DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after May 19, 2022, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 10 is objected to because of the following informalities: All the element . For consistency, all element numbers should be removed. Appropriate correction is required.
Claim Interpretation
Claims 1, 3 and 9 recite the phrase “first and second” are interpreted as indicating “the left and right side” of the motorcycle or scooter frame.
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 10 is rejected under 35 U.S.C. 112(b), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the phrase: “the fender is mainly arranged on the opposite side of the ray joining the intersection points (P1, P2) relative to the open sides of the recesses”. The term “mainly arranged” is a subjective, relative expression that lacks objective boundaries and does not inform, with reasonably certainty, the scope of the claim positional relationship. The claim does not specify what proportion, extent, or spatial threshold constitute “mainly”, nor does it provide a measurable criterion for determining whether a given fender arrangement falls within or outside the scope of the claim. As a result, one of ordinary skill in the art would be unable to ascertain the metes and bounds of the claimed invention with reasonable certainty. Therefore, the claim 10 in indefinite.
Claim 10 recites the limitation “the brake caliper” in lines 3-4. There is insufficient antecedent basis for this limitation in the claim.
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 non-obviousness.
Claims 1-4, 7 and 9-10 are rejected under 35 USC 103 as being unpatentable over Shimizu Kenichi (JP 2007106203 A; hereinafter, “Shimizu”) in view of Hombo (US Pub. 20130075180 A1).
Regarding claim 1, Shimizu discloses: a motorcycle (10, figs. 1-10) comprising: - a rear wheel (11b, fig. 1) with hub motor (56a), said hub motor (56a, fig. 1; [0024]) comprising a hub motor axis (central shaft 55 axis) having first and second opposite end portions (left and right opposite end of shaft 55);
- a swingarm (rear arm 14, [0021]) comprising a first and a second arm (“pair of arms”; [0041]);
- a disc brake (56b, fig. 1), arranged on the side of the first arm of the swingarm (14), comprising a braking disc (56b) rotationally integral with said wheel (11b) and a brake caliper (fig. 1) fixed to said swingarm (14),
wherein the first (left 14) and second arms (right 14) of the swingarm (14) comprise a first and second coupling recesses (fig. 1), respectively, which are configured to receive the first and second end portions of the hub motor axis (axis at hub motor 56a), respectively, and wherein the brake caliper (fig. 1) is angularly spaced (fig. 1 shows angularly spaced) about the hub motor axis (axis at hub motor 56a) relative to said main extension direction (center direction of the rear part of the swingarms) so as to allow to remove said wheel (11b) from said motorcycle (10) without the brake disc (56b) mechanically interfering with the brake caliper (see fig. 1).
Shimizu does not appear to explicitly teach that the first and second arms of the swingarm (14) have each an open side to allow to uncouple the hub motor axis from said swingarm and remove said wheel from the motorcycle, wherein said first and second coupling recesses extend according to a main extension direction which is inclined relative to the ground so that said open sides face the ground; however,
Hombo in another two-wheeled motor vehicle similar to Shimizu teaches the first and second arms of the swingarm (left 8 and right 8, fig. 8 ) have each an open side (42A, 42B; annotated fig. 2 below) to allow to uncouple the hub motor axis (axis at center of hub motor) from said swingarm (left 8 or right 8) and remove said wheel (9, fig. 2) from the motorcycle (1), wherein said first and second coupling recesses (straight recess 41A, 41B as depicted in annotated fig. 2 below) extend according to a main extension direction (X1, annotated fig. 2 below) which is inclined relative to the ground ( fig. 2 shows inclined relative to the ground) so that said open sides (42A,42B; annotated fig. 2 below) face the ground (see annotated fig. 2 below where 42A or 42B are facing the ground).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the configuration of Hombo’s teaching as explained above and integrate into the invention of Shimizu, equivalent to the invention of claimed limitations with a reasonable expectation of success in order to advantageously optimize the motorcycle with easily removable wheel configuration provided with hub motor, such that the improved visibility and improved maintainability are assured by disposing the mechanical caliper for quiescence, which has a high frequency of maintenance, rearward of and above the service caliper [para. 0016 of Hombo].
