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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after allowance or after an Office action under Ex Parte Quayle, 25 USPQ 74, 453 O.G. 213 (Comm'r Pat. 1935). Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant's submission filed on January 22, 2026 has been entered.
Allowable Subject Matter
The indicated allowability of claims 20-23, 25, 26, 28-32, 34-38, and 40-42 is withdrawn in view of the newly discovered reference to Dennert et al. (US 6,846,018 B2). Rejections based on the newly cited reference follow.
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 second frame component from claim 28 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered. It is viewed that 32C in Figure 1 cannot be one of the first frame member or the second frame member because 32C is not a part of the foot support assembly in light of Paragraph 0025 of the specification.
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 29-32 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 29 discloses “the second component comprises a component of the engine” which is indefinite because it is unclear how the second component can be claimed in claim 28 as a separate element from the engine when the second component is a part of the engine. Does the engine in line 2 of claim 28 include the second component of line 4? If so, that structural arrangement should be claimed to make the structural relationship clear between the engine and the second component that is a part of the engine as claimed in claims 29 and 30.
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 20-23, 25, 26, 28, 34-38, and 40-42, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dennert et al. (US 6,846,018 B2).
Regarding claim 20, Dennert et al. discloses a foot support assembly for a vehicle, comprising:
a frame member (46) having:
a first end (the end where the rightmost 54 is located in Figure 3) configured to be fixed to a first frame component (the rightmost 58 in Figure 3) by a first fastener (102); and
a second end (the end where the leftmost 54 is located in Figure 3) configured to be fixed to a second frame component (the leftmost 58 in Figure 3) by a second fastener (102); and
a foot support (144) connected directly to the frame member and sized to support a foot of a vehicle operator;
wherein the frame member is configured to bridge a gap (the gap that 46 fits into in Figure 3) between the first frame component and the second frame component;
the first end includes a first surface (the flat vertical surface of 80 in Figure 6), the first surface is substantially flat (see Figures 5 and 6); and
the first frame component includes a second surface (the flat vertical surface of 80 in Figure 6), the second surface is substantially flat (see Figures 5 and 6), the second surface configured to engage the first surface to form a substantially flat interconnection when the first end is fixed to the first frame component (see Figures 5 and 6).
Regarding claim 21, Dennert et al. discloses that the foot support is pivotably connected to the frame member (Column 5 / Lines 6-10).
Regarding claim 22, Dennert et al. discloses an operator control (128) pivotably mounted to the frame member and positioned to be actuated by the foot of an operator while the foot of the operator is resting on the foot support.
Regarding claim 23, Dennert et al. discloses that the operator control is a brake pedal (Column 4 / Lines 65-67).
Regarding claim 25, Dennert et al. discloses that the operator control is a foot-operated shifter (Column 4 / Lines 65-67 discloses that 128 can operate a clutch or transmission thus is viewed as meeting the claim limitation).
Regarding claim 26, Dennert et al. discloses that the frame member defines a longitudinal axis (the axial centerline of 46) extending from the first end to the second end; and
the frame member comprises a stanchion (116) integrally fixed to the frame member and extending at least one of laterally and upwardly away from the longitudinal axis to a free end portion (the left end of 116 in Figure 3), the stanchion having a foot support mount (the opening of 120) at the free end portion.
Regarding claim 28, Dennert et al. discloses a vehicle (10) comprising:
an engine (18);
a frame (42) supporting the engine, the frame having at least a first frame component (the rightmost 58 in Figure 3);
a second component (the leftmost 58 in Figure 3) spaced from the first frame component to define a gap (the gap that 46 fits into in Figure 3);
a plurality of ground engaging members (22, 26), at least one of the plurality of ground engaging members operably connected to the engine; and
a foot support assembly (see Figure 3) comprising:
a first frame member (the 46 shown in Figure 3) positioned in and spanning the gap and removably coupled to the first frame component and the second component, such that the first frame member creates a load-bearing, force-transferring link between the first frame component and the second component;
a second frame member (the other 46 shown in Figure 2) at least partially positioned in the gap, the second frame member configured to be fixed to the first frame component and the second component to provide a second load-bearing force-transferring link between the first frame component and the second component when the second frame member is fixed to the first frame component and the second component (46 connects to both ends of the frame thus meeting the claim limitation); and
a foot support (144) connected directly to the first frame member and sized to support a foot of a vehicle operator.
Regarding claim 34, Dennert et al. discloses an operator control (128) pivotably mounted to one of the first frame member or the engine, the operator control positioned to be actuated by the foot of the vehicle operator while the foot of the vehicle operator is resting on the foot support.
Regarding claim 35, Dennert et al. discloses that at least one of the plurality of ground engaging members is operably connected to a brake (Column 4 / Lines 65-67), wherein the operator control is a foot-operated brake lever operably coupled to the brake.
Regarding claim 36, Dennert et al. discloses a transmission defining a plurality of gear ratios, wherein the operator control is a foot-operated shifter (Column 4 / Lines 65-67 discloses that 128 can operate a clutch or transmission thus is viewed as meeting the claim limitation) operably coupled to the transmission and configured to shift the transmission between the plurality of gear ratios.
