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 .
Preliminary Amendment
Receipt of the preliminary amendment filed 06/11/2024 is acknowledged. This amendment cancelled claims 1 and 16.
Claim Rejections - 35 USC § 102
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 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 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 1-2, 6-7, 13 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (US 2022/0017181), as cited by Applicant.
With respect to claim 1, Suzuki et al. discloses an electric snowmobile (100) comprising: a frame (10) having a tunnel (figs. 1-3); a seat (S) connected to the tunnel (fig. 3, paragraph 36); at least one ski (20) operatively connected to the frame (10; includes 11, 13R, 13L, 18, paragraphs 35-36); a steering column (40) operatively connected to the at least one ski (20L, 20R); a drive track (30) disposed at least in part under the tunnel (figs. 1-3); an electric motor (50) supported by the frame (10), the electric motor (50) being operatively connected (paragraph 51) to the drive track (30); and a battery pack (BT1, 65) connected to the frame (10) and electrically connected (paragraph 29) to the electric motor (50), the frame further comprising a brace assembly (11, 13L, 13R) connected to and extending forward of the tunnel (figs. 1-3), the brace assembly (11, 13L, 13R) being mounted to the battery pack (BT1), the battery pack (BT1, 65) being connected (‘connected’ includes a direct and indirect connection; “body frame 10 includes an upper frame mainly composed of pipe-shaped members. The upper frame includes a shaft support frame 11, a right front frame 13R, and a left front frame 13L” paragraph 35 and “body frame 10 includes a lower frame 18 that supports a lower end of the pipe-shaped upper frame” paragraph 36 and paragraph 46 describes the frame as being directly connected to one another “frames and the portions forming the body frame 10 may be formed integrally, or may be separated and fixed to each other by coupling means such as bolts or welding or other known methods”) to a portion of the frame (battery pack BT1 is indirectly connected to the lower frame 18 through the lower end of the pipe shaped upper frame 13R, 13L) other than the brace assembly (11, 13L, 13R), the steering column (40) being pivotally connected to the brace assembly (“steering shaft 40 is also rotatably supported by a shaft support frame 11 at the middle of its lower end and upper end”, paragraph 37), the steering column being pivotable (paragraphs 37, 39) about a steering axis (figs. 2-3), and a vertical plane containing the steering axis (figs. 2-3) passing through the battery pack (BT1). (Figs. 1-6, paragraph 18-139.)
With respect to claim 2, Suzuki et al. discloses the brace assembly (11, 13L, 13R) comprises: a steering column support bracket (111; paragraph 38), the steering column (40) passing through and being supported by the steering column support bracket (111) (paragraph 39), the steering column support bracket (111) being above (fig. 3) the battery pack (BT1); and a battery bracket (131L, 131R) connected between the steering column support bracket (111) and the battery pack (BT1, 65). (Figs. 1-6, paragraph 18-139.)
With respect to claim 6, Suzuki et al. discloses the battery bracket (131L, 131R) as an arcuate lateral profile (fig. 3). (Figs. 1-6, paragraph 18-139.)
With respect to claim 7, Suzuki et al. discloses the brace assembly further comprises: a rear left leg (112L of auxiliary frame 112, figs. 1-3) having a rear end (rear end of 112L connected to a left side of the tunnel, figs. 1-3) connected to a left side of the tunnel and a front end (front end of 112L which is connected to 111 through 112U, figs. 1-3) connected to the steering column support bracket (111), the rear left leg extending forward and upward from the rear end to the front end (figs. 1-3); and a rear right leg (portion 112R of auxiliary frame 112, figs. 1-3) having a rear end (rear end of 112R connected to a right side of the tunnel, figs. 1-3) connected to a right side of the tunnel and a front end connected to the steering column support bracket (front end of 112R connected to the support portion 111 through 112U, figs. 1-3), the rear right leg extending forward and upward from the rear end to the front end, the rear ends of the rear legs being spaced further from each other than the front ends of the rear legs (rear ends of portions 112L and 112R are larger than the front ends of the portions 112L and 112R, Figs. 1-3). (Figs. 1-6, paragraph 18-139.)
With respect to claim 13, Suzuki et al. discloses a plane extending vertically and longitudinally along a center (figs. 1-3) of the snowmobile (100) passes through the battery pack (BT1, 65). (Figs. 1-6, paragraph 18-139.)
With respect to claim 15, Suzuki et al. discloses a handlebar (41) connected to a top end of the steering column (40), the handlebar being wider than the battery pack (fig. 4). (Figs. 1-6, paragraph 18-139.)
With respect to claim 16, Suzuki et al. discloses the steering column (40) extends over the battery pack (BT1, 65) (fig. 3). (Figs. 1-6, paragraph 18-139.)
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 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. in view of Matsushita (US 2022/0009589).
With respect to claim 3, Suzuki et al. discloses the battery bracket has: a front end fastened (front end in which mounting portion 131R, 131L is attached, Figs. 1-3, paragraph 65) to the battery pack (65); and a middle portion (at 112U) fastened to the steering column support bracket (111) but is silent regarding a rear end fastened (rear end in which mounting portion 131L is attached, figs. 1-3, paragraph 66) to the battery pack (65). Matsushita teaches of a front end fastened to the battery [pack (at 131L, 131R), middle portions (at 112U) fastened to the steering column support bracket and rear end fastened to the battery pack (at 141L, 141R). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Matsushita into the invention of Suzuki et al. with a reasonable expectation of success so that the top and bottom surfaces of the battery remain substantially level. (Paragraph 62.)
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al.
With respect to claim 14, Suzuki et al. discloses the width, height and length of the size of the battery pack can vary (compare shape of BT1 to BT2 and BT3) (figs. 1-3). It would have been an obvious matter of design choice to make the different portions of the battery pack of whatever form or shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Allowable Subject Matter
Claims 4-5 and 8-12 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.
The following is a statement of reasons for the indication of allowable subject matter: Claim 4 includes the limitations of a first fastener (286) extending laterally through the two front bracket arms (282) and the first portion of the battery pack (120) for fastening the two front bracket arms (282) to the battery pack (120); and a second fastener (292) extending laterally through the two rear bracket arms (288) and the second portion of the battery pack for fastening the two rear bracket arms (288) to the battery pack (282). (Fig. 15.) The closest prior art Suzuki et al. does not disclose fasteners extending laterally through the two front bracket arms. Claim 8 includes the limitations of a subframe (20) connected to the tunnel (18) and being disposed in front of the tunnel, the battery pack (120) being disposed at least in part in the subframe; wherein the brace assembly (250) is a pyramidal brace assembly and further comprises: a front left leg (274) having a rear end connected to the steering column support bracket (276) and a front end connected to the subframe, the front left leg (274) extending forward and downward from the rear end to the front end; and a front right leg (274) having a rear end connected to the steering column support bracket (276) and a front end connected to the subframe (20), the front right leg (274) extending forward and downward from the rear end to the front end; the front ends of the front legs (274) being spaced further from each other than the rear ends of the front legs. Suzuki et al. discloses notches in the lower frame to support the electric motor and does not disclose a subframe.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Archard et al. (WO 2019/049109 A1) discloses a similar arrangement with a battery located in a front region of a snowmobile. The references cited on the PTO-892 form disclose similar features of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A ENGLISH whose telephone number is (571)270-7014. The examiner can normally be reached on Monday-Saturday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached on 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A ENGLISH/Primary Examiner, Art Unit 3614
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