DETAILED ACTION
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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore:
The drive recorder from claim 1 (Note: see Page 6 / Lines 8-9 of the specification)
The drive recorder switch that is clamped by the holder part together with the actuation part from claim 2 (Note: the drive recorder switch (element 50) appears to be attached to the holder part (element 40) in Figure 4 via two fasteners (element 44). The holder part does not appear to be able to perform the function of clamping the drive recorder switch. Is the Applicant trying to claim that --the drive recorder switch is attached to the holder part via a plurality of fasteners--? How does the structure in Figures 3 and 4 meet the claim limitation are currently written?)
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 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 1, line 1, recites “A drive recorder switch arrangement” which is indefinite because claim 1 positively claims structure (handlebars, vehicle body control devices) that are not a part of the drive recorder switch structure itself. Is Applicant’s invention a vehicle including a drive recorder switch, handlebars, a camera, a vehicle body control device, an accessory control device, etc. or just to the drive record switch structure? Should claim 1 be amended to recite --A saddle-riding vehicle comprising:--?
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1 and 4, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Katsuya (JP 2004-175126 A; see Applicant provided machine translation).
Regarding claim 1, Katsuya discloses a drive recorder switch arrangement which is equipped in a saddle-riding vehicle (the motorcycle shown in Figures 1 and 2) with left and right handlebars (7 on either side of the motorcycle as shown in Figures 1 and 2), the arrangement comprising:
a drive recorder switch (13) of a drive recorder that records video images taken by a camera (10) mounted on the vehicle;
a vehicle body control device (the lever on the right handlebar as shown in Figure 2) arranged at one of the left and right handlebars to allow control of a vehicle body of the vehicle; and
an accessory control device (50 and the lever on the left handlebar as shown in Figure 2) arranged at the other of the left and right handlebars **[to allow control of an accessory of the vehicle]**, the drive recorder switch being arranged at the other of the handlebars (13 is attached to the left handlebar as shown in Figures 1 and 2).
Regarding claim 4, Katsuya discloses that the accessory control device comprises an actuation switch (a button to the left of 13 in Figure 4), and
the drive recorder switch is arranged inwards of the actuation switch in a width direction (the left-to-right direction of the motorcycle) of the vehicle on the other of the handlebars (13 is closer to the center of the motorcycle than the viewed actuation switch in Figure 4 thus meeting the claim limitation).
Claims 1-4, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by RAM® X-Grip® Large Phone Mount with Brake/Clutch Reservoir Base (hereinafter referred to as RAM; see provided Non-Patent Literature; copy of the website from waybackmachine.com has a publication date of November 29, 2022 which is prior to Applicant’s effective filing date; the YouTube Non-Patent Literature is from the same RAM® X-Grip® website showing the install; while the YouTube Non-Patent Literature has a publication date after Applicant’s effective filing date, the video is viewed as showing the structure as published on November 29, 2022 given the modern day website (https://rammount.com/products/ram-b-174-a-un10u) has the same part number as the Wayback machine Non-Patent Literature document and directly links to the YouTube video; the rejection(s) below will use the YouTube video for showing the structural elements the read on the claim(s)).
Regarding claim 1, RAM discloses a drive recorder switch arrangement which is equipped in a saddle-riding vehicle (see the motorcycle at 0:01 of the video) with left (the handlebar that would be one a rider’s left side when riding the motorcycle) and right (the handlebar that would be one a rider’s right side when riding the motorcycle) handlebars, the arrangement comprising:
a drive recorder switch (the button on the phone that takes a picture; the phone in the video appears to be an Apple iPhone given the visible call button) of a drive recorder (the phone in the video; appears to be an Apple iPhone given the visible call button) that records video images taken by a camera (the camera on the phone; the device at 0:50 of the video appears to be an Apple iPhone given the visible call button) mounted on the vehicle;
a vehicle body control device (the member on the left handlebar as shown at 0:50 of the video) arranged at one of the left and right handlebars to allow control of a vehicle body of the vehicle; and
an accessory control device (the lever and switch assembly shown one the right handlebar at 0:50 of the video) arranged at the other of the left and right handlebars to allow control of an accessory of the vehicle, the drive recorder switch being arranged at the other of the handlebars.
Regarding claim 2, RAM discloses that the accessory control device comprises an actuation lever (the lever graspable by a rider’s right hand at 0:09 of the video),
the actuation lever includes a holder part (the part that the bolts that get removed are located in at 0:09 of the video) which retains the actuation lever on the other of the handlebars, and
the drive recorder switch is clamped by the holder part together with the actuation lever (see 0:09-1:00 of the video).