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Annotated fig. 1 of Hombo.
Regarding claim 2, Shimizu as modified above further teaches that the hub motor axis (axis at center of hub motor) has a first central geometric axis (Al, annotated fig. 1 of Shimizu below) corresponding to the rotation axis of said wheel (11b; [see fig 1 where axis of hub motor 56a corresponding to the rotation axis of said (rear) wheel 11b]), wherein the brake caliper (fig. 1) comprises a caliper cylinder adapted to accommodate a piston of the brake caliper [as depicted in fig. 1 of Shimizu, the caliper showing piston cylinder configuration similar to that of claimed invention], said caliper cylinder has a second central geometric axis (A2, annotated fig. 1 of Shimizu below) parallel to said first central axis (Al, annotated fig. 1 of Shimizu below) [annotated fig. 1 below shows both the axes A1 and A2 are positioned in “parallel”], wherein, Shimizu does not appear to explicitly teach first central axis, first central geometric axis, the first intersection point, second intersection point and remaining limitations of claim 1; however,
Hombo teaches that a second central geometric axis (A2, annotated fig. 1 of Hombo below) parallel to said first central axis (Al, annotated fig. 1 of Hombo below) [annotated fig. 1 below shows both the axes A1 and A2 are positioned in “parallel”], wherein having considered a first intersecting point (P1, annotated fig. 1 of Hombo below) between the first central geometric axis (Al) and a plane orthogonal to the first central geometric axis (Al), and a second intersecting point (P2) between the second central geometric axis (A2) and said orthogonal plane, the brake caliper (caliper 54 of Hombo) is arranged so that a ray (S1, annotated fig. 1 of Hombo) exiting from the first intersecting point (P1) and passing through the second intersecting point (P2) forms an angle from 90° to 270° [ see annotated fig. 1 of Hombo showing angle greater than 90 deg], extremes included, with a ray (S2), parallel to or coincident with said main extension direction (X1) [annotated fig.1 below showing parallel to or coincident] and lying on said orthogonal plane, which exits from the first intersecting point (P1) and is directed towards the open side (42A) of said first coupling recess (41A).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the configuration of Hombo’s teaching as explained in the claim limitations above and integrate those into the invention of Shimizu with a reasonable expectation of success in order to advantageously optimize the motorcycle design with easily removable wheel configuration - reciting the relative angular positioning of the caliper cylinder axis with respect to the hub motor axis and the ray directed toward the openside of the coupling recess – constitutes merely a geometric consequences of the known placement of a brake caliper on a swingarm mounted hub-motor assembly. The cited references collectively teach or render obvious arranging the caliper such that its cylinder axis is parallel to the wheel axis and positioned at any angular location suitable for clearance, assembly, or serviceability. No criticality or unexpected result is apparent from the claimed angular range. Accordingly, each reference teaches known elements that perform the same function, and their substitution and combination would have represented a predictable use of prior art element according to their established functions.
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Annotated fig. 1 of Shimizu
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Annotated fig. 1 of Hombo
Regarding claim 3, Shimizu as modified above further teaches that said first and second coupling recesses (left 41A, right 41 B; annotated fig. 1 of Hombo above from claim 1) are straight recesses (see claim 1 above) of said first and second arms (left 14, right 14) of the swingarm (14).
Regarding claim 4, Shimizu as modified above further teaches that any one of the preceding claims, comprising a fender (fig. 1 of Shimizu) associated with said wheel (11b, fig. 1), wherein said main extension direction (X1 of Hombo) is such as to allow to remove said wheel (11b) from said motorcycle (10) without said wheel (11b) mechanically interfering with the fender (fig. 1) [ It should be understood that the teaching of Hombo into the invention of Shimizu from claim 1 is for “improved visibility and improved maintainability are assured by disposing the mechanical caliper for quiescence” as described in [0016] of Hombo; thus, the modified Shimizu configuration is to allow to remove said wheel (11b) from said motorcycle (10) without said wheel (11b) mechanically interfering with the fender.]
