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 .
This office action was made in response to an amendment filed 7/24/2026.
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.
Claim(s) 1-3, 6, 7, and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fujihara et al (US 8,556,018). Fujihara discloses:
With regard to claim 1 - An electric vehicle comprising:
a vehicle body frame 11 having a pivot frame 28 that supports a swing arm 30 swingably;
a motor 70 disposed above a pivot shaft 29; and
a speed reduction gear 83-86 disposed on a lateral side of the motor (see Figs. 3 and 5),
wherein the pivot frame 28 includes a pivot shaft 29 support portion and an output shaft support portion 61, the pivot shaft 29 being supported by the pivot shaft support portion,
an output shaft 84 of the speed reduction gear being supported by the output shaft support portion 61,
a lateral width from one end to an other end in a lateral direction of the pivot shaft 29 support portion and the output shaft support portion 61 in the pivot frame 28 is narrower than a lateral width of the motor 70, and
the speed reduction gear 83-86 is disposed on a lateral side of the pivot frame 28 (see Fig. 2).
With regard to claim 2 - wherein the swing arm 30 has a pair of left and right pivot portions 34 that is swingably supported on the pivot shaft 29, and the pivot frame 28 is a single member disposed between the pair of left and right pivot portions (see Fig. 2).
With regard to claim 3 - wherein a line that passes a connecting plane between the motor and the speed reduction gear and a side surface of the pivot frame are spaced apart from each other, and a case of the speed reduction gear 83-86 has a protruding portion 61 that protrudes toward a side of the pivot frame 28 (see Fig. 3, boss 61 protrudes toward the pivot frame 28).
With regard to claim 6 - wherein the pivot frame includes:
a first arm that extends frontward along an outer periphery of the motor; and
a second arm that extends rearward along the outer periphery of the motor, and
the pivot frame 28 supports the motor 70 and a rear frame 22 that supports a seat 38 by the first arm and the second arm (see below).
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With regard to claim 7 - wherein the pivot frame supports a lower end and an upper end of a cushion. As can be seen in Fig. 1, the pivot frame supports frame 21, which supports the upper end of cushion 37. The pivot frame further supports pivot arm 30, which supports a lower end of cushion 37, Thus, the pivot frame indirectly reads on the claimed structure.
With regard to claim 9 - An electric vehicle comprising:
a vehicle body frame having a pivot frame that supports a swing arm swingably;
a motor 70 disposed above a pivot shaft 29 in a vertical direction; and
a speed reduction gear 83-85 disposed on a lateral side of the motor,
wherein the pivot frame includes a pivot shaft 29 support portion and an output shaft support portion 61, the pivot shaft being supported by the pivot shaft support portion,
an output shaft 84 being supported by the output shaft 84 support portion 61,
a drive pulley 86 is disposed on the output shaft 84,
a lateral width from one end to an other end in a lateral direction of the pivot shaft support portion and the output shaft support portion in the pivot frame 28 is narrower than a lateral width of the motor 70, and
the speed reduction gear is disposed on a lateral side of the pivot frame (see Fig. 5).
Allowable Subject Matter
Claim 8 is allowed.
Claim 4 and 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-9 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.
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 TIMOTHY WILHELM whose telephone number is (571)272-6980. The examiner can normally be reached Monday-Friday 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Dickson can be reached at 571-272-7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY WILHELM/ Primary Examiner, Art Unit 3617 October 3, 2026
