DETAILED ACTION
This is the first Office action on the merits of Application No. 18/752,026. Claims 1-20 are pending.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/27/2024, 5/29/2025, 7/3/2025, and 7/7/2025 have been considered by the examiner.
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 1-4 and 7-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hasegawa (US Patent Publication 20190047654, cited on the IDS).
Regarding claim 1, Hasegawa discloses a motorcycle (Fig. 1, vehicle 1) comprising: a power system comprising a power source (64) for locomotion of the motorcycle; a frame (11) supporting the power system; a manipulation system (e.g. associated with steering shaft 61) supported by the frame; a seating structure (84) arranged above the frame; a suspension (Fig. 1 and paragraph [0003]) connecting front and rear wheels to the frame; wherein the frame comprises a main frame comprising: a head tube (12); a plurality of frame tubes connected to the head tube and extending rearwardly therefrom, the plurality of frame tubes comprising at least one upper main frame tube (13) and at least one lower main frame tube (14); a mounting plate (42 and paragraph [0058]) connected between the upper main frame tube and the lower main frame tube, the mounting plate being adapted for positioning and supporting the power source (Fig. 2), and a casting (26 and paragraph [0057]) adapted for connecting to the upper main frame tube and to the lower main frame tube, wherein the casting defines an angle of the upper main frame tube relative to the lower main frame tube (e.g. Fig. 5).
Regarding claim 2, Hasegawa discloses the motorcycle of claim 1, wherein the frame further comprises a sub-frame (Fig. 4) positioned behind the main frame and secured to the main frame, the sub-frame comprising: at least one right sub-frame tube (35 right) on a right side of a longitudinal mid-plane of the motorcycle; at least one left sub-frame tube (35 left) on a left side of the longitudinal mid-plane of the motorcycle; and a license plate mount (36) fixed to both the right sub-frame tube and the left sub-frame tube and extending across the longitudinal mid-pane of the motorcycle.
Regarding claim 3, Hasegawa discloses the motorcycle of claim 1, wherein the frame further comprises a middle frame (e.g. 21) fixed at a rear end of the main frame so as to extend downwardly therefrom, wherein the suspension comprises a rear shock absorber (Fig. 2) and two rear rocker arms (77), the two rear rocker arms being pivotally attached to the middle frame to pivot and provide suspension motion of the rear shock absorber (Fig. 2).
Regarding claim 4, Hasegawa discloses the motorcycle of claim 3, wherein the suspension comprises a shock absorber linkage connected between a bottom end of the rear shock absorber and the middle frame, the shock absorber linkage having at least one first link (80) and at least one second link (81), the first link being pivotally connected to the middle frame and pivotally connected to the second link, the second link being pivotally connected to at least one of the two rear rocker arms and pivotally connected to the bottom end of the rear shock absorber and pivotally connected to the first link.
Regarding claim 7, Hasegawa discloses the motorcycle of claim 1, wherein the main frame comprises a fixation sleeve supported under the lower main frame tube, with a screw barrel insert threadingly received in the fixation sleeve, with a mounting pin bolt threadingly received in the screw barrel insert, the mounting pin bolt mating into an opening of the power source to connect the power source to the frame (Fig. 3 shows mounting locations and e.g. paragraphs [0052-0053], [0058], [0062], [0071] describes hardware).
Regarding claim 8, Hasegawa discloses the motorcycle of claim 7, wherein an axial position of the screw barrel insert in the fixation sleeve is fixed by a lock nut, and wherein a spacer around the mounting pin bolt separates the screw barrel insert from a face of the power source (Fig. 3 shows mounting locations and e.g. paragraphs [0052-0053], [0058], [0062], [0071] describes hardware).
