DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Acknowledgment is made of the Preliminary Amendment filed on 3/25/2024, where:
Claim 1 has been cancelled;
Claims 2-27 added.
Claims 2-27 pending in this Office Action.
Claim Rejections - 35 USC § 103
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 2-4, 6-13, and 19-27 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over U.S. Patent 5,057,062 issued to Yamasaki et al. in view of U.S. Patent Publication 2008/0023249 issued to Sunsdahl et al.
Regarding Claims 2, 6, 12, 13, 19 and 25, Yamasaki et al. teaches in Figures 1-15 and respective portions of the specification of an off-road utility vehicle (a four wheel drive vehicle is disclosed which is capable of off-roading), said vehicle comprising:
a transmission (T) that is arranged in the middle of the vehicle and an engine (1) located in a longitudinal orientation in the front part of the vehicle, a plurality of ground engaging members (8F, 8R) that are inherently supporting by the frame of the vehicle;
at least one drive shaft (4R, 4F),
a front differential (7F) operatively coupled to the ground engaging members (8F); and
the engine (1) mounted to the frame operatively coupled to the transmission (T), the engine (1) operable to provide motive force to the at least one of the plurality of ground engaging members (8F, 8R) via the transmission and the at least one drive shaft (4R, 4F).
Yamasaki et al shows the powertrain layout in Figures 1A and 1B and an operator area with a dashboard in Figure 6A, but does not show the details for the body layout; specifically the frame, the transmission mid-mounted to the frame such that the transmission is disposed at least partially beneath the seat.
Sunsdahl et al. shows an all-terrain body layout structure with a frame (15) for supporting four wheels (22), dashboard (31) and an operator area (17) positioning seating (20) on the vehicle frame. Sunsdahl further teaches of a rollover protection structure (16) coupled to the frame and disposed around a portion of the operator area.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to use the vehicle body and frame and rollover protection taught by Sunsdahl et al.’s for the powertrain layout taught by Yamasaki et al. In the modified vehicle the engine (1) taught by Yamasaki et al. would be located in the forward portion of the frame and the transmission would be mounted in the middle portion of the body partially beneath and rearward of the seat. One would be motivated to use the body taught by Sunsdahl et al. to provide the necessary vehicle structure to allow the vehicle taught by Sunsdahl et al. to function.
Regarding Claims 3, 4, 7, 8 and 20-21, Yamasaki et al. shows the engine (1) and transmission (T) are located with a longitudinal orientation in Figures 1A and 1B. In the invention of Yamaskaki et al., as modified by Sunsdahl et al., the engine and transmission would maintain their longitudinal orientation.
Regarding Claim 9, in the invention of Yamaskaki et al., as modified by Sunsdahl et al., the portion of the vehicle body located near element (19) in Figure 1 of Sunsdahl et al. is taken to be cargo bed.
Regarding Claims 10 and 11, in the invention of Yamaskaki et al., as modified by Sunsdahl et al., it would have been obvious to one having ordinary skill in the art at the time of invention to located the transmission at least partially below and behind the seating structure. One would be motivated to partially located the transmission below and behind the seating structure to centrally locate the transmission to centralize the center of gravity for the vehicle which would increase stability.
Regarding Claim 22, Yamasaki et al. teach the at least one drive shaft (4R, 4F) comprises at least one of: a rear drive shaft (4R) operably coupled to the engine (1) at first end and extending rearward (see Figure 1A) and operably coupled to the transmission (T) at an opposing second end, the rear drive shaft (4R) disposed at least partially under the seat; and a front drive shaft (4F) operably coupled at a first end to the transmission (T) and extending forward (see Figure 1A) and operably coupled to a front differential (7F) at an opposing second end, the front differential (7F) operably coupled to at least one of plurality of ground engaging members (8F).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to locate the transmission and rear drive shaft at least partially below and rearward of the seat for the modified invention of Yamasaki et al. One would be motivated to partially located the transmission and rear drive shaft below and behind the seating structure to centrally locate the transmission to centralize the center of gravity for the vehicle which would increase stability.
Regarding Claim 23 and 26, Yamasaki et al. teach the transmission (T) comprises a differential (7R) disposed at least partially rearward of the seat and operably coupled to at least one of the plurality of ground engaging members (8R), and the at least one drive shaft (4R, 4F) comprises at least one of: (Yamasaki et al. teaches at least the second option below)
a rear drive shaft operably coupled to the engine at a first end and extending rearward and operably coupled to the differential at an opposing second end; and
a front drive shaft (4F) operably coupled at a first end to the differential (7F) and extending forward and operably coupled to a front differential (7F) at an opposing second end, the front differential (4F) operably coupled to at least one of the plurality of ground engaging members (8F).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to locate the differential at least partially rearward of the seat for the modified invention of Yamasaki et al. One would be motivated to partially locate the differential as an obvious location for locating the rear differential.
Regarding Claims 24 and 27, Yamasaki et al. teach the transmission (T) comprises a transmission coupled directly to the engine (E), and the at least one drive shaft comprises: a rear drive shaft (4R) operably coupled to the engine (E) at a first end and extending rearward and operably coupled to a rear differential (7R) at an opposing second end, the rear differential (7R) operably coupled to at least one of the plurality of ground engaging members (8R); and a front drive shaft (4F) operably coupled at a first end to the transmission (T) and extending forward and operably coupled to a front differential (7F) at an opposing second end, the front differential (7F) operably coupled to at least of the plurality of ground engaging members (8F ).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to locate the transmission at least partially forward of the seat the transmission and rear drive shaft at least partially below and rearward of the seat for the modified invention of Yamasaki et al. One would be motivated to locate the transmission at least partially forward of the seat structure to centrally locate the transmission to centralize the center of gravity for the vehicle which would increase stability.
Claim 5 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Yamasaki et al. in view of Sunsdahl et al., as disclosed above, and in further view of U.S. Patent No. 8,479,854 issued to Gagnon.
Yamasaki et al. as modified is silent if an air intake and filter fluidly coupled to the engine, wherein the air intake and filter is located one of: within the dashboard; and rearward of the seat
Gagnon teaches of locating an air intake (74) and filter (disclosed, see at least Col. 5, line 14) within the dashboard portion of the vehicle—compare Figures 7 and 8.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to locate the air intake and filter within the dashboard portion, as taught by Gagnon. One would be motivated locate the air intake and filter within the dashboard by using a known location to simplify construction.
Allowable Subject Matter
Claims 14-18 allowed.
The following is a statement of reasons for the indication of allowable subject matter: the primary reason for the indication of allowable subject matter in this case is the inclusion of: in re claim 14 where a front differential is located forward of the engine and the engine is disposed entirely forward of a front edge of the dashboard for an off road vehicle, with a frame, a drivetrain that includes a drive shaft and a transmission located partially rearward of the seat, in combination with the other elements recited, not found in the prior art of record.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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BRIAN SWENSON
Primary Examiner
Art Unit 3618
/BRIAN L SWENSON/Primary Examiner, Art Unit 3613
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