DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after May 19, 2022, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendment
Receipt of the preliminary amendment filed 06/28/2024 is acknowledged. This amendment cancelled claims 11 and 22-45. The Applicant is advised to remove the text content of cancelled claims.
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.
Claims 8 and 16 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 8 recites: “the first component forms part of the front portion,” however, claim 3 recites “the first component is part of a battery assembly.” It is unclear how the “first component” can simultaneously be “a component of a battery assembly”, and a component forming part of the front portion of the structural frame. Without any clarification to weather the battery assembly is structurally integrated into the front portion, or the claims are intended to define alternative embodiments rather than a single consistent configurations. As a result, the scope of the term “first component” is ambiguous, and it is unclear whether claims 3 and 8 define mutually exclusive embodiments or overlapping structural configurations. Accordingly, one of ordinary skill in the art would not be able to determine the metes and bounds of the claimed invention with reasonable certainty. Accordingly, claim 8 is indefinite under 35 U.S.C §112(b).
Claim 16 recites “the electric motor is operatively coupled to the endless track through a portion of the electric powertrain positioned laterally outboard of the first endless track.” The phrase “the first endless track” lacks proper antecedent basis. Independent claim 12 introduces only “an endless track” and does not previously introduce a “first endless track”. Consequently, it is unclear whether the recited “first endless track” refers to the previously recited endless track or to a different endless track. As a result, the metes and bounds of the claimed subject matter cannot be determined with reasonable certainty. Accordingly, claim 16 is indefinite under 35 U.S.C §112(b).
Claim Rejections - 35 USC § 102
5. 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 (i.e., changing from AIA to pre-AIA ) 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.
6. 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-10, 12, 15-16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vaisanen Esa (WO 2021084520 A2; hereinafter, “Esa”).
Regarding claim 1, Esa discloses: a snowmobile (“electric snowmobile” 10; ‘Title’; figs. 1-15 and [0073]), comprising: a plurality of ground engaging members (two ground engaging members – “idler wheels” 38, sprockets 110 and endless track 30) including an endless track (“drive track” 30, fig. 1) positioned along a vertical (fig. 1 shows vertical) centerline plane (centerline plane 28, fig. 6) of the snowmobile (10, [0073]), a left front ski (left 50, fig. 1), and a right front ski (right 50, fig. 1), the endless track (30) being positioned rearward (fig. 1 shows rearward) of the left front ski (left 50) and the right front ski (right 50);
an electric powertrain (“electrical system 150 that includes electric motor 32 with first and second batteries 152 and 154”; [0087]) operatively coupled to the endless track [claim 26 teaches: “a mechanical drive operatively connecting the output shaft to the drive axle, the mechanical drive being disposed laterally between the drive track and the electric motor”; thus, an electric powertrain operatively coupled to the endless track] to power movement of the endless track (30);
a structural frame (16, figs. 1-3 and [0073]) supported by the plurality of ground engaging members (two ground engaging members 38, sprockets 110 and endless track); fig. 1-3), the structural frame (16) provides structural rigidity (via upper support structure 24; [0073]) for the snowmobile (10) and includes a first component (first battery 152A) of the electric powertrain (150);
a rear suspension (34, [0074]) positioned in an interior of the endless track and movably coupled to the structural frame (16, fig. 1; [para. 0075 teaches: “the rear suspension assembly 34 includes idler wheels 38 and a pair of slide rails 40 in sliding contact with the endless drive track 30”]).
a left front suspension (left front suspension 52, figs. 1; [0077]) movably coupled to the structural frame (16 via 24) and to the left front ski (left ski 50, fig. 1);
a right front suspension (right front suspension 52, figs. 1; [0077]) movably coupled to the structural frame (16 via 24) and to the right front ski (right ski 50, fig. 1);
a steering assembly (60, fig. 1 and [0078]) supported by the structural frame (16 with steering column 64) and operatively coupled to the left front ski (left 50) and the right front ski (right 50) to steer the snowmobile 910), the steering assembly (60) including an operator steering input (steering handle bar 62, a steering column 64; [0078]) and a steering post (steering rods 66; [0078]); and
a straddle seat (“straddle seat 44’; [0076]) positioned along the vertical (fig. 1 shows vertical) centerline plane (centerline plane 28, fig. 6) of the snowmobile (10) over the endless track (“drive track” 30, fig. 1) and positioned longitudinally rearward (see fig. 1) of the steering post (62) of the steering assembly (60).