Regarding claim 9, Hasegawa discloses a motorcycle (Fig. 1, vehicle 1) comprising: a power system comprising a power source (64) for locomotion of the motorcycle; a frame (11) supporting the power system; a manipulation system (e.g. associated with steering shaft 61) supported by the frame; a housing (83) covering at least a portion of the frame; at least one front wheel and at least one rear wheel (63 and 78); wherein the frame comprises: a main frame comprising: a head tube (12); a plurality of frame tubes connected to the head tube and extending rearwardly therefrom, the plurality of frame tubes comprising at least one upper main frame tube (13) and at least one lower main frame tube (14); and a mounting plate (42 and paragraph [0058]) connected between the upper main frame tube and the lower main frame tube, the mounting plate being adapted for positioning and supporting the power source, and a sub-frame (Fig. 4) positioned behind the main frame and secured to the main frame, the sub-frame comprising: at least one right sub-frame tube (35 right) on a right side of a longitudinal mid-plane of the motorcycle; at least one left sub-frame tube (35 left) on a left side of the longitudinal mid-plane of the motorcycle; and a license plate mount (36) fixed to both the right sub-frame tube and the left sub-frame tube and extending across the longitudinal mid-pane of the motorcycle; and a seating structure (84) comprising a seat cushion for a user to straddle and ride on, the seating structure supported by the sub-frame.
Regarding claim 10, Hasegawa discloses the motorcycle of claim 9, wherein the license plate mount comprises a left plate (37 left, Fig. 3) portion angled downwardly and inwardly from the left sub-frame tube, a right plate portion (37 right, Fig. 3) angled downwardly and inwardly from the right sub-frame tube, and a central plate portion (middle section of bridge 36) extending transversely across the longitudinal mid-plane of the motorcycle, the central plate portion connecting the left plate portion to the right plate portion.
Regarding claim 11, Hasegawa discloses the motorcycle of claim 10, wherein the license plate mount defines at least one lightening hole (formed by ribs 37), and wherein the license plate mount comprises at least one reinforcement rib (37 middle).
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 5-6 and 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa (US Patent Publication 20190047654, cited on the IDS) in view of Kitajima (US Patent Publication 20080062544, cited on the IDS).
Regarding claim 5, Hasegawa discloses the motorcycle of claim 1, wherein the frame further comprises a front frame connected to the head tube and extending forwardly therefrom, wherein the manipulation system.
Hasegawa does not disclose the details of the rear-view mirror.
Kitajima a rear-view mirror (30) at least one rear-view mirror having a mirror support arm supported by the front frame portion, the motorcycle further comprising a blinker (33) having a lighting portion on the mirror support arm.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hasegawa to incorporate the rear-view mirror of Kitajima with a reasonable expectation of success as these features are need for vehicle safety and integrating the indicator and mirror can reduce the number of parts (Kitajima, paragraph [0003]).
Regarding claim 6, Hasegawa, as modified by Kitajima, discloses the motorcycle of claim 5, wherein the front frame comprises an upper T-tube, a lower T-tube and a head tube mount casting, the head tube mount casting being secured to the head tube and defining a position of the upper T-tube and the lower T-tube relative to the main frame (Hasegawa, Fig. 1, e.g. forks 62).
Regarding claim 16, Hasegawa discloses (see claims 1 and 9) motorcycle comprising: a power system comprising a power source for locomotion of the motorcycle; a frame supporting the power system; a manipulation system supported by the frame, the manipulation system comprising a housing covering at least a portion of the frame; wherein the frame comprises: a main frame comprising: a head tube; a plurality of frame tubes connected to the head tube and extending rearwardly therefrom, the plurality of frame tubes comprising at least one upper main frame tube and at least one lower main frame tube; and a mounting plate connected between the upper main frame tube and the lower main frame tube, the mounting plate being adapted for positioning and supporting the power source, and a sub-frame positioned behind the main frame and secured to the main frame; and a seating structure comprising a seat cushion for a user to straddle and ride on, the seating structure supported by the sub-frame (see claims 1 and 9).
Hasegawa does not disclose the details of the rear-view mirror.