Regarding claim 37, Dennert et al. discloses that the foot support assembly comprises a pair of foot support assemblies (each side of the frame has a 128 as shown in Figure 3) respectively mounted to a left side and a right side of the vehicle.
Regarding claim 38, Dennert et al. discloses that at least one of the plurality of ground engaging members is operably coupled to a brake (the brake on the front wheel as shown in Figure 1) and actuated by a brake lever (one of the 128s; Column 4 / Lines 65-67 discloses that 128 can operate a brake, clutch, or transmission thus is viewed as meeting the claim limitation) and further comprising a transmission (the transmission of the motorcycle drivetrain) defining a plurality of gear ratios and actuated by a shifter (the other 128; Column 4 / Lines 65-67 discloses that 128 can operate a brake, clutch, or transmission thus is viewed as meeting the claim limitation), wherein one of the pair of foot support assemblies is positioned adjacent the brake lever and the other of the pair of the foot support assemblies is positioned adjacent the shifter.
Regarding claim 40, Dennert et al. discloses a second frame member (the other 46 shown in Figure 2) at least partially positioned in the gap, the second frame member configured to be fixed to the first frame component and the second frame component to provide a second load-bearing, force-transferring link between the first frame component and the second frame component when the second frame member is fixed to the first frame component and the second frame component.
Regarding claim 41, Dennert et al. discloses that the second component comprises a component of the frame (the leftmost 58 in Figure 3 is a part of the frame).
Regarding claim 42, Dennert et al. discloses that the first fastener includes a first threaded bolt (102); and
the second fastener includes a second threaded bolt (102).
IN AN ALTERNATIVE VIEWPOINT:
Claims 28, 29, 34-38, and 41, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dennert et al. (US 6,846,018 B2).
Regarding claim 28, Dennert et al. discloses a vehicle (10) comprising:
an engine (18);
a frame (42) supporting the engine, the frame having at least a first frame component (the leftmost 58 in Figure 3);
a second component (68 in Figure 1) spaced from the first frame component to define a gap (the gap that 46 fits into in Figure 3; the entire space between 68 and the leftmost 58);
a plurality of ground engaging members (22, 26), at least one of the plurality of ground engaging members operably connected to the engine; and
a foot support assembly (see Figure 3) comprising:
a first frame member (the 46 shown in Figure 3) positioned in and spanning the gap and removably coupled to the first frame component and the second component (46 can be detached from the frame and 68 is attached to the frame thus 46 can be detached from 68), such that the first frame member creates a load-bearing, force-transferring link between the first frame component and the second component;
a second frame member (the other 46 shown in Figure 2) at least partially positioned in the gap, the second frame member configured to be fixed to the first frame component and the second component to provide a second load-bearing force-transferring link between the first frame component and the second component when the second frame member is fixed to the first frame component and the second component (46 can be detached from the frame and 68 is attached to the frame thus 46 can be detached from 68); and
a foot support (144) connected directly to the first frame member and sized to support a foot of a vehicle operator.
Regarding claim 29, Dennert et al. discloses that the second component comprises a component (68 is a head of the engine) of the engine.
Regarding claim 34, Dennert et al. discloses an operator control (128) pivotably mounted to one of the first frame member or the engine, the operator control positioned to be actuated by the foot of the vehicle operator while the foot of the vehicle operator is resting on the foot support.
Regarding claim 35, Dennert et al. discloses that at least one of the plurality of ground engaging members is operably connected to a brake (Column 4 / Lines 65-67), wherein the operator control is a foot-operated brake lever operably coupled to the brake.
Regarding claim 36, Dennert et al. discloses a transmission defining a plurality of gear ratios, wherein the operator control is a foot-operated shifter (Column 4 / Lines 65-67 discloses that 128 can operate a clutch or transmission thus is viewed as meeting the claim limitation) operably coupled to the transmission and configured to shift the transmission between the plurality of gear ratios.
Regarding claim 37, Dennert et al. discloses that the foot support assembly comprises a pair of foot support assemblies (each side of the frame has a 128 as shown in Figure 3) respectively mounted to a left side and a right side of the vehicle.
Regarding claim 38, Dennert et al. discloses that at least one of the plurality of ground engaging members is operably coupled to a brake (the brake on the front wheel as shown in Figure 1) and actuated by a brake lever (one of the 128s; Column 4 / Lines 65-67 discloses that 128 can operate a brake, clutch, or transmission thus is viewed as meeting the claim limitation) and further comprising a transmission (the transmission of the motorcycle drivetrain) defining a plurality of gear ratios and actuated by a shifter (the other 128; Column 4 / Lines 65-67 discloses that 128 can operate a brake, clutch, or transmission thus is viewed as meeting the claim limitation), wherein one of the pair of foot support assemblies is positioned adjacent the brake lever and the other of the pair of the foot support assemblies is positioned adjacent the shifter.
Regarding claim 41, Dennert et al. discloses that the second component comprises a component of the frame (the leftmost 58 in Figure 3 is a part of the frame).
Allowable Subject Matter
Claims 30-32 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claims 20-23, 25, 26, 28-32, 34-38, and 40-42 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
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