Regarding claim 2, Esa further teaches that the structural frame (60) includes a rear portion (fig. 1) including a tunnel (18, [0076]), a front portion (fig. 1) positioned forward [0078] of the tunnel (18), and an over structure (24) which supports the steering assembly (60) and extends over the front portion (front of snowmobile), the front portion being movably [para. 0078 teaches: “the steering column 64 is rotatably (movably) supported by the upper support structure 24”] coupled to the left front suspension and the right front suspension [ para. 0077 teaches that for each front suspension assembly 52: the ski leg 54 is connected to its respective ski 50; the supporting arms 56 are pivotally connected between the ski leg 54 and the front suspension module 22; and the shock absorber 58 is pivotally connected between a lower one of the supporting arms 56 and the front suspension module 22; thus, an over structure which supports the steering assembly and extends over the front portion, the front portion being movably coupled to the left front suspension and the right front suspension.]
Regarding claim 3, Esa further teaches that the first component (152A; [0088]) is part of a battery assembly (“group of batteries” 152; [0088]).
Regarding claim 4, Esa further teaches that the battery assembly (152) includes a battery housing (45; [0088 teaches that the battery cover 45 is disposed over the batteries 152 so as to define a battery housing] and at least one battery (152A) and the first component is the battery housing (45) of the battery assembly (152), the battery housing (45) including an interior to receive the at least one battery [ see para. 0088].
Regarding claim 5, Esa further teaches that the first component is part of a motor assembly (“electrical system 150 that includes electric motor 32 with first and second batteries 152 and 154”; figs. 3 and 7 and [0087]; thus, the first component is part of a motor assembly).
Regarding claim 6, Esa further teaches that the motor assembly (fig. 2B) includes a motor housing (fig. 2B shows the motor housing) and at least one output shaft (88; [0081]) and the first component is the motor housing [para. 0081 expressly teaches that with reference to Fig. 5, an output shaft 88 is connected to and extends laterally inward (i.e. toward the left) from the electric motor 32. When the electric motor 32 is operating, the electric motor 32 turns the output shaft 88 about an output shaft axis 90].
Regarding claim 7, Esa further teaches that the first component (152A) forms part of the tunnel (18) of the structural frame (60; [para. 0088 teaches that the battery 152A is disposed on the tunnel 18 with a long side 160 facing the tunnel 18 and the 20-pole side 162 facing the front of the snowmobile 10; thus, the first component forms part of the tunnel of the structural frame]).
Regarding claim 8, Esa further teaches that the first component (152A) forms part of the front portion (fig. 3 expressly shows the feature) of the structural frame (60).
Regarding claim 9, Esa further teaches that the first component (152A) forms part of the overstructure (24) of the structural frame (60; [PARA. 0076 teaches that a front of the battery cover- 45 extends between legs 47 of the upper support structure 24 of the frame 16; thus, the first component forms part of the overstructure of the structural frame]).
Regarding claim 10, Esa further teaches that the structural frame (60) includes a middle portion (“middle portion”; [0076]) longitudinally (fig. 3 shows longitudinally) between the front portion (front portion of structure 60) and the tunnel (18) and the first component forms part of the middle portion of the structural frame [ para. 0076 expressly teaches that as can be seen, the seat 44 covers a front portion 5 and a middle portion of the battery cover 45, but not a rear portion of the battery cover 45. It is contemplated that depending on the size of the seat 44, more or less of the battery cover 45 could be covered by the seat 44. In some embodiments, the seat 44 is also connected to the frame 16, more specifically the upper support structure 24; thus, the structural frame (60) includes a middle portion longitudinally between the front portion and the tunnel and the first component forms part of the middle portion of the structural frame.]
