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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “29” and “22” have been used to designate two different parts in Figure 1. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
Specification para. 13, line 5, Figures do not show “crankcase 23”
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 and 7-8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the phrasing “traveling wind” which is a double-inclusion that is unclear in accordance with MPEP 2173.05(o). It is indeterminant if “traveling wind” of claim 1 indicates A or B in FIG. 16, or some combination therein.
Claim 7 recites “CFRP” and claim 8 recites “PP”, which are unclear. Although the claims are read in light of the Specification, limitations from the Specification are not read into the claims. The Examiner recommends using the full terminology of “Carbon Fiber Reinforced Plastics” and “Polypropylene”.
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.
(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.
Claim 1 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being by Matsuo et al. (EP 2910459).
Regarding claim 1, Matsuo discloses a saddle-ride vehicle comprising: an energy storage unit (44); a shroud wing (extending portion 50); and a shroud intake (main body front portion 52), the shroud intake being provided with a suction opening (slits 66 and 68) and disposed on left and right sides of the energy storage unit (Fig. 6), the shroud intake guiding traveling wind below a seat (arrow a in Fig. 2), the shroud wing being disposed forward of the shroud intake and having a shroud wing upper surface (upper extending portion 62) and a shroud wing lower surface (lower extending portion 64), the shroud wing lower surface guiding traveling wind to the suction opening, the shroud wing upper surface causing the traveling wind to flow to a side of a vehicle body, the shroud wing including a wing body portion further inward in a vehicle-body width direction than a shroud wing side portion (Fig. 5 shows the upper extending portion 62 is more inward in a vehicle-width direction than the lower extending portion 64), the wing body portion including a first pointed portion (front-end portion 60) on a front side in a vehicle-body front-rear direction and on an inside in the vehicle-body width direction, and a second pointed portion (outermost portion 70) on a rear side in the vehicle-body front-rear direction and on an outside in the vehicle-body width direction, the wing body portion, the suction opening, and the energy storage unit being arranged in this order from the front in a vehicle body side view (Fig. 2).
Regarding claim 4, Matsuo discloses the wing body portion is inclined upward toward the rear of the vehicle body and upward toward the inside in the vehicle-body width direction (Fig. 2, 3, and 5).
Regarding claim 5, Matsuo discloses an angle changes from a gentle slope to a steeper slope from the first pointed portion toward the second pointed portion (ridge 69 line between 60 and 70, Fig.2).
Regarding claim 6, Matsuo discloses the wing body portion has a sweptback wing shape on the inside in the vehicle-body width direction with respect to the shroud wing side portion (Fig. 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.
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.
Claim 1, 2, and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Haraguchi et al. (US 2018/0118295), in view of Matsuo et al. (EP 2910459), and in view of Futamata et al. (EP 2574529).
Regarding claim 1, Haraguchi discloses a saddle-ride vehicle (motorcycle 10) comprising an energy storage unit (fuel tank 29); a shroud wing (middle cowl 42); and a shroud intake (side cowl 33), the shroud intake being provided with a suction opening (air intake port 54g) and disposed on left and right sides of the energy storage unit (Para. 40, lines 4-5, Fig. 1), the shroud intake guiding traveling wind below a seat (Para. 6, lines 5-6, Para. 120, lines 5-10, Fig. 12 arrow L), the shroud wing being disposed forward of the shroud intake (Fig. 1 and 3) and having a shroud wing upper surface and a shroud wing lower surface, the shroud wing lower surface guiding traveling wind to the suction opening (Para. 120, lines 1-5, Fig. 12), the shroud wing upper surface causing the raveling wind to flow to a side of a vehicle body (Para. 119, lines 1-9, Fig. 12).
Haraguchi does not disclose the shroud wing including a wing body portion further inward in a vehicle-body width direction than a shroud wing side portion, the wing body portion including a first pointed portion on a front side in a vehicle-body front-rear direction and on an inside in the vehicle-body width direction, and a second pointed on a rear side in the vehicle-body front-rear direction and on an outside in the vehicle-body width direction.