Regarding claim 7, Shimizu as modified above further teaches that said fender (fig. 1) entirely stands above said wheel (11b).
Regarding claim 9, Shimizu teaches a motorcycle (10; figs. 1-10) comprising: - a rear wheel (11b, fig. 1) with hub motor (56a), said hub motor (56a) comprising a hub motor axis (center shaft 55 axis) having first and second opposite end portions (left and right opposite end of shaft 55);
- a swingarm (rear arm 14, [0021]) comprising a first and a second arm (“pair of arms”; [0041]);
- a fender (fig. 1) associated with said wheel (11b) and coupled to the swingarm (14);
wherein the first and second arms (“pair of arms”; [0041]) of the swingarm (14) and the first and second end portions of the hub motor axis (central shaft 56a axis) and fender (fig. 1); but Shimizu fails to teach that comprise a first and second coupling recesses , respectively, which are configured to receive the first and second end portions of the hub motor axis, respectively, and have each an open side to allow to uncouple the hub motor axis from said swingarm and remove said wheel from the motorcycle, wherein said first and second coupling recesses have a main extension direction such as to allow to remove said wheel from said motorcycle (1) without said wheel mechanically interfering with the fender; however,
Hombo teaches that the first and second arms (left 8 and right 8, fig. 8 ) of the swingarm (8); comprise a first and second coupling recesses (41A, 41B, annotated fig. 2 above), respectively, which are configured to receive the first and second end portions of the hub motor axis respectively, and have each an open side (42A,42B; annotated fig. 2 of Hombo above) to allow to uncouple the hub motor from said swingarm and remove said wheel from the motorcycle, wherein said first and second coupling recesses (41A, 41B, annotated fig. 2 above) have a main extension direction (X1) such as to allow to remove said wheel from said motorcycle without said wheel mechanically interfering with the fender.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the modified Shimizu to incorporate the teaching of Justus and provide the coupling-recess main extension direction be selected to avoid interference with a fender merely reflects routine design optimization. The cited art teaches wheel-removal paths defined by open-sided recesses, and it would have been obvious matter of design choice to orient those recesses, so the wheel clears adjacent components such as a fender. Accordingly, each reference teaches known elements that perform the same function, and their substitution and combination would have represented a predictable use of prior art element according to their established functions.
Regarding claim 10, Shimizu as modified above further teaches that the hub motor axis (axis at center of hub motor) has a first central geometric axis (Al, annotated fig. 1 of Shimizu above) corresponding to the rotation axis of said wheel (11b; [see fig 1 where axis of hub motor 56a corresponding to the rotation axis of said (rear) wheel 11b]), wherein the brake
caliper (fig. 1) comprises a caliper cylinder (61) adapted to accommodate a piston of the brake caliper [as depicted in fig. 1 of Shimizu, the caliper showing piston cylinder configuration similar to that of claimed invention], said caliper cylinder has a second central geometric axis (A2, annotated fig. 1 of Shimizu above) parallel to said first central axis (Al, annotated fig. 1 of Shimizu below) [annotated fig. 1 below shows both the axes A1 and A2 are positioned in “parallel”], wherein, Shimizu teaches the fender but does not appear to teach the remaining limitation of claim 10; however,
Hombo teaches that a second central geometric axis (A2, annotated fig. 1 of Hombo below) parallel to said first central axis (Al, annotated fig. 1 of Hombo below) [annotated fig. 1 below shows both the axes A1 and A2 are positioned in “parallel”], wherein having considered a first intersecting point (P1, annotated fig. 1 of Hombo below) between the first central geometric axis (A1) and a plane orthogonal to the first central geometric axis (A1), and a second intersecting point (P2) between the second central geometric axis (A2) and said orthogonal plane, the fender is mainly arranged on the opposite side of the ray (S1, see annotated fig.1 of Hombo above) joining the intersection points (P1,P2) relative to the open sides (42A,42B) of the recesses (41A,41 B).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the configuration of Hombo’s teaching as explained in the claim limitations above and integrate those into the invention of Shimizu with a reasonable expectation of success in order to advantageously optimize the motorcycle design with easily removable wheel configuration - requiring the fender to be arranged mainly on the opposite side of the ray joining the wheel-axis and caliper- cylinder axes relative to the open sides of the recesses – reflects only an obvious placement of the fender to avoid interference with the wheel-removal path. Accordingly, each reference teaches known elements that perform the same function, and their substitution and combination would have represented a predictable use of prior art element according to their established functions.