Regarding claim 12, Esa discloses: a snowmobile (“electric snowmobile” 10; ‘Title’; figs. 1-15 and [0073]) comprising: a plurality of ground engaging members (two ground engaging members 38, sprockets 110 and endless track); including an endless track (“drive track” 30, fig. 1) positioned along a vertical (fig. 1 shows vertical) centerline plane (centerline plane 28, fig. 6) of the snowmobile (10,[0073]), a left front ski (left 50, fig.1), and a right front ski (right 50, fig. 1), the endless track (30) being positioned rearward (fig. 1 shows rearward) of the left front ski (left 50) and the right front ski (right 50);
a structural frame (16, figs. 1-3 and [0073]) supported by the plurality of ground engaging members (two ground engaging members 38, sprockets 110 and endless track; fig. 1-3), the structural frame (16) provides structural rigidity (via upper support structure 24; [0073]) for the snowmobile (10), the structural frame (16) including a tunnel (18) having a forwardmost extent (see fig. 3); and
an electric powertrain (“electrical system 150 that includes electric motor 32 with first and second batteries 152 and 154”; [0087]) operatively coupled to the endless track to power movement of the endless track [claim 26 teaches: “a mechanical drive operatively connecting the output shaft to the drive axle, the mechanical drive being disposed laterally between the drive track and the electric motor”; thus, an electric powertrain operatively coupled to the endless track], the electric powertrain including an electric motor (32) operatively coupled to the endless track (30); and a plurality of battery assemblies (152) operatively coupled to the electric motor (32), the plurality of battery assemblies (“group of batteries” 152; [0088]) including a first battery assembly (152A) supported by the tunnel (18) and extending forward of the forwardmost extent of the tunnel (see figs. 1-3 and [0088]).
Regarding claim 15, Esa further teaches that the electric powertrain further includes a chain drive [para. 0082 teaches that it is contemplated that the flexible element could be a hinged belt, such as a chain] which operatively couples the electric motor (32) to the endless track (30; [see fig. 5 configuration where chain coupled to motor and also to the endless track as called by para. 0082]).
Regarding claim 16, Esa further teaches that the electric motor (32) is operatively coupled (fig. 5) to the endless track (30) through a portion of the electric powertrain positioned laterally outboard of the first endless track [para. 0083 teaches that the drive axle 96 extends laterally through a forward portion of the tunnel 18 such that the ends of the drive axle 96 extend out of the sides (equivalent to laterally outboard) of the tunnel 18. As can be seen in fig. 5, two track drive sprockets 110 are disposed on the drive axle 96 and engage the drive track 30; thus, the electric motor is operatively coupled to the endless track through a portion of the electric powertrain positioned laterally outboard of the first endless track as depicted in fig. 5].
Regarding claim 18, Esa includes all the limitation of claim 12, including snowmobile, further comprising a mounting assembly (168) to couple the first battery assembly (152) to the tunnel (18; [para. 0088 teaches that brackets 168 are disposed over the batteries 152 and are fastened to the tunnel 18 to keep the batteries 152 in position]).
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 (i.e., changing from AIA to pre-AIA ) 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Esa in view of Zurbruegg et al. (US Pub. 20190285150 A1; hereinafter, “Zurbruegg”).
Regarding claim 13, Esa teaches the powertrain and the endless track, but differs from the claimed invention in that it has used chain, and sprockets drive system configuration for the power transmission; however
Zurbruegg in another electronic CVT with friction clutch similar to Esa teaches that the electric powertrain further includes a continuously variable transmission (‘CVT 48’; ‘Abstract’), the continuously variable transmission having a drive clutch (50, figs. 22-23; [0039]) and a driven clutch (52; [0039]) operatively coupled to the drive clutch (via variable speed belt 54), the drive clutch (50) being driven by the electric motor [para. 0040 teaches: “still referring to fig. 2, an actuator assembly 80 is configured to actuate primary clutch 50, as described herein. Actuator assembly 80 includes a motor 76 controlled by a control system including a controller 36”] and the endless track being driven by the driven clutch (by movable sheave of the driven clutch as depicted in fig. 3).
