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 .
DETAILED ACTION
Response to Arguments
Applicant's arguments filed 07/24/2026 with regards to the rejection of claims 11 and 12 by Mikami (US 4,703,825) and Saito et al (US 4,709,774) have been fully considered but they are not persuasive.
As concerns Applicant's argument that Mikami and Saito fail to anticipate the claimed air duct with an air inlet and an air outlet, the Examiner respectfully disagrees.
Applicant points out that Mikami has an inlet at 19 and outlet at 43, and an engine compartment in the middle. This is not being denied. However, the claim language requires: "at least one air guiding unit... comprising an air guiding duct... wherein the air guiding duct has an inlet... and wherein the air guiding duct has an outlet...". The claimed structure does not preclude an engine cavity or distinguish the invention over the prior art reference.
Similarly, the claim language does not preclude the invention of Saito from anticipating the claimed duct.
As concerns Applicant's argument that Mikami and Saito fail to specify the claimed flow being directed toward an underlying surface, the Examiner respectfully disagrees.
The claims currently recite "wherein the air guiding duct and/or outlet have a contour which makes it possible to deflect air...[that] is intended to flow out of the outlet into a main flow direction, which runs at an inclination to the surface of the second side of the housing body and is directed toward an underlying surface." As claimed, the main flow direction appears to be loosely defined as being 'directed toward an underlying surface'. In the case of both Mikami and Saito, during a leaning motion when the bike would be turning, the air flow would be directed outward, effectively being directed “toward an underlying surface”, as well as toward the back of the motorcycle and along its body.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following must be shown or the feature(s) canceled from the claim(s).
wherein a “main flow direction runs at an inclination”
“an underlying surface”
“static pressure on a first side of the vehicle being elevated relative to a static pressure on the second side”
“free jet”
“pulse”
“housing body is configured to act as a supporting profile that experiences aerodynamic lift”
“horizontally running component”
Wherein the inlet and outlet have specific cross-sectional area ranges
“wherein the air guiding duct extends substantially parallel to a transverse axis of the tilting vehicle”.
No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 27 is 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.
As concerns claim 27, the phrase “the main flow direction is aligned running parallel or at an inclination to a horizontal” is unclear, rendering the claim indefinite. It is unclear what the main flow direction is aligned to, running parallel to. If Applicant’s intention is ‘running parallel … to a horizontal’, to be compared to ‘at an inclination to a horizontal’, it would appear that those are the only available options and thus do not further limit the claimed invention.
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.
Claims 11-13, 15, 18, 21-23 and 29-30 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Mikami et al (US 4,703,825).
As concerns the following, Mikami et al (US 4,703,825) discloses:
11. (New) A tilting vehicle comprising:
a housing body (Mikami - 8) arranged substantially between a front wheel (Mikami - 2) and a rear wheel (Mikami - 5) and having at least one air guiding device, the air guiding device comprising at least one air guiding unit (Mikami - Figure 3), which is arranged on or in the housing body (Mikami - 8) and which comprises an air guiding duct running on or through the housing body (Mikami - 8),
wherein the air guiding duct has an inlet (Mikami - 19), which is arranged on a first side of the housing body (Mikami - 8) and via which air can flow into the air guiding duct, and
wherein the air guiding duct has an outlet (Mikami - 43), which is arranged on a second side of the housing body (Mikami - 8) situated opposite the first side of the housing body (Mikami - 8) and via which air can flow out of the air guiding duct.
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12. (New) The tilting vehicle according to claim 11, wherein the air guiding duct and/or the outlet (Mikami - 43) have a contour which makes it possible to deflect air that flows into the air guiding duct via the inlet (Mikami - 19) and is intended to flow out of the outlet (Mikami - 43) into a main flow direction, which runs at an inclination to the surface of the second side of the housing body (Mikami - 8) and is directed toward an underlying surface. (Mikami – Figure 3 illustrates such a configuration, at least by way of deflectors 46.)