Claims 5 and 6 are rejected under 35 USC 103 as being unpatentable over Shimizu in view of Hombo and further in view of Marioni (US Pub. 20150266542 A1).
Regarding claim 5, Shimizu as modified above further teaches that a battery (“the battery accommodating parts 53a and 53b”; [0052]) and a power supply cable ( via 53a and 53b) of the hub motor (56a, fig. 1; [0024]) which is connected to the battery (“battery”) and to the hub motor (56a), but fails to explicitly teach wherein the power supply cable is arranged and has a length so as to allow to remove said wheel from the motorcycle while remaining operatively connected to the battery and to the hub motor; however,
Marioni in another ‘wheel hub motor and electric bicycle comprising said wheel hub motor’ similar to Shimizu teaches that the power supply cable (electric cable ‘C’, fig 3; [0060]) is arranged and has a length (fig. 3 shows cable has length) so as to allow to remove (via plug at tips of the cable as depicted in fig. 3) said wheel from the motorcycle (electric vehicle) while remaining operatively connected (via plug, fig. 3) to the battery and to the hub motor (4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the modified Shimizu to incorporate the teaching of Marioni and provide the hub-motor power supply cable be arranged and dimensioned so that the power supply cable (electric cable ‘C’, fig 3; [0060]) is arranged and has a length so as to allow to remove said wheel from the motorcycle while remaining operatively connected to the battery and to the hub motor – constitute nothing more than an obvious variation in cable routing and length selection. The cited references collectively teach providing sufficient slack, flexible routing, service loops in electrical cables associated with hub-motor assemblies to permit wheel removal, inspection, or maintenance without disconnecting the electrical connection. Accordingly, each reference teaches known elements that perform the same function, and their substitution and combination would have represented a predictable use of prior art element according to their established functions.
Regarding claim 6, Shimizu as modified above further teaches that said power supply cable is arranged and has a length (fig. 3 of Marioni shows cable has length), so as to allow to remove the wheel (via plug at tips of the cable as depicted in fig. 3 of Marioni) from the motorcycle and arrange it next to the motorcycle [fig. 3 shows cable without vehicle; thus, next to the vehicle, such as motorcycle] while remaining operatively connected to the battery (via plug, fig. 3) and to the hub motor (4).
Claim 8 is rejected under 35 USC 103 as being unpatentable over Shimizu in view of Hombo and further in view of Park, Gye-Jeung (WO 2012011767 A2; hereinafter, “Park”).
Regarding claim 8, Shimizu as modified above teaches the power supply, but fails to teach that said power supply cable at least partially extends below the second arm of the swingarm; however,
Park in another electric motor similar to Shimizu teaches that power supply cable at least partially extends below the second arm of the swingarm [ pages 7-8 and also see fig. 7 where fixed wire 60 at least partially extends below the second arm of the swingarm.]
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the modified Shimizu to incorporate the teaching of park and provide a power supply cable at least partially extends below the second arm of the swingarm that helps to improve durability of power cables, a gentler bend radius and fewer hard contact points. The modification represents nothing more than the predictable use of known cable management means to secure power cables that supply a power to the important components, such as hub-motor and therefore claim does not include any feature that would have rendered the combination non-obvious to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
WO 2017163121 A1 to Anurag teaches: the traction motor 120 is hub mounted on the rear wheel 125 and the IC engine 115 is mounted to a swing arm 130, which is swingably connected to the main tube 105B using a toggle link.
US 20150122568 A1 to Eguchi teaches: a plurality of electric components is mounted in a chassis framework comprised of a pair of half-frame bodies. One of the half-frame bodies is formed into a module to which electric components are connected via cables.
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/NABIN KUMAR SHARMA/Examiner, Art Unit 3611.
/VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611