DETAILED ACTION
Claims 1 – 12 are pending in the present application.
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 submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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.
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.
Claims 1-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kawai et al. (US 20080230030; hereinafter Kawai) in view of Kawatani (US 20070012274).
Regarding claim 1, Kawai teaches an installation structure of an intake air temperature sensor for detecting a temperature of intake air (at least 127; [0091]) to an engine (12) in a straddle-type vehicle (abstract; [0002]; see figs. 4, 5 and 6), wherein
an air cleaner case is installed behind the engine ([0025] teaches regarding and “air cleaner box”; see elements 22 and 122; see [0052] and [0104]; abstract),
an outlet tube (at least 23; see also 123) is connected to a front surface of the air cleaner case (see at least fig. 3 showing this configuration with a tube connected to the front of the air cleaner box; see also fig. 6),
a rear suspension (at least 21; see also 113) is installed in front of the air cleaner case (see figs. 3 and 6),
the outlet tube has a passage portion extending forward through one side (left facing forward; see fig. 3 showing this configuration in a view facing to the rear; see fig. 2 showing the III-III line along which fig. 3 is shown) with respect to the rear suspension in a vehicle width direction of the straddle-type vehicle (see fig. 4 showing this side-by-side configuration; see also fig. 3 and fig. 6), and
the intake air temperature sensor (127) is installed on a side surface (upper side; see figs. 3 and 6) on another side of the outlet tube (see figs. 2 and 6 showing that the upper side is another side from the left side).
Kawai does not directly and specifically state that the side surface is in the vehicle width direction (showing upper; see above).
However, Kawatani teaches a straddle type vehicle (ATV; see fig. 1) with an air cleaner case (71) with passages (see fig. 7) and an air intake temperature sensor (150; see [0065]) where the temperature sensor is installed on a vertical side of the connecting tube (see figs. 7 and 8 showing this configuration in an embodiment).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the intake air temperature sensor for a straddle type vehicle of Kawai with the specific knowledge of using the intake air temperature sensor for a straddle type vehicle specifically mounted on a vertical side of Kawatani. This is because it has been held that rearranging parts of an invention (here the side for mounting the temperature sensor where the prior art shows this configuration is known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 2, Kawai teaches that the intake air temperature sensor is positioned between the air cleaner case and the rear suspension in a side view of the straddle-type vehicle (see at least fig. 6 showing this configuration).
Regarding claim 3, Kawai teaches that a reservoir tank (47) is provided on the other side with respect to the rear suspension in the vehicle width direction ([0066] “a reservoir tank 47 of the rear cushion unit 21 is disposed on a side opposite from the connecting pipe 27 of the intake air passage 23”; see fig. 3), and the intake air temperature sensor is positioned between the air cleaner case and the reservoir tank in a top view of the straddle-type vehicle (see fig. 3 showing this configuration).
Kawai does not directly and specifically state regarding a connector on a distal end side of the intake air temperature sensor is positioned inside a side surface on the other side of the air cleaner case and a side surface on the other side of the reservoir tank in the vehicle width direction.
However, Kawatani teaches a straddle type vehicle (ATV; see fig. 1) with an air cleaner case (71) with passages (see fig. 7) and an air intake temperature sensor (150; see [0065]) where the temperature sensor is installed on a vertical side of the connecting tube (see figs. 7 and 8 showing this configuration in an embodiment) with a connector (at least 132) on a distal end side of the intake air temperature sensor and positioned on a side surface in a vehicle direction (see fig. 8; see also fig. 7).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the intake air temperature sensor for a straddle type vehicle of Kawai with the specific knowledge of using the intake air temperature sensor for a straddle type vehicle specifically mounted with a connector a side surface in a vehicle direction of Kawatani. This is because it has been held that rearranging parts of an invention (here the side for mounting the temperature sensor with a connector where the prior art shows this configuration is known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 4, Kawai teaches that the rear suspension is positioned at a center in the vehicle width direction in a top view of the straddle-type vehicle (see at least figs. 5 and 6 showing this from a side view and fig. 3 showing this configuration from a center cutaway view), the passage portion is positioned on the one side with respect to the rear suspension in the vehicle width direction (see at least fig. 3 showing this configuration).
Kawai does not directly and specifically state that the intake air temperature sensor is positioned on the other side with respect to the rear suspension in the vehicle width direction.
However, Kawatani teaches a straddle type vehicle (ATV; see fig. 1) with an air cleaner case (71) with passages (see fig. 7) and an air intake temperature sensor (150; see [0065]) where the temperature sensor is installed on a vertical side / in a vehicle width direction of the connecting tube (see figs. 7 and 8 showing this configuration in an embodiment).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the intake air temperature sensor for a straddle type vehicle of Kawai with the specific knowledge of using the intake air temperature sensor for a straddle type vehicle specifically mounted on a vertical side of Kawatani. This is because it has been held that rearranging parts of an invention (here the side for mounting the temperature sensor where the prior art shows this configuration is known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 5, Kawai lacks teaching that the intake air temperature sensor is installed at the same height as the passage portion.
