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.
Claims 11-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (US Pat 9,714,064).
Regarding claim 11, Suzuki et al. disclose a tilting motor vehicle 2, comprising: at least one lateral adjustable fairing part 20 which is displaceable in a translatory manner from a first position to a second position, wherein the second position is offset relative to the first position at least along a vertical axis of the motor vehicle 2 (see Figures 1-5; Col. 5, lines 9-19).
Regarding claim 12, Suzuki et al. disclose the motor vehicle 2 according to claim 11, wherein the fairing part 20 in the second position is configured to protect a driver of the motor vehicle 2 from an airstream (see Figure 1; Col. 5, lines 9-19).
Regarding claim 13, Suzuki et al. disclose the motor vehicle 2 according to claim 12, wherein, in the second position, the fairing part 20 protects an upper body half from the airstream (see Figures 1-5; Col. 5, lines 9-19).
Regarding claim 14, Suzuki et al. disclose the motor vehicle 2 according to claim 11, further comprising: an adjustment mechanism 24 configured to displace the fairing part 20 at least along the vertical axis (see Figures 1-5; Col. 5, lines 38-42; Col. 6, lines 43-54).
Regarding claim 15, Suzuki et al. disclose the motor vehicle 2 according to claim 13, wherein the adjustment mechanism 24 comprises at least one rotating arm 27, wherein the rotating arm 27 has a rotation axis C1 which is oriented perpendicularly, or substantially perpendicularly, to the vertical axis (see Figures 1-5; Col. 5, line 58-Col. 6, line 7).
Regarding claim 16, Suzuki et al. disclose the motor vehicle 2 according to claim 13, wherein the adjustment mechanism 24 has a rail system 23 configured to displace the fairing part 20 at least along the vertical axis (see Figures 1-7, 9, and 13; Col. 5, lines 33-57).
Regarding claim 17, Suzuki et al. disclose the motor vehicle 2 according to claim 11, wherein the second position is offset relative to the first position counter to a direction of travel (see Figures 1-6; Col. 7, lines 47-54).
Regarding claim 18, Suzuki et al. disclose the motor vehicle 2 according to claim 11, further comprising: a fairing 15 which defines an outer skin of the motor vehicle 2 (see Figures 1 and 3), wherein the fairing part 20 in the first position is integrated in the outer skin (see Figure 1; Col. 4, line 62-Col. 5, line 19).
Regarding claim 19, Suzuki et al. disclose the motor vehicle 2 according to claim 11, further comprising: a base part 16 on which the fairing part 20 rests in the first position (see Figures 1-6; Col. 5, lines 4-19).
Regarding claim 20, Suzuki et al. disclose the motor vehicle according to claim 19, wherein the base part 16 is a portion of a fairing 15 of the motor vehicle 2, or a separate element (see Figures 1-6; Col. 4, lines 62-Col. 5, line 19).
Regarding claim 21, Suzuki et al. disclose the motor vehicle according to claim 14, wherein the adjustment mechanism 24 comprises a manual activation element 38 (see Figures 2-10; Col. 6, lines 43-59).
Regarding claim 22, Suzuki et al. disclose the motor vehicle according to claim 11, wherein the motor vehicle is a motorcycle (see Figure 1; Col. 4, lines 56-61).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nakano et al. (US Pat 9,937,972) disclose a motorcycle having an adjustable fairing part that moves between a first position and a second position. Srabstein (US Pat 10,286,969) disclose a motorcycle having an adjustable fairing part that moves between a first position and a second position. Schneider (US PG Pub 2022/0281547) discloses a motorcycle having a fairing part that is adjustable and moves between a first position and a second position. Weinelt (US Pat 12,583,543) discloses a motorcycle having a fairing part that is adjustable between a first position and a second position. Vetter (US Pat 5,857,727) discloses a motorcycle with a fairing part that moves between a first position and a second position. Hickman (US Pat 4,355,838) discloses a motorcycle with a fairing part that moves between a first position and a second position. Larive et al. (US Pat 3,815,696) disclose a fairing part for a vehicle that moves between a first position and a second position. Saunders (US Pat 5,855,404) discloses a motorcycle with a fairing part that moves between a first position and a second position.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VERONICA M CONDO whose telephone number is (571)272-9415. The examiner can normally be reached Mon-Fri 8am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached at (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VERONICA M CONDO/Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
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