13. (New) The tilting vehicle according to claim 11, wherein the inlet (Mikami - 19) and the outlet (Mikami - 43) of the air guiding unit (Mikami - Figure 3) are arranged offset from one another with respect to a vehicle longitudinal axis, in that the inlet (Mikami - 19) has a smaller spacing from the front wheel (Mikami - 2) than the outlet (Mikami - 43) does. (Mikami – Figure 2 illustrates such a configuration)
15. (New) The tilting vehicle according to claim 11, wherein the air guiding duct has an arcuate shape. (Mikami – Figure 3 illustrates such a configuration)
18. (New) The tilting vehicle according to claim i1, wherein the inlet (Mikami - 19) has an opening which steplessly continues an outer surface of the housing body (Mikami - 8), or wherein the inlet (Mikami - 19) comprises a funnel-like inlet (Mikami - 19), which projects beyond the outer surface of the housing body (Mikami - 8). (Mikami – Figure 3 illustrates such a stepless continuation to an outer surface. Additionally, elements 22 provide a funnel like inlet at 19)
21.(New) The tilting vehicle according to claim 11, wherein the first side of the housing body is a side facing toward an underlying surface (Mikami - left side of the vehicle) when the tilting vehicle is cornering, and the second side of the housing body (Mikami – right side of vehicle) is a side facing away from the underlying surface (as best understood to mean the road surface) when the tilting vehicle is cornering.
22.(New) The tilting vehicle according to claim 21, wherein, when the tilting vehicle is cornering, a static pressure on the first side of the housing body is elevated relative to a static pressure on the second side of the housing body (such a pressure differential is understood to occur naturally, according to fluid mechanics; as such Mikami is understood to experience such a pressure differential) such that a flow is established through the air guiding duct from the first side toward the second side, the air exiting the outlet as a free jet. (As a free jet is defined as the expansion of fluid without being confined by solid boundaries, i.e. a nozzle, Mikami is understood to anticipate this aspect.)
23.(New) The tilting vehicle according to claim 22, wherein the free jet causes a pulse, at least a component of which counteracts a centrifugal force acting on the tilting vehicle when the tilting vehicle is cornering. (As best understood, given that the airflow conditions claimed are those that are experienced by Mikami, resulting in a free jet, Mikami is also understood to be able to exhibit the claimed ‘pulse’ to counteract centrifugal force during cornering.)
29.(New) The tilting vehicle according to claim 11, wherein the tilting vehicle is a racing motorbike (under the broadest reasonable interpretation, any motorbike may be a ‘racing’ motorbike, as no special definition has been provided.)
30.(New) The tilting vehicle according to claim 11, wherein the air guiding duct extends substantially parallel to a transverse axis of the tilting vehicle. (Mikami illustrates wherein the duct from the left side of the vehicle to the right side extends across the vehicle, i.e. ‘substantially parallel’.)
Claims 11-20 and 29 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable by Saito et al (US 4,709,774).
As concerns the following, Saito et al (US 4,709,774) discloses:
11. (New) A tilting vehicle comprising:
a housing body (Saito - 17) arranged substantially between a front wheel (Saito - 3) and a rear wheel (Saito - 6) and having at least one air guiding device, the air guiding device comprising at least one air guiding unit (Saito - 53), which is arranged on or in the housing body (Saito - 17) and which comprises an air guiding duct running on or through the housing body (Saito - 17),
wherein the air guiding duct has an inlet (Saito - 48), which is arranged on a first side of the housing body (Saito - 17) and via which air can flow into the air guiding duct, and
wherein the air guiding duct has an outlet (Saito - 17a), which is arranged on a second side of the housing body (Saito - 17) situated opposite the first side of the housing body (Saito - 17) and via which air can flow out of the air guiding duct.
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12. (New) The tilting vehicle according to claim 11, wherein the air guiding duct and/or the outlet (Saito - 17a) have a contour which makes it possible to deflect air that flows into the air guiding duct via the inlet (Saito - 48) and is intended to flow out of the outlet (Saito - 17a) into a main flow direction, which runs at an inclination to the surface of the second side of the housing body (Saito - 17) and is directed toward an underlying surface. (Saito – Figure 4 illustrates such a configuration, at least by way of the outward deflection at 17a.)
