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 1-7 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 pre-AIA the applicant regards as the invention.
With respect to claim 1, the recitation of a “straddle-type” vehicle renders the claims indefinite because the claim(s) include(s) elements not actually disclosed (those encompassed by "type"), thereby rendering the scope of the claim(s) unascertainable. See MPEP § 2173.05(d).
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.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nakata et al. (USPub 2017/0183994).
With respect to claim 1, Nakata et al. disclose an engine (10) to be mounted on a straddle vehicle (Fig 1), the engine comprising: a cylinder (42, 43) and a cylinder head (42b, 43b) stacked on an upper portion of a crank case (41); an exhaust pipe (52L, 52R, 53L, 53R) extending from the cylinder head and passing through a lateral side of the cylinder (Figs 2-4); an exhaust gas sensor (81, 111) attached to the exhaust pipe (Figs 2-7), on the lateral side of the cylinder (Figs 2-7); and a radiator (55, 56) positioned in front of the cylinder head, wherein the exhaust gas sensor is covered by the radiator from a front side (Fig 1).
With respect to claim 3, wherein the exhaust gas sensor is positioned between the cylinder head and the radiator, in a side view (Figs 2-4).
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 2 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakata et al. in view of Takiguchi (EP 3524502A1).
With respect to claim 2, Nakata et al. disclose the claimed invention discussed above but do not disclose wherein the radiator includes: a radiator core configured to radiate heat of cooling water into air; and tanks located on both upper and lower sides of the radiator core, and the exhaust gas sensor is covered by the lower tank from a front side. Takiguchi, however, discloses a radiator that includes: a radiator core (107) configured to radiate heat of cooling water into air; and tanks located on both upper (105) and lower (106) sides of the radiator core, and the exhaust gas sensor (141) is covered by the lower tank from a front side (Fig 16). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Nakata et al. in view of the teachings of Takiguchi to have a radiator core with upper and lower tanks in order to guide the coolant and spread it out. This shape forces the hot liquid to break into thin streams so the wind can easily cool it down. While Nakata et al. disclose a radiator and an oil filter with the radiator above the oil cooler, it would have been obvious to switch the location of the radiator and oil cooler, since it has been held that rearranging parts of an invention involves only routine skill in the art.
With respect to claim 6, Takiguchi discloses wherein a cooling water hose (83) extends from the lower tank (Fig 6). It would have been obvious to one having ordinary skill in the art before the invention was filed to have the exhaust gas sensor be covered by the cooling water hose from above, since it has been held that rearranging parts of an invention involves only routine skill in the art.
Allowable Subject Matter
Claims 4-5 and 7 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW J BROWN whose telephone number is (571)272-1362. The examiner can normally be reached Monday-Friday.
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DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3617
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