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.
Claim(s) 1-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Non-Patent Literature Document: PETER MCLAREN,
"Moto09GP Mugello: Aprilia's F1-style Rear Wing Makes a difference' MotoGP News", May 27, 2022, pages 1-7, XP093080530, Retrieved from the Internet: URL: http://www.crash.net/motogp/news/1003746/1/aprilia-s-new-f1style-rear-wing-makes-difference (cited on IDS 11/26/2024).
Regarding claims 1-8, "Moto09GP Mugello: Aprilia's F1-style Rear Wing Makes a difference' MotoGP News" discloses a rear wing on a motorcycle as shown in the Figure below.
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Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US 10730570 B2 discloses a vehicle with a body, two front wheels and at least one rear wheel. An airfoil is mounted to the body with adjustability in angle of attack, and at least one of the front wheels is driven to permit acceleration to a cruise speed at which the airfoil provides sufficient lift to raise the rear wheel off the road while the front wheels maintain contact with the road. Lift may be modified by at least modifying velocity and modifying the angle of attack of the airfoil. This vehicle provides advantages in comfort and efficiency due to reduced friction in contact with the road and imperfections on the road. The wing may also be adjusted to increase downward force on the rear wheel.
US 7021708 B2 discloses as can be seen in FIG. 1, the backrest (30) has the shape of a spoiler and is attached to the top of the brackets (40). The backrest (30) has a back pad (32) formed in the front side thereof for providing comfort for the passenger sitting on the removable seat (20). The spoiler shaped backrest (30) combines the functions of both a spoiler (reducing wind resist, increasing speed, etc.) and a backrest (providing comfort back support for passenger). The spoiler shape of the backrest also adds an elegant appearance to the motorcycle, especially, when it is painted in a color and pattern matching the color and pattern of the motorcycle.
DE 102010014571 B4 discloses vehicle comprises an aerodynamic cladding (5) and a seat (2) with a front seat surface (3) for a driver (6). A recess is provided in a rear part (4) for the laminar forwarding of the air flowing around the body of the driver. The rear part is formed adjacent to the seat surface. An independent claim is also included for a seat with a flow through opening in the rear part.
Communication
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Lori Lyjak whose telephone number is
571-272-6658. The Examiner can normally be reached from 8:30 a.m. to
4:30 p.m. EST Monday through Friday.
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/Lori Lyjak/Primary Examiner, Art Unit 3612B
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