13. (New) The tilting vehicle according to claim 11, wherein the inlet (Saito - 48) and the outlet (Saito - 17a) of the air guiding unit (Saito - 53) are arranged offset from one another with respect to a vehicle longitudinal axis, in that the inlet (Saito - 48) has a smaller spacing from the front wheel (Saito - 3) than the outlet (Saito - 17a) does. (Saito – Figure 1 illustrates such a configuration)
14. (New) The tilting vehicle according to claim 11, wherein the inlet (Saito - 48) and the outlet (Saito - 17a) of the air guiding unit (Saito - 53) are arranged offset from one another with respect to a vehicle vertical axis. (Saito – Figure 2 illustrates such an offset)
15. (New) The tilting vehicle according to claim 11, wherein the air guiding duct has an arcuate shape. (Saito – Figure 4 illustrates such a configuration, see airflow arrows)
16. (New) The tilting vehicle according to claim 11, wherein the air guiding duct has a cross section which decreases between the inlet (Saito - 48) and outlet (Saito - 17a), from the inlet (Saito - 48) toward the outlet (Saito - 17a). (Saito – Figure 4 illustrates wherein the cross section of the duct changes, with at least some decreasing shown between the inlet and the outlet)
17. (New) The tilting vehicle according to claim 16, wherein the outlet (Saito - 17a) has a nozzle-like contour. (Saito – under the broadest reasonable interpretation, the nozzle-like contour requires that the outlet simply direct the flow of air which is accomplished by the contour of Saito.)
18. (New) The tilting vehicle according to claim i1, wherein the inlet (Saito - 48) has an opening which steplessly continues an outer surface of the housing body (Saito - 17), or wherein the inlet (Saito - 48) comprises a funnel-like inlet (Saito - 48), which projects beyond the outer surface of the housing body (Saito - 17). (Saito – Figure 4 illustrates such a stepless continuation along an outer surface.)
19. (New) The tilting vehicle according to claim 11, wherein the air guiding device comprises at least two air guiding units (Saito - 53), which are arranged running mirror- symmetrically to one another with respect to a plane of symmetry running through the vehicle vertical axis and the vehicle longitudinal axis. (Saito provides two intersecting flow paths which meet the claimed mirroring.)
20. (New) The tilting vehicle according to claim 19, wherein the air guiding ducts of the at least two air guiding units (Saito - 53) cross one another, or wherein the at least two air guiding units (Saito - 53) extend with their air guiding ducts at a spacing from one another. (Saito illustrates wherein the units effectively cross one another, internally as the flow paths come together, then part.)
29.(New) The tilting vehicle according to claim 11, wherein the tilting vehicle is a racing motorbike (under the broadest reasonable interpretation, any motorbike may be a ‘racing’ motorbike, as no special definition has been provided.)
Claims 24-27 and 29 are rejected under 35 U.S.C. 102(a)(1) as being unpatentable Maeda et al (US 2014/0091596).
24.(New) A tilting vehicle comprising:
a housing body (10) arranged substantially between a front wheel (58) and a rear wheel (59) and having at least one air guiding device (10), the air guiding device comprising at least one air guiding unit, which is arranged on or in the housing body and which comprises an air guiding duct (10g) running on or through the housing body,
wherein the air guiding duct has an inlet (10h), which is arranged on a first side of the housing body and via which air can flow into the air guiding duct, and
wherein the air guiding duct has an outlet (10sh), which is arranged on a second side of the housing body situated opposite (Figure 5 illustrates such opposed sides) the first side of the housing body and via which air can flow out of the air guiding duct,
wherein, when the tilting vehicle is driving straight ahead, air circulates around the first side and the second side of the housing body at an identical flow-circulation velocity such that no air flow is established in the air guiding duct. (Paragraph [0057] discusses wherein air flow is equalized)
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25.(New) A tilting vehicle comprising:
a housing body (10) arranged substantially between a front wheel (58) and a rear wheel (59) and having at least one air guiding device (10), the air guiding device comprising at least one air guiding unit, which is arranged on or in the housing body and which comprises an air guiding duct (10g) running on or through the housing body,
wherein the air guiding duct has an inlet (10h), which is arranged on a first side of the housing body and via which air can flow into the air guiding duct, and
wherein the air guiding duct has an outlet (10sh), which is arranged on a second side of the housing body situated opposite (Figure 5 illustrates such opposed sides) the first side of the housing body and via which air can flow out of the air guiding duct,
wherein the housing body (general shape of a motorcycle being blade-shaped) is configured to act as a supporting profile that experiences aerodynamic lift when the tilting vehicle is cornering. (The general shape of the motorcycle of Maeda is one of a wing on wheels, which would experience lift.)