Therefore, it would have been obvious to one of ordinary skilled in the art before the filling date of the claimed invention to have the modified Esa to incorporate the teaching of Zurbruegg and replace the drive system of Esa with the CVT of Zurbruegg in order to advantageously upgrade the existing system with some modification, in such that the electrical motor configuration can be configured to actuate the primary clutch and cause movement of the vehicle with lower emission, stronger acceleration, no torque interruption and better control in corners. Such an arrangement represents an apparent design choice that a person of ordinary skill in the art would readily appreciate.
Regarding claim 14, Esa teaches the electrical powertrain and the endless track, but differs from the claimed invention in that it has used chain, and sprockets drive system configuration for the power transmission; however
Zurbruegg teaches that the electric powertrain further includes an electronically controlled continuously variable transmission [ ‘Abstract’ teaches: “the CVT is electronically controlled by a control unit of the vehicle”], the electronically controlled continuously variable transmission having a drive clutch (50, figs. 22-23; [0039]) and a driven clutch (52; [0039]) operatively coupled to the drive clutch (via variable speed belt 54), the drive clutch being driven by the electric motor [para. 0040 teaches: “still referring to fig. 2, an actuator assembly 80 is configured to actuate primary clutch 50, as described herein. Actuator assembly 80 includes a motor 76 controlled by a control system including a controller 36”] and the endless track being driven by the driven clutch (by movable sheave of the driven clutch as depicted in fig. 3).
Therefore, it would have been obvious to one of ordinary skilled in the art before the filling date of the claimed invention to have the modified Esa to incorporate the teaching of Zurbruegg and replace the drive system of Esa with an electronically controlled continuously variable transmission of Zurbruegg with a reasonable expectation of success in order to advantageously upgrade the existing system with some modification, in such that the electrical motor configuration can be configured to actuate the primary clutch and cause movement of the vehicle with lower emission, stronger acceleration, no torque interruption and better control in corners. The modification represents a predictable use of known elements to achieve expected functional results.
Claim(s) 17 and 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Esa in view of Achard, Paul (WO 2019049109 A1; hereinafter, “Paul”).
Regarding claim 17, Esa teaches the first battery assembly, but fails to explicitly teach that the first battery (152) assembly is moveable relative to the tunnel; however,
Paul in another battery arrangement for electric snow vehicles similar to Esa teaches that the first battery assembly is moveable relative to the tunnel [ ‘Abstract’ teaches: “the battery being positionable so that a center of mass of the battery be located at a given position along the longitudinal axis of the chassis; thus, the first battery assembly is moveable relative to the tunnel.]
Therefore, it would have been obvious to one of ordinary skilled in the art before the filling date of the claimed invention to arrive to an idea of getting moveable battery in such that it can be positioned or moved along the longitudinal tunnel of the snowmobile chassis as taught by Paul into the invention of Esa in order to advantageously receive and balance the center of mass of the battery to the required location across the tunnel, so that a movable battery placed along the longitudinal tunnel of an electric snowmobile lets skilled in the art actively tune the center of mass for better stability, traction, and handling across different riding condition.
Regarding claim 19, Esa does not appear to explicitly teach that the mounting assembly permits a movement of the first battery assembly relative to tunnel in a longitudinal direction along the tunnel; however,
Paul teaches that the mounting assembly (“cradle”; page. 9, lines 10-20) permits a movement of the first battery assembly relative to tunnel (3) in a longitudinal direction (“longitudinal axis”; ‘Abstract’) along the tunnel [ claim 7 teaches that the whole battery is positionable forward relative to the front track end of the endless track.]
