: these teaching relate to claim 7, as discussed below).
It would have been obvious to a person of ordinary skill in the art having the teachings of SATORU and Shinohara in front of them before the effective filing date of the claimed invention, to modify SATORU’s straddled vehicle to include a case with an inner lid as suggested by Shinohara. A person of ordinary skill in the art would have appreciated the advantage of providing an extra layer of weather protection for a battery or other sensitive component that would beneficially make a vehicle more weather resistant.
Regarding Claim 7, SATORU, as modified by Shinohara, teaches all limitations (see the 103 rejection of claim 6 above for the teachings of Shinohara and motivation to combine them with SATORU’s straddled vehicle).
Regarding Claim 8, SATORU further teaches a case (Electrical Box 22, Fig. 5) including a bottom wall (Bottom Inner Surface 22a, Fig. 5), wherein
the bottom wall (22a) includes a bottom wall drain hole (Drain Hole 37, Fig. 5) through which water having entered the accommodating space is discharged from the accommodating space (Para. [0028]).
Regarding Claim 9, SATORU further teaches:
a case (Electrical Box 22, Fig. 5) including a bottom wall (Bottom Inner Surface 22a, Fig. 5) and a peripheral wall (the wall formed by at least Rack 31, Holders 34, and Enlarged Portion 51, as illustrated in Fig. 4) that extends upward from the bottom wall (22a) and surrounds the accommodating space and a case opening (the walls of Rack 31, Holders 34, and Enlarged Portion 51 extending upward from Bottom Inner Surface 22a and surrounding the space of Recess 24, and being open in an upward direction as illustrated in Fig. 4); and
the peripheral wall includes a peripheral wall drain hole through which water having entered the accommodating space is discharged from the accommodating space.
SATORU does not teach an inner lid, but Shinohara does (see the 103 rejection of claim 6 above for the teachings of Shinohara and motivation to combine them with SATORU’s straddled vehicle).
Regarding Claim 11, SATORU further teaches that:
the seal (44) is located at the outer lid (Peripheral Wall 44 being formed in Service Cover 11, Fig. 7);
the outer wall (27/ OW) is located at the base (Outer Wall OW of Surrounding Groove 27 being formed in Footrest 10, Fig. 5); and
the outer wall (27/ OW) extends upward beyond a portion (“CtP”, Fig. 12 Annotated) where the seal (44) and the opposing portion (27/OpP-1) contact each other (Outer Wall OW of Surrounding Groove 27 extending above a Contact Portion CtP of Peripheral Wall 44 and Opposing Portion OpP-1 of Surrounding Groove 27, Fig. 12 Annotated), in a state where the outer lid (11) closes the base opening (24).
Regarding Claim 12, SATORU teaches a straddled vehicle (Small Motorcycle 1, Fig. 1) comprising:
a base (Footrest 9/10, Fig. 1) including
a base opening (Recess 24, Fig. 2) through which an accommodating space is open to an upper side (Recess 24 being open on the upper end as illustrated in Fig. 2) and
an opposing portion (the bottom wall of Surrounding Groove 27, Fig. 11) located around the base opening (Surrounding Groove 27 being formed around Recess 24 as illustrated in Fig. 5);
an outer lid (Service Cover 11, Fig. 4) that opens and closes the base opening (Service Cover 11 removably covering- i.e. opening and closing- Recess 24 as illustrated in Fig. 4);
a projection (Peripheral Wall 44, Fig. 7) that is located at one of the outer lid and the base (Peripheral Wall 44 being located on Service Cover 11 and interacting with Footrest 9/10 as illustrated in Fig. 7), is located outside the base opening (Peripheral Wall 44 being located outside of Recess 24 as illustrated in Fig. 7), and projects in an upper-lower direction toward the other of the outer lid and the base (Peripheral Wall 44 projecting downwards toward Footrest 9/10 as illustrated in Fig. 7); and
an outer wall (the left wall of Surrounding Groove 27 as illustrated in Fig. 12) that is located at the outer lid or the base (Surrounding Groove 27 being formed in Footrest 9/10), faces the projection (44) from an outside (the left wall of Surrounding Groove 27 being to the left of/ on an outside side of Recess 24 to Peripheral Wall 44 as illustrated in Fig. 12), and is located between the outer lid (11) and the opposing portion (27) in the upper-lower direction (the left wall of Surrounding Groove 27 being vertically between Service Cover 11 and the bottom wall of Surrounding Groove 27 as illustrated in Fig. 12), wherein:
the opposing portion (27) is inclined relative to a horizontal direction (as illustrated in Fig. 12); and
the outer wall (27) includes a drain passage (Locking Holes 29m, 29l and 29r, Fig. 11 and Para. [0067]) that is located at a position lower than an upper end of the opposing portion (27) and extends from an inside of the outer wall to an outside of the outer wall (Locking Holes 29m, 29l and 29r being lower than an upper end of Surrounding Groove 27 and extending through Surrounding Groove 27 as illustrated in Fig. 12),
SATORU does not teach that the outer lid extends outside of the outer wall but Shinohara does (see the 103 rejection of claim 1above for the teachings of Shinohara and motivation to combine them with the SATORU’s straddled vehicle).
