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 .
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 6 and 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 6 recites the limitation "the step" in lines 7 and 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the step" in line 18. There is insufficient antecedent basis for this limitation in the claim.
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 (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 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, 2, 5, 7 and 8 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent application publication number US 2005/0206125 A1 to Lindby.
Regarding claims 1, 2, 5,7 and 8 Hunwardsen discloses a straddle type vehicle (as shown in Fig. 6)comprising:
[Claim 1] a front wheel and a rear wheel (as shown in Fig. 6);
a body frame rotatably supporting the front wheel and the rear wheel (as shown in Fig. 6); and
a pair of left and right steps (the left and right sides of guard 100, as shown in Fig. 1) supported by the body frame (as shown in Fig. 6), wherein the steps each include a base end portion (left side piece 14 and right sides piece 24) attached to the body frame without rotating about an axis extending in a left-right direction of the body frame (Paragraph [0039]), and a step main body portion (retractable footrests 12 and 22) having a footrest surface (footrest strips 13 and 21) configured to support feet of a rider (Paragraph [0035]), and the step main body portion (retractable footrests 12 and 22) extends outward in the left-right direction from the base end portion, and is coupled to the base end portion in a state of being rotatable about the axis extending in the left-right direction (The retractable footrests 12 and 22 rotate about inset pivot pin 17. Although, inset pivot pin has its longest length extending in the front to rear direction, it has width that extends in the left and right direction);
[Claim 2] wherein the base end portion (left side piece 14 and right sides piece 24) includes a rotation shaft (inset pivot pin 17) configured to rotate the step main body portion (retractable footrests 12 and 22) between a first posture (such as in Figs. 1 and 3) in which the step main body portion extends outward from the body frame in the left-right direction and a second posture (as shown in Fig. 4) in which the step main body portion extends upward from the body frame (the retractable footrests 12 and 22 extend upward from the vehicle frame via the guard 100);
[Claim 5] wherein the body frame includes a main frame extending rearward while inclining downward from above the front wheel (See the frame of the motorcycle in Fig. 6), and the rotation shaft (inset pivot pin 17) rotates the step main body portion (retractable footrests 12 and 22) about an axis parallel to the main frame (the retractable footrests 12 and 22 rotate about the rotation axis of insert pivot pin 17 which is parallel with the front-rear longitudinal direction of the motorcycle, Fig. 1 – 6);
[Claim 7] wherein the body frame includes a main frame extending rearward while inclining downward from above the front wheel (See Fig. 6, the frame of the motorcycle generally extends from the handlebars above the front wheel, downward and rearward towards the rear wheel), and a central axis of the rotation shaft (inset pivot pin 17) is fixed to extend substantially parallel to a central axis of the main frame (The axis of insert pivot pin 17 is generally parallel with the front-rear longitudinal direction of the motorcycle, Fig. 1 – 6); and
[Claim 8] wherein the step (the left and right sides of guard 100, as shown in Fig. 1) includes a step shaft (inset pivot pin 17) extending in the left-right direction, and the step main body portion (retractable footrests 12 and 22) and the base end portion (left side piece 14 and right sides piece 24) are connected to each other via the step shaft (See Fig. 1; Paragraph [0034]).
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hunwardsen, in view of patent application publication number US 2005/0116443 A1 to Egan.
Regarding claim 6, Hunwardsen discloses the straddle type vehicle (as shown in Fig. 6) according to claim 1, but does not explicitly teach wherein the body frame includes a hollow main frame supporting the step, and a reinforcing member disposed inside the main frame to reinforce a portion of the main frame that supports the step.
However, Egan discloses a motorcycle engine guard and foot peg for a motorcycle wherein the body frame (motorcycle frame 10) includes a hollow main frame (lower frame pipes 13 and horizontal frame member 16; Paragraph [0016]) supporting a step (folding foot pegs 42), and a reinforcing member (bracket 14) disposed inside the main frame (See Fig. 1) to reinforce a portion of the main frame that supports the step (via engine guard 22). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Hunwardsen’s motorcycle such that the main frame is composed of hollow tubes reinforced by a bracket to provides an overall stronger body frame.
Allowable Subject Matter
Claims 3 and 4 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.
Regarding claim 3, Hunwardsen discloses the straddle type vehicle according to claim 2, but does not explicitly disclose the first posture is a posture in which an outer end of the step main body portion in the left-right direction is located on an outer side in the left-right direction than a virtual line connecting a ground contact point of the rear wheel and an outer end of the body frame in the left-right direction when viewed along a front-rear direction of the body frame, and the second posture is a posture in which the outer end of the step main body portion in the left-right direction is located on an inner side in the left-right direction than the virtual line when viewed along the front-rear direction. Furthermore, since Hunwardsen discloses footrests (12 and 22) mounted on the motorcycle via guard (100) far out from the bicycle, it would not be obvious to modify Hunwardsen to have such a configuration as in claim 3 without interfering with the original intent of the device. Claim 4 depends from claim 3, and therefore incorporate all of the allowable subject matter of claim 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/KEVIN HURLEY/ Primary Examiner, Art Unit 3611
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