Therefore, it would have been obvious to one of ordinary skilled in the art before the filling date of the claimed invention to have the modified Esa to incorporate the teaching of Paul and allow the movement of the first battery assembly relative to tunnel in a longitudinal direction along the tunnel in order to advantageously receive longitudinal weight distribution of the movable battery along the longitudinal tunnel of an electric snowmobile which will allow to actively tune the center of mass for better stability, traction, and handling across different riding condition. Based on the combined teachings of the cited references, the differences between the claimed invention and the prior art represent nothing more than the predictable use of known elements according to their established functions.
Regarding claim 20, Esa as modified above teaches the tunnel that includes at least one track, but fails to explicitly teach that the mounting assembly cooperates with the at least one track to limit movement of the first battery assembly in the longitudinal direction along the tunnel; however,
Paul teaches that the tunnel (3) includes at least one track (“front track” end of the endless track; [page 2, lines 23-24]) and the mounting assembly (“the enclosure 77 provides mounting”; page 15, lines 20-25]) cooperates with the at least one track (“front track”, fig. 1 and [page 2, lines 23-24]) to limit movement (via “recess”, fig. 1 and [page 10, lines 22-25]) of the first battery assembly (battery pack 6a, 6b, 6c, 6d) in the longitudinal direction (“longitudinal axis”; ‘Abstract’) along the tunnel (3); [ page 10, lines 23-24].
Therefore, it would have been obvious to one of ordinary skilled in the art before the filling date of the claimed invention to have the modified Esa to incorporate the teaching of Paul and provide at least one track to limit movement of the first battery assembly in the longitudinal direction along the tunnel. The modification represents nothing more than the predictable use of known fastening and limiting means to secure adjacent batteries components and therefore claim does not include any feature that would have rendered the combination non-obvious to one of ordinary skill in the art.
Regarding claim 21, Esa as modified above teaches the mounting assembly (“the enclosure 77 provides mounting”; page 15, lines 20-25]), but fails to explicitly teach that the mounting assembly includes a locked state wherein a longitudinal position of the first battery assembly is locked relative to the tunnel; however,
Paul teaches that the mounting assembly includes a locked state (via chassis structure 4; page 10, lines 20-25) wherein a longitudinal position of the first battery assembly (battery pack 6a, 6b, 6c, 6d) is locked [ page 10, lines 20-25 teaches: “the snow vehicle 1 comprises a chassis formed of a tunnel 3 and a forward chassis structure 4 which are secured together or integral together. The forward chassis structure 4 comprises a recess for 25 receiving a battery pack 6 therein, relative to the tunnel”; thus, a longitudinal position of the first battery assembly is locked.] relative to the tunnel (3).
Therefore, it would have been obvious to one of ordinary skilled in the art before the filling date of the claimed invention to have the modified Esa to incorporate the teaching of Paul and provide a locked state wherein a longitudinal position of the first battery assembly is locked relative to the tunnel. The modification represents nothing more than the predictable use of known fastening means to secure batteries on the vehicle when moving, allowing security to the battery, minimize wear and tearing apart, preserve from snow and water during several terrain condition and therefore claim does not include any feature that would have rendered the combination non-obvious to one of ordinary skill in the art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9963028 B1 to Yuta discloses: the battery support structure further includes a guide rail secured to the support surface. The battery support structure further includes a slide rail disposed in engagement with the guide rail and slidable relative to the guide rail.
JP 6035990 B2 to Fenton discloses: Case 20 when the external force in the extending direction of the floor tunnel 110 is input to the first casing portion, the first casing portion can move relative to the second casing portion.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIN KUMAR SHARMA whose telephone number is (703)756-4619. The examiner can normally be reached Mon - Friday: 8:00am - 5 PM EST.
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/NABIN KUMAR SHARMA/Examiner, Art Unit 3612
/JASON S MORROW/Primary Examiner, Art Unit 3612
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