However, Kawatani teaches a straddle type vehicle (ATV; see fig. 1) with an air cleaner case (71) with passages (see fig. 7) and an air intake temperature sensor (150; see [0065]) where the temperature sensor is installed on a vertical side of the connecting tube (see figs. 7 and 8 showing this configuration in an embodiment) and at the same height as the passage/tube (see figs. 7 and 8).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the intake air temperature sensor for a straddle type vehicle of Kawai with the specific knowledge of using the intake air temperature sensor for a straddle type vehicle specifically mounted on a vertical side at the same height as the tube/passage of Kawatani. This is because it has been held that rearranging parts of an invention (here the side for mounting the temperature sensor where the prior art shows this configuration is known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 6, Kawai teaches that a seat is supported from below by a pair of upper seat rails (see at least [0079] “a pair of right and left seat rails 107”; see fig. 6; see also elements 9 and fig. 2), the pair of upper seat rails are supported from below by a pair of lower seat rails (see at least [0079] “a pair of right and left support frames 108”; see fig. 6; see also elements 10 and fig. 2).
Kawai lacks teaching that the pair of upper seat rails are positioned on an inner side in the vehicle width direction than the pair of lower seat rails, and the intake air temperature sensor is covered from above by the upper seat rails and positioned on the inner side in the vehicle width direction than the lower seat rails, in a top view of the straddle-type vehicle.
However, Kawai does disclose placement of the sensor interior to the rails in a protected manner (see figs. 3 and 6 showing placement of the intake air temperature sensor generally below seat supported by the upper rails and internal to the lower seat supporting rails/frames; see [0035] and [0102]; see also [0100])
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the protected placement of the temperature sensor interior to the rails of Kawai with other specific placements also interior to the rails and protected as claimed here. This is because one of ordinary skill in the art would have expected the placement claimed to be one of several straightforward ways of protecting the sensor because the protection by placement interior to the straddle type vehicle frame is taught as is the need to prevent stones sand and mud from affecting the sensor (see [0100]).
Further, it has been held that rearranging parts of an invention (here respectively below and interior to the rails for supporting the seat) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 7, Kawai teaches a straddle-type vehicle (abstract; [0002]; see figs. 4, 5 and 6), comprising:
an air cleaner case installed behind an engine ([0025] teaches regarding and “air cleaner box”; see elements 22 and 122; see [0052] and [0104]; abstract);
an outlet tube (at least 23; see also 123) connected to a front surface of the air cleaner case (see at least fig. 3 showing this configuration with a tube connected to the front of the air cleaner box; see also fig. 6);
a rear suspension (at least 21; see also 113) installed in front of the air cleaner case (see figs. 3 and 6); and
an intake air temperature sensor (127) configured to detect a temperature of intake air to the engine ([0025]; see at least fig. 6 showing this configuration), wherein
the outlet tube has a passage portion extending forward through one side (left facing forward; see fig. 3 showing this configuration in a view facing to the rear; see fig. 2 showing the III-III line along which fig. 3 is shown) with respect to the rear suspension in a vehicle width direction of the straddle-type vehicle (see fig. 4 showing this side-by-side configuration; see also fig. 3 and fig. 6), and
the intake air temperature sensor (127) is installed on a side surface (upper side; see figs. 3 and 6) on another side of the outlet tube (see figs. 2 and 6 showing that the upper side is another side from the left side).
Kawai does not directly and specifically state that the side surface is in the vehicle width direction (showing upper; see above).
However, Kawatani teaches a straddle type vehicle (ATV; see fig. 1) with an air cleaner case (71) with passages (see fig. 7) and an air intake temperature sensor (150; see [0065]) where the temperature sensor is installed on a vertical side of the connecting tube (see figs. 7 and 8 showing this configuration in an embodiment).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the intake air temperature sensor for a straddle type vehicle of Kawai with the specific knowledge of using the intake air temperature sensor for a straddle type vehicle specifically mounted on a vertical side of Kawatani. This is because it has been held that rearranging parts of an invention (here the side for mounting the temperature sensor where the prior art shows this configuration is known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 8, Kawai teaches that the intake air temperature sensor is positioned between the air cleaner case and the rear suspension in a side view of the straddle-type vehicle (see at least fig. 6 showing this configuration).
Regarding claim 9, Kawai teaches that a reservoir tank (47) is provided on the other side with respect to the rear suspension in the vehicle width direction ([0066] “a reservoir tank 47 of the rear cushion unit 21 is disposed on a side opposite from the connecting pipe 27 of the intake air passage 23”; see fig. 3), and the intake air temperature sensor is positioned between the air cleaner case and the reservoir tank in a top view of the straddle-type vehicle (see fig. 3 showing this configuration).
Kawai does not directly and specifically state a connector on a distal end side of the intake air temperature sensor is positioned inside a side surface on the other side of the air cleaner case and a side surface on the other side of the reservoir tank in the vehicle width direction.