Regarding Claim 13, SATORU, as modified by Shinohara teaches all limitations (see the 103 rejection of claim 1above for the teachings of Shinohara and motivation to combine them with the SATORU’s straddled vehicle).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over SATORU and Shinohara in view of OISHI (US-20170033340-A1).
Regarding Claim 4, SATORU further teaches that:
the opposing portion (27) is inclined downward from a first side (left/ front, Fig. 1 and 7) to a second side (right/ rear, Fig. 1 and 7) in a front-rear direction (Surrounding Groove 27 inclining downward from right/ rear to left/ front as illustrated in Fig. 1 and 7);
SATORU does not teach that the seal overlaps itself.
OISHI teaches, in a battery pack case (Abstract), a seal (Seal 40, Fig. 5) that includes a first longitudinal end portion (First End 40 a, Fig. 5) and a second longitudinal end portion (Second End 40 b, Fig. 5) opposite to the first longitudinal end portion (First End 40 a and Second End 40 b being located on opposite ends of Seal 40 as illustrated in Fig. 5 and taught it Para. [0020]);
a portion (Inner Overlapping Portion 71, Fig. 5) of the seal (40) which extends from the first longitudinal end portion (40 a) and a portion (Outer Overlapping Portion 72, Fig. 5) of the seal (40) which extends from the second longitudinal end portion (40 b) overlap each other (as illustrated in Fig. 5); and
an end portion (40 b) located at an outer side (right, Fig. 5) out of the first longitudinal end portion (40 a) and the second longitudinal end portion (40 b) is located lower than an end portion (40 a) located at an inner side (left, Fig. 5) out of the first longitudinal end portion (40 a) and the second longitudinal end portion (Second End 40 b being located to an outer side and lower than First End 40 a as illustrated in Fig. 5).
OISHI further teaches that when portions of a seal overlap each other the sealing of a case is improved (Para. [0007]).
It would have been obvious to a person of ordinary skill in the art having the teachings of SATORU, Shinohara, and OISHI in front of them before the effective filing date of the claimed invention, to modify SATORU’s straddled vehicle such that the seal overlaps itself as suggested by OISHI. A person of ordinary skill in the art would have appreciated the advantage improving the sealing of a case a taught by OISHI and discussed above that would beneficially make a vehicle more weather resistant.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over SATORU and Shinohara in view of Kashiwai (US-20140318880-A1).
Regarding Claim 10, SATORU further teaches that the accommodating space (24) accommodates a battery (Battery 32, Fig. 7), and a driving wheel (illustrated in Fig. 1).
SATORU does not teach an electric motor that drives the vehicle.
Kashiwai, in another straddled vehicle (Scooter, Abstract and Fig. 1), teaches a battery (Battery 27, Fig. 1) that supplies electric power to an electric motor (Electric Motor 38, Fig. 1) that drives a driving wheel (Rear Wheel WR, Fig. 1) of the straddled vehicle (Para. [0077]).
It would have been obvious to a person of ordinary skill in the art having the teachings of SATORU, Shinohara, and Kashiwai in front of them before the effective filing date of the claimed invention, to modify SATORU’s straddled vehicle to include an electric motor that drives the vehicle as suggested by Kashiwai. A person of ordinary skill in the art would have appreciated the advantage of providing drive power for the vehicle from the battery that would beneficially make a more versatile vehicle.
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 TYLER JAY STANLEY whose telephone number is (571)272-3329. The examiner can normally be reached Monday- Friday 8:30-5:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu, Ph.D. can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYLER JAY STANLEY/Examiner, Art Unit 3611 /VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
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