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 § 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 and 2 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent number US 9,873,316 B2 to Lovold et al.(hereinafter referred to as Lovold).
Regarding claims 1 and 2, Lovold discloses an off-road vehicle (vehicle 2) comprising:
[Claim 1] a plurality of ground engaging members (front wheels 6 and rear wheels 8);
a frame (frame 4);
an operator seat (seat assembly 16);
an engine (engine 200);
a continuously variable transmission (CVT (CVT 600)) coupled to the engine;
an engine intake system (integrated snorkel 974 and intake duct 980), including an engine air inlet (intake duct 980) fluidly coupled to the engine and positioned forward of the operator seat; and
a CVT air system (intake duct 608 and exhaust duct 610), including:
a CVT cooling air inlet (intake duct 608) fluidly coupled to the CVT and positioned forward of the operator seat, and a CVT cooling air outlet (exhaust duct 610) fluidly coupled to the CVT and positioned forward of the operator seat (Figs. 21 -29); and
[Claim 2] further comprising:
an elevated housing (the outer body/ fairing of vehicle 2), wherein the engine air inlet (intake duct 980), the CVT cooling air inlet (intake duct 608), and the CVT cooling air outlet (exhaust duct 610) are disposed within the elevated housing, the elevated housing comprising a plurality of inner walls to separate a plurality of airflows (the inner surfaces of the outer body/ fairing would serve as inner walls to separate flows).
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 3 – 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Lovold, in view of patent number US 11,173,808 B2 to Swain et al. (hereinafter referred to a s Swain).
Regarding claims 3, 4 and 7, Lovold discloses the off-road vehicle of claims 2 and 1, respectively, but does not disclose:
[Claim 3] wherein a mesh cover is applied directly to the engine air inlet;
[Claim 4] further comprising an engine air duct, wherein the engine air duct is baffled; and
[Claim 7] wherein the elevated housing further comprises a removable grill.
Swain discloses a vehicle:
[Claim 3] wherein a mesh cover (plurality of louvres 408) is applied directly to the engine air inlet (engine inlet portion 402);
[Claim 4] further comprising an engine air duct (air intake assembly 28), wherein the engine air duct is baffled (the fins of engine inlet portion 402 can be considered a baffle, Fig. 42); and
[Claim 7] wherein an elevated housing (air plenum 382) further comprises a removable grill (plurality of louvres 402 which are capable of being removed, Fig. 47). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Lovold, to include a mesh cover and a baffle, or removable grille on the air intake of the engine to prevent debris from entering the engine while it is running.
Regarding claim 5, Lovold discloses the off-road vehicle (vehicle 2) of claim 2, further comprising a cooling assembly, the cooling assembly comprising a radiator (radiator 1040) and the engine air inlet (intake duct 980), the CVT cooling air inlet (intake duct 608), and the CVT cooling air outlet (exhaust duct 610) are disposed within the elevated housing (the outer body/ fairing of vehicle 2). However, Lovold does not disclose the cooling assembly comprises a fan and does not disclose the radiator and fan are disposed within the elevate housing along with the other components.
Swain discloses a cooling assembly (See Fig. 47) that comprises a fan (two fans 432) and a radiator (radiator 430), both the fan and radiator are disposed within the vehicle housing (between and behind fender 190, See Figs. 56 and 57). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Lovold such that the radiator and the fan also are disposed within the housing of the vehicle, as taught by Swain, to prevent outside elements from entering the vehicle.
Allowable Subject Matter
Claims 6, 8 and 9 – 14 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.
Claims 15 – 20 include allowable subject matter.
Regarding claim 6, Lovold discloses the off-road vehicle of claim 5, but does not teach the vehicle further comprising a body assembly supported by the frame comprising a plurality of body panels and a hood disposed forward of the operator seat, wherein the radiator and the fan are disposed above the hood, and wherein the hood prevents a radiator airflow from entering the body assembly.
Regarding claim 8, Lovold discloses the off-road vehicle of claim 1, but does not teach wherein the engine air inlet, the CVT cooling air inlet, and the CVT cooling air outlet are disposed higher than the operator seat. Claim 9 depends from claim 8, and therefore, is also allowable.
Regarding claim 10, patent number US 10,744831 B2 to Hayashi et al. (hereinafter referred to as Hayashi) discloses an off-road vehicle (vehicle 2), comprising:
a plurality of ground engaging members (left front wheel 2L, right front wheel 2L, left rear wheel 3L and right rear wheel 3R);
a frame (frame 4) including a forward end and a rear end (See Fig. 2);
an operator seat (seats 5);
a prime mover (engine 71);
a steering column (steering shaft 11) in communication with at least one of the plurality of ground engaging members (Fig. 3);
a continuously variable transmission (continuously variable transmission 71) coupled to the prime mover;
a prime mover intake system (intake system 73A – 73D) including an engine air inlet (air inlet 73C) and a filter assembly fluidly coupled to the prime mover (filter, Col. 8, Lns. 50 – 51); and
a CVT air system (intake duct 91 and air inlet 91A), including:
a CVT cooling air inlet (intake duct 91) fluidly coupled to the CVT and positioned forward of the steering column (steering shaft 11, Fig. 3), and a CVT cooling air outlet (exhaust duct 92), and fluidly coupled to the CVT. However, Hayashi does not disclose a CVT cooling air outlet positioned forward of the steering column. Lovold also does not disclose this configuration. Claims 11 – 14 depend from claim 10, and therefore, are also allowed.
Regarding claim 15, Lovold discloses an off-road vehicle (vehicle 2) comprising:
a plurality of ground engaging members (front wheels 6 and rear wheels 8);
a frame (frame 4) including a rear frame assembly (the rear portion of frame 4) and a front frame portion (the front portion of frame 4);
an operator seat (seat assembly 16);
a steering column (steering system 20 and steering post 1050) in communication with at least one of the plurality of ground engaging members;
a continuously variable transmission (CVT (CVT 600)) coupled to the engine;
an engine intake system (integrated snorkel 974 and intake duct 980), including an engine air inlet (intake duct 980), an intake duct (integrated snorkel 974), and an air filter assembly (filter 976) fluidly coupled to the engine, and
a CVT air system (intake duct 608 and exhaust duct 610), including a CVT cooling air inlet (intake duct 608) and a CVT cooling air outlet (exhaust duct 610) fluidly coupled to the CVT (CVT 600).
However, Lovold does not disclose an engine operably coupled to a transaxle input; and wherein the intake duct is positioned above a plane of the transaxle input. Lovold discloses an engine (200) that is positioned in the front to middle of the vehicle. The transmission (transmission 204) is positioned in the rear of the vehicle. Lovold is silent as to a transaxle. Transaxles are generally closely coupled to engines where the drive wheels are located. The air ducts of Lovold are near the front of the vehicle. Therefore, modifying Lovold to include a transaxle would interfere with the overall design of Lovold’s vehicle including the cooling system. Claims 16 – 20 depend from claim 15, and therefore, are also allowable.
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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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/KEVIN HURLEY/ Primary Examiner, Art Unit 3611
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