Matsuo teaches the shroud wing including a wing body portion (upper arm portion 72) further inward in a vehicle-body width direction than a shroud wing side portion (lower arm portion 74) (Fig. 2 and 5), the wing body portion including a first pointed portion on a front side in a vehicle-body front-rear direction and on an inside in the vehicle-body width direction (front-end portion 60), and a second pointed portion on a rear side in the vehicle-body front-rear direction and on an outside in the vehicle-body width direction (outermost portion 70) (Fig. 2-4).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of effective filing date of the claimed invention to incorporate the structure and/or functionality of the wing body portion as taught by Matsuo into the saddle-ride vehicle of Haraguchi, for the advantage of better guidance of the air flow to a designated area in saddle-ride vehicle.
Haraguchi does not disclose the wing body portion, the suction opening, and the energy storage unit being arranged in this order from the front in a vehicle body side view.
Futamata teaches the wing body portion (outer shroud 21), the suction opening (wind guiding port 30), and the energy storage (fuel tank 5) unit being arranged in this order from the front in a vehicle body side view (Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of effective filing date of the claimed invention to incorporate the arrangement of the wing body portion, the suction opening, and the energy storage as taught by Futamata into the saddle-ride vehicle of Haraguchi, for the advantage of better guidance of the air flow to a designated area in saddle-ride vehicle.
The combination as mapped above suggests the remaining claimed limitation as follows (mapping to Haraguchi unless otherwise noted):
2. The saddle-ride vehicle according to claim 1, wherein the wing body portion (Futamata: outer shroud 21) partially overlaps the suction opening (Futamata: wind guiding port 30) in a vehicle body front view (Futamata: Fig. 2).
Regarding claim 4-6, Haraguchi does not disclose the wing body portion is inclined upward toward the rear of the vehicle body and upward toward the inside in the vehicle-body width direction, an angle changes from a gentle slope to a steeper slope from the first pointed portion toward the second pointed portion, the wing body portion has a sweptback wing shape on the inside in the vehicle-body width direction with respect to the shroud wind side portion.
Matsuo teaches the wing body portion is inclined upward toward the rear of the vehicle body and upward toward the inside in the vehicle-body width direction (Fig. 2-4), an angle changes from a gentle slope to a steeper slope from the first pointed portion toward the second pointed portion(ridge 69 line between 60 and 70, Fig.2), the wing body portion has a sweptback wing shape on the inside in the vehicle-body width direction with respect to the shroud wind side portion (Fig. 4).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of effective filing date of the claimed invention to incorporate a shape of the wing body portion as taught by Matsuo into the saddle-ride vehicle of Haraguchi, for the advantage of better guidance of the air flow to a designated area in saddle-ride vehicle.
Claim 3 is rejected under U.S.C. 103 as being unpatentable over Haraguchi, Matsuo, and Futamata, in view of Iida et al. (US 8910993).
Regarding claim 3, Haraguchi does not disclose the suction opening partially overlaps a head pipe in the vehicle body side view.
Iida teaches the suction opening (opening 41) partially overlaps the head pipe (11) in the vehicle body side view (Col. 5, lines 6-9, Fig. 2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of effective filing date of the claimed invention to incorporate the arrangement of the suction opening and the head pipe as taught by Iida into the saddle-ride vehicle of Haraguchi, for the advantage in betterment of the flow of the air passing through the suction opening to cause the lightness of banking at the time in the stage of turning of the vehicle body.
Claim 7-8 are rejected under 35 U.S.C. 103 as being unpatentable either over Haraguchi, Matsuo, and Futamata, or over Matsuo, in view of Matsuo et al. (US 2018/0072364), hereinafter Matsuo’64.
Regarding claim 7 and 8, Haraguchi or Matsuo does not disclose the shroud intake comprises CFRP, the shroud wing comprises PP.
Matsuo’64 teaches the shroud intake comprises CFRP, the shroud wing comprises PP (Para. 76 and 77).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the time of effective filing data of the claimed invention to use the functionality of CFRP and PP as taught by Matsuo’64 into the saddle-ride vehicle of Haraguchi or Matsuo, to increase the durability strength of the shroud to prevent the damage from any external forces applied.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUHYUNG SONG whose telephone number is (571)270-3030. The examiner can normally be reached Mon-Fri 8:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DUHYUNG SONG/Examiner, Art Unit 3618
/T. SCOTT FIX/Primary Examiner, Art Unit 3618
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