DETAILED ACTION
This is on the merits of Application No. 18751798, filed on 06/24/2024. Claims 1-20 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
The information disclosure statement (IDS), submitted on 06/24/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
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 1-2 and 10-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 9174702 to Gauthier et al.
Gauthier discloses:
(Claim 1) A snowmobile (Fig. 1) comprising: a forward frame assembly (Fig. 3 element 16) defining an engine bay (Fig. 4 element 20); an engine (Fig. 5 element 24) positioned within the engine bay, the engine having a plurality of intake ports positioned on an aft side of the engine (Col. 8 ln 15-17) and a plurality of exhaust ports positioned on a forward side of the engine (Col. 8 ln 39-41); an air intake system (Fig. 6 element 96) having at least one air inlet and a plurality of air outlets, the air intake system coupled to the aft side of the engine such that each of the air outlets is configured to provide air to one of the intake ports (Col. 8 ln 15-38, air intake supplies air to the air intake ports); and an exhaust system (Fig. 6 element 150) having a plurality of exhaust inlets and at least one exhaust outlet, the exhaust system coupled to the forward side of the engine such that each of the exhaust inlets is configured to receive exhaust from one of the exhaust ports (Col. 8 ln 39-63, Figs. 5-8, exhaust manifold 152 has inlets that connect to the exhaust ports).
(Claim 2) wherein, the engine is a four-stroke engine (Col. 7 ln 11-14, can be any other type of engine, such as a four-cycle (stroke) engine).
(Claim 10) wherein, the exhaust system further comprises an exhaust manifold (Fig. 8 element 152) coupled to the forward side of the engine, the exhaust manifold includes the exhaust inlets.
(Claim 11) wherein, the exhaust system further comprises a muffler (168) positioned outboard of the engine bay (See Fig. 4, element 168 is outboard the engine bay).
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.
Claims 1-5 and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent App. Pub. No. 20200277023 to Vigen in view of Gauthier.
Vigen discloses:
(Claim 1) A snowmobile (Fig. 1) comprising: a forward frame (104) assembly defining an engine bay; an engine (116) positioned within the engine bay, the engine having an intake port positioned on an aft side of the engine (see par. [0004]) and an exhaust port positioned on a forward side of the engine (see annotated Fig. 6 below, exhaust port E is positioned on a forward side of the engine); an air intake system (202) having at least one air inlet and an air outlet (see Fig. 5A-D, par. [0052], air is collected in air box 206 and funnels to the outlet shown in the figures), the air intake system coupled to the aft side of the engine such that the air outlet is configured to provide air to the intake port; and an exhaust system (118) having an exhaust inlet and at least one exhaust outlet, the exhaust system coupled to the forward side of the engine such that the exhaust inlet is configured to receive exhaust from the exhaust port (see Fig. 1 element 118 connected to exhaust port with an outlet at muffler 120).
(Claim 2) wherein, the engine is a four-stroke engine (see par. [0062]).
(Claim 3) wherein, the air intake system further comprises an airbox (206) positioned at least partially forward of the engine bay, the airbox includes the at least one air inlet; and wherein, the at least one air inlet is positioned outboard of the engine bay (see Figs.1-2, 5A-D, and 6, when comparing the position of the airbox 206 and the frame 104 between Figs. 1 and 2, it can be seen that the airbox is positioned partially forward of the engine bay. The air inlet which funnels the air would therefore also be outboard of the engine bay).
(Claim 4) wherein, the air intake system further comprises an air plenum (Fig. 6 element 204) positioned on top of the engine.
(Claim 5) wherein, the air plenum is positioned at least partially within the engine bay (See Fig. 6).
(Claim 10) wherein, the exhaust system further comprises an exhaust manifold (Fig. 1 element 118) coupled to the forward side of the engine, the exhaust manifold includes the exhaust inlet.
(Claim 11) wherein, the exhaust system further comprises a muffler (120) positioned outboard of the engine bay (See Fig. 1, element 120 is outboard the engine bay).
Vigen does not disclose:
(Claim 1) a plurality of intake ports, exhaust ports, air outlets, and exhaust inlets.
Gauthier teaches:
Using a plurality of intake ports, exhaust ports, air outlets, and exhaust inlets (see Abstract, 102 rejection above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified, with a reasonable expectation of success, the structure of Vigen to have multiple intake ports and exhaust ports, thus more air outlets, and exhaust inlets, as taught by Gauthier, as an obvious design choice to the amount of ports/outlets/inlets wanted. It is well-known in the art to use one or multiple ports depending on preference/cost. More ports allow for more airflow by increasing the total surface area for gases to escape as well as allowing the engine to breathe easier at higher speeds at the cost of increased manufacturing cost. One of ordinary skill could easily apply the teaching of multiple ports and produce predictable results.
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Allowable Subject Matter
Claims 13-20 are allowed.
Claims 6-9 and 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: The prior art of record does not disclose nor render obvious the limitations of claims 6 and 12-13. Particularly in claim 6, a throttle valve assembly coupled to the air plenum, the throttle valve assembly positioned outboard of the engine bay. Particularly in claim 12, wherein, the air intake system further comprises a throttle valve assembly positioned outboard of the engine bay on a first side of the engine; and wherein, the exhaust system further comprises a muffler positioned outboard of the engine bay on a second side of the engine that is opposite the first side of the engine. Particularly in claim 13, the same above limitations.
Gauthier and Vigen are the closest prior art of record. Both do not disclose the above limitations. It would not have been obvious to modify the art, without improper hindsight reasoning, as none of the prior art disclose nor render obvious these limitations. While throttle valves are well-known in the art, none of the art of record disclose nor teach a throttle valve assembly outboard of the engine bay in combination with either the disclosed air plenum nor the disclosed muffler outboard the engine bay on an opposite side of the engine of the throttle valve assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Matsudo (US 2008/0185204) discloses a snow vehicle.
Ashida (US 6227323) discloses an exhaust control system for snowmobile engine.
Marier et al (US 5660245) discloses a snowmobile.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HANNON whose telephone number is (571)270-1943. The examiner can normally be reached Monday - Friday 10-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ernesto Suarez can be reached at (571) 270-5565. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY HANNON/Primary Examiner, Art Unit 3655
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