Regarding claim 3, RAM discloses that the drive recorder switch is fixed at two points (the two points are viewed as being the points where the bolts go through the RAM mount to hold the RAM mount onto the accessory control device) to the holder part.
Regarding claim 4, RAM discloses that the accessory control device comprises an actuation switch (the red button at 1:00 of the video), and
the drive recorder switch is arranged inwards of the actuation switch in a width direction (the left-to-right direction of the motorcycle) of the vehicle on the other of the handlebars (the phone is located is closer to the center of the motorcycle than the red button at 1:00 of the video thus meeting the claim limitation).
Claims 1 and 5, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nagata (JP 2015-184870 A; see provided machine translation).
Regarding claim 1, Nagata discloses a drive recorder switch arrangement which is equipped in a saddle-riding vehicle (MC) with left and right handlebars (H; the left and right side of H in Figure 1 constitute left and right handlebars in the same manner as Applicant’s left and right handlebars), the arrangement comprising:
a drive recorder switch (D) of a drive recorder (C) that records video images taken by a camera (C can be a smartphone per Page 2 / Lines 18-20 of the machine translation and smartphones have cameras; a drive recorder function is disclosed on Page 6 / Lines 32-33 of the machine translation) mounted on the vehicle;
a vehicle body control device (the right hand grip and the lever on the right handlebar as shown in Figure 1) arranged at one of the left and right handlebars to allow control of a vehicle body of the vehicle; and
an accessory control device (L on the left side of the handlebar is a clutch lever; see Page 6 / Line 12 of the machine translation) arranged at the other of the left and right handlebars to allow control of an accessory (a clutch) of the vehicle, the drive recorder switch being arranged at the other of the handlebars (D is on the same side as the clutch lever L as shown in Figure 1).
Regarding claim 5, Nagata discloses an elastic member (4) interposed between the drive recorder switch and the other of the handlebars.
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.
Claim 5, as best understood, is rejected under 35 U.S.C. 103 as being unpatentable over Katsuya (JP 2004-175126 A; see Applicant provided machine translation) in view of Nagata (JP 2015-184870 A; see provided machine translation).
Regarding claim 5, Katsuya discloses all of the claim limitations, see above, but does not disclose an elastic member interposed between the drive recorder switch and the other of the handlebars.
Nagata teaches an elastic member (4) interposed between a switch (21, 22, 24, 28) and a handlebar (H).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drive recorder switch arrangement of Katsuya to have an elastic member interposed between the drive recorder switch and the other of the handlebars, as taught by Nagata, for the purpose of providing a material that goes between a switch and a handlebar such that play between the handlebar and the switch is lessened thereby providing a more rigid feeling structure.
Claim 5, as best understood, is rejected under 35 U.S.C. 103 as being unpatentable over RAM® X-Grip® Large Phone Mount with Brake/Clutch Reservoir Base (hereinafter referred to as RAM; see provided Non-Patent Literature; copy of the website from waybackmachine.com has a publication date of November 29, 2022 which is prior to Applicant’s effective filing date; the YouTube Non-Patent Literature is from the same RAM® X-Grip® website showing the install; while the YouTube Non-Patent Literature has a publication date after Applicant’s effective filing date, the video is viewed as showing the structure as published on November 29, 2022 given the modern day website (https://rammount.com/products/ram-b-174-a-un10u) has the same part number as the Wayback machine Non-Patent Literature document and directly links to the YouTube video; the rejection(s) below will use the YouTube video for showing the structural elements the read on the claim(s)) in view of Nagata (JP 2015-184870 A; see provided machine translation).
Regarding claim 5, RAM discloses all of the claim limitations, see above, but does not disclose an elastic member interposed between the drive recorder switch and the other of the handlebars.
Nagata teaches an elastic member (4) interposed between a switch (21, 22, 24, 28) and a handlebar (H).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drive recorder switch arrangement of RAM to have an elastic member interposed between the drive recorder switch and the other of the handlebars, as taught by Nagata, for the purpose of providing a material that goes between a switch and a handlebar such that play between the handlebar and the switch is lessened thereby providing a more rigid feeling structure.
**The above statements in brackets are instances of intended use and functional language. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does, see MPEP 2114. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Saeki et al. (US 11,939,021 B2) discloses a straddle vehicle with a camera attached to the front end of the straddle vehicle.
Carnevali (US 2005/0269465 A1) discloses a mounting bracket that is configured to be attached to a handlebar of a bicycle, motorcycle, all terrain vehicle, or the like via a clamping connection.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM D ROGERS whose telephone number is (571)272-6561. The examiner can normally be reached Monday through Friday from 6AM-2:00PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at (571)272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/ADAM D ROGERS/ Primary Examiner, Art Unit 3617
Prosecution Insights