26.(New) A tilting vehicle comprising:
a housing body (10) arranged substantially between a front wheel (58) and a rear wheel (59) and having at least one air guiding device (10), the air guiding device comprising at least one air guiding unit, which is arranged on or in the housing body and which comprises an air guiding duct (10g) running on or through the housing body,
wherein the air guiding duct has an inlet (10h), which is arranged on a first side of the housing body and via which air can flow into the air guiding duct, and
wherein the air guiding duct has an outlet (10sh), which is arranged on a second side of the housing body situated opposite (Figure 5 illustrates such opposed sides) the first side of the housing body and via which air can flow out of the air guiding duct,
wherein the air guiding duct (10g) and/or the outlet (10sh) have a contour which makes it possible to deflect air that flows into the air guiding duct via the inlet (10h) and is intended to flow out of the outlet into a main flow direction, which runs at an inclination (Figure 2 illustrates such an inclination) to the surface of the second side of the housing body and is directed toward an underlying surface (f18c is shown to be directed outwardly and along the outer edge of 10, i.e. the underlying surface),
wherein the main flow direction comprises a horizontally running component (the airflow coming out of the jet 10sh has a horizontal component that is thus understood to counteract centrifugal force) that counteracts a centrifugal force acting on the tilting vehicle when cornering.
27.(New) A tilting vehicle comprising:
a housing body (10) arranged substantially between a front wheel (58) and a rear wheel (59) and having at least one air guiding device (10), the air guiding device comprising at least one air guiding unit, which is arranged on or in the housing body and which comprises an air guiding duct (10g) running on or through the housing body,
wherein the air guiding duct has an inlet (10h), which is arranged on a first side of the housing body and via which air can flow into the air guiding duct, and
wherein the air guiding duct has an outlet (10sh), which is arranged on a second side of the housing body situated opposite (Figure 5 illustrates such opposed sides) the first side of the housing body and via which air can flow out of the air guiding duct,
wherein the air guiding duct (10g) and/or the outlet (10sh) have a contour which makes it possible to deflect air that flows into the air guiding duct via the inlet (10h) and is intended to flow out of the outlet into a main flow direction, which runs at an inclination (Figure 2 illustrates such an inclination) to the surface of the second side of the housing body and is directed toward an underlying surface (f18c is shown to be directed outwardly and along the outer edge of 10, i.e. the underlying surface),
wherein, when the tilting vehicle is cornering, the main flow direction is aligned running parallel or at an inclination to a horizontal. (When the vehicle of Maeda is tilting, the flow angle of f18c as shown in Figure 5 would be in a range between parallel or inclined to horizontal.)
29.(New) The tilting vehicle according to claim 11, wherein the tilting vehicle is a racing motorbike (under the broadest reasonable interpretation, any motorbike may be a ‘racing’ motorbike, as no special definition has been provided.)
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 28 is rejected under 35 U.S.C. 103 as being unpatentable over Saito as applied to claims 11-20 above, and further in view of Imal et al (US 4,911,494).
Saito discloses the tilting vehicle according to claim 16, however fails to specify wherein the inlet has a cross section of approximately 5000 mm2 and the outlet has a cross section of 1000 mm2 to 2000 mm2.
Imal et al (US 4,911,494) discloses a motorcycle comprising an air guiding duct, with an inlet (216) and an outlet (217) wherein the inlet is larger than the outlet for the purpose of increasing the flow of air out of the outlet, as compared to its inflow speed into the inlet. (Column 3, Lines 29-49)
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Thus, it is disclosed to be a result effective variable in that changing the inlet and outlet size relative to one another would effect the fluid flow rate.
Further, it appears one of ordinary skill in the art would have had a reasonable expectation of success in modifying Saito to have a cross section of an inlet and outlet within the claimed ranges, as it involves only adjusting the dimension of a component disclosed to effect fluid flow rate as taught by Imal.
Therefore, it would have been obvious to modify Saito as taught by Imal to include wherein the inlet has a cross section of approximately 5000 mm2 and the outlet has a cross section of 1000 mm2 to 2000 mm2 as a matter of routine optimization since is has been held that “where the general conditions of the claim are disclosed in the prior art , it is not inventive to discover the optimum or workable ranges by routine experimentation.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON L LEMBO whose telephone number is (571)270-3065. The examiner can normally be reached Monday-Friday, 7am-4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Coy can be reached on (571) 272-5405. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/AARON L LEMBO/
Primary Examiner
Art Unit 3672
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