Kitajima a rear-view mirror (30) on a mirror support arm, the rear view mirror having a reflective surface (35); an electrical system support by the frame, the electrical system comprising a turn signal blinker (33) supported on the mirror support arm, wherein the reflective surface of the rear-view mirror can be pivoted relative to the mirror support arm without moving the turn signal blinker relative to the mirror support arm (Fig. 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hasegawa to incorporate the rear-view mirror of Kitajima with a reasonable expectation of success as these features are need for vehicle safety and integrating the indicator and mirror can reduce the number of parts (Kitajima, paragraph [0003]).
Regarding claim 17, Hasegawa, as modified by Kitajima, discloses the motorcycle of claim 16, wherein the manipulation system further comprises a mirror support seat (34) secured relative to the frame, with the mirror support arm being rotatably connected to the mirror support seat.
Regarding claim 18, Hasegawa, as modified by Kitajima, discloses the motorcycle of claim 17, wherein the mirror support seat and the mirror support arm comprise at least one positioning projection received in a positioning recess, biased together by a spring (paragraph [0053]).
Regarding claim 19, Hasegawa, as modified by Kitajima, discloses the motorcycle of claim 16, wherein a ball pin rod is secured at a distal end of the mirror support arm, and wherein the reflective surface of the rear-view mirror is within a rear-view mirror housing supported on a spherical portion of the ball pin rod (Fig. 4).
Regarding claim 20, Hasegawa, as modified by Kitajima, discloses the motorcycle of claim 19, wherein a connection between the ball pin rod and the rear-view mirror allows the reflective surface of the rear-view mirror to pivot at least 20 degrees relative to the mirror support arm (paragraph [0057]). Hasegawa, as modified by Kitajima, does not specifically disclose angle at least of 20 degrees.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hasegawa, as modified by Kitajima, to incorporate the angle at least of 20 degrees with a reasonable expectation of success to have the recognized advantage that the mirror needs to pivot enough to accommodate needed views.
Claims 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa (US Patent Publication 20190047654, cited on the IDS) in view of Ishii (Japanese document JP2015096417, cited on the IDS).
Regarding claim 12, Hasegawa discloses the motorcycle of claim 8, wherein the housing.
Hasegawa does not disclose the wing.
Ishii discloses the housing comprises a leading wing and a trailing wing each extending outwardly from a side of the motorcycle, the leading wing and the trailing wing each being able to generate downward pressure due to wind resistance, thereby increasing the downward force on the front wheel and increasing front wheel traction and road grip during high-speed running of the motorcycle (e.g. Fig. 5 and “generate a force that presses downward while suppressing the running resistance force. Here, the blade cross-sectional shape may be, for example, a shape in which the leading edge is curved and the trailing edge is sharp”).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hasegawa to incorporate the wing of Ishii with a reasonable expectation of success of having more efficient air flow characteristics.
Regarding claim 13, Hasegawa, as modified by Ishii, discloses the motorcycle of claim 12, wherein a distal edge of the leading wing connects to the trailing wing, with an air flow gap defined between the leading wing and the trailing wing (e.g. Fig. 5).
Regarding claim 14, Hasegawa, as modified by Ishii, discloses the motorcycle of claim 12, wherein an airflow flow outlet is defined between the leading wing, the trailing wing and the housing (e.g. Fig. 5).
Regarding claim 15, Hasegawa, as modified by Ishii, discloses the motorcycle of claim 12, wherein the leading wing has a windward surface with a length in the range from 50 mm to 90 mm, with the windward surface having an angle relative to horizontal in the range from 15 degrees to 25 degrees (e.g. Fig. 5).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hasegawa, as modified by Ishii, to incorporate the angle and length dimensions with a reasonable expectation of success of having more efficient air flow characteristics.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bagnariol (US Patent Publication 20180257726) discloses a motorcycle with frame (e.g. Fig. 11).
Aydoung (US Patent Publication 20190047655) discloses a motorcycle with frame.
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/LORI WU/Primary Examiner, Art Unit 3655
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