However, Kawatani teaches a straddle type vehicle (ATV; see fig. 1) with an air cleaner case (71) with passages (see fig. 7) and an air intake temperature sensor (150; see [0065]) where the temperature sensor is installed on a vertical side of the connecting tube (see figs. 7 and 8 showing this configuration in an embodiment) with a connector (at least 132) on a distal end side of the intake air temperature sensor and positioned on a side surface in a vehicle direction (see fig. 8; see also fig. 7).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the intake air temperature sensor for a straddle type vehicle of Kawai with the specific knowledge of using the intake air temperature sensor for a straddle type vehicle specifically mounted with a connector a side surface in a vehicle direction of Kawatani. This is because it has been held that rearranging parts of an invention (here the side for mounting the temperature sensor with a connector where the prior art shows this configuration is known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 10, Kawai teaches that the rear suspension is positioned at a center in the vehicle width direction in a top view of the straddle-type vehicle (see at least figs. 5 and 6 showing this from a side view and fig. 3 showing this configuration from a center cutaway view), the passage portion is positioned on the one side with respect to the rear suspension in the vehicle width direction (see at least fig. 3 showing this configuration).
Kawai does not directly and specifically state that the intake air temperature sensor is positioned on the other side with respect to the rear suspension in the vehicle width direction.
However, Kawatani teaches a straddle type vehicle (ATV; see fig. 1) with an air cleaner case (71) with passages (see fig. 7) and an air intake temperature sensor (150; see [0065]) where the temperature sensor is installed on a vertical side / in a vehicle width direction of the connecting tube (see figs. 7 and 8 showing this configuration in an embodiment).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the intake air temperature sensor for a straddle type vehicle of Kawai with the specific knowledge of using the intake air temperature sensor for a straddle type vehicle specifically mounted on a vertical side of Kawatani. This is because it has been held that rearranging parts of an invention (here the side for mounting the temperature sensor where the prior art shows this configuration is known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 11, Kawai lacks direct and specific teaching that the intake air temperature sensor is installed at the same height as the passage portion.
However, Kawatani teaches a straddle type vehicle (ATV; see fig. 1) with an air cleaner case (71) with passages (see fig. 7) and an air intake temperature sensor (150; see [0065]) where the temperature sensor is installed on a vertical side of the connecting tube (see figs. 7 and 8 showing this configuration in an embodiment) and at the same height as the passage/tube (see figs. 7 and 8).
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the intake air temperature sensor for a straddle type vehicle of Kawai with the specific knowledge of using the intake air temperature sensor for a straddle type vehicle specifically mounted on a vertical side at the same height as the tube/passage of Kawatani. This is because it has been held that rearranging parts of an invention (here the side for mounting the temperature sensor where the prior art shows this configuration is known) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Regarding claim 12, Kawai teaches that a seat is supported from below by a pair of upper seat rails (see at least [0079] “a pair of right and left seat rails 107”; see fig. 6; see also elements 9 and fig. 2), the pair of upper seat rails are supported from below by a pair of lower seat rails (see at least [0079] “a pair of right and left support frames 108”; see fig. 6; see also elements 10 and fig. 2).
Kawai lacks teaching that the pair of upper seat rails are positioned on an inner side in the vehicle width direction than the pair of lower seat rails, and the intake air temperature sensor is covered from above by the upper seat rails and positioned on the inner side in the vehicle width direction than the lower seat rails, in a top view of the straddle-type vehicle.
However, Kawai does disclose placement of the sensor interior to the rails in a protected manner (see figs. 3 and 6 showing placement of the intake air temperature sensor generally below seat supported by the upper rails and internal to the lower seat supporting rails/frames; see [0035] and [0102]; see also [0100])
Therefore, before the effective filing date of the claimed invention it would have been obvious to one of ordinary skill in the art to modify the protected placement of the temperature sensor interior to the rails of Kawai with other specific placements also interior to the rails and protected as claimed here. This is because one of ordinary skill in the art would have expected the placement claimed to be one of several straightforward ways of protecting the sensor because the protection by placement interior to the straddle type vehicle frame is taught as is the need to prevent stones sand and mud from affecting the sensor (see [0100]).
Further, it has been held that rearranging parts of an invention (here respectively below and interior to the rails for supporting the seat) involves only routine skill in the art (see MPEP 2144.04 (VI-C)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892.
See especially:
Williams (US 20180045145); teaching regarding an air filter with temperature sensor thereon for motorcycle engines. See [0031]; [0036] and [0063] teaching that “installing the air temperature sensor in different locations along the intake tube, as needed” is known.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP COTEY whose telephone number is (571)270-1029. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Laura Martin can be reached at 571-272-2160. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PHILIP L COTEY/ Examiner, Art Unit 2855
/LAURA MARTIN SWEENEY/ Supervisory Patent Examiner, Art Unit 2855
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