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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/16/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
The information disclosure statement (IDS) submitted on 05/30/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
The disclosure is objected to because of the following informalities:
Page 24, line 7: “the upper edge portion 17c” should be –the upper edge portion 17d--.
Appropriate correction is required.
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 2-5 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 2, the term “long” is a relative term which renders the claim indefinite.
Claim 3 recites “the storage battery” and “the box portion”, which lacks antecedent basis in the respective claims.
Claim 3, the phrasing “a rectangular parallelepiped box portion overlapping each of the upper frames in the side view” is different than what is shown in the drawing, which the drawing shows the upper frames overlapping the rectangular parallelepiped box portion. It is unclear which element is overlapping.
Claim 4, the term “gradually” is a relative term which renders the claim indefinite. The term “gradually” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For the purpose of examination, the phrase “inclined” will be used.
Claim 5 recites “the upper frame”, which lacks antecedent basis in the respective claims. It is unclear if “the upper frame” indicates left upper frame, right upper frame, or pair of left and right upper frame.
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 is rejected under 35 U.S.C. 102(a)(1) as being by Chen (CN 107914811).
1. A saddle-type electric vehicle comprising: a head pipe (11) supporting a steered wheel; a pair of left and right upper frames (12) extending rearward from the head pipe so as to branch leftward and rightward; and a vehicle driving storage battery disposed between the pair of left and right upper frames behind the head pipe (para. 15 “two sides of front side frame 12 battery mounting cavity is set… convenient for installing the battery box”), wherein each of the upper frames includes an extending portion extending along a vehicle front-rear direction in a plan view, and a front curved portion extending forward of the extending portion so as to curve inward in a vehicle width direction in the plan view (Fig 2 and 3), and having a front end portion connected to the head pipe, and the front curved portion extends forward of the extending portion so as to curve upward in a side view (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 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (CN 107914811), in view of Kawano (JP 6248209).
Regarding claims 2 and 4, Chen discloses the front curved portion (Fig. 2-4).
Chen does not disclose a cross-sectional shape that is long in an up-down direction, and the front curved portion is formed by being twisted so that a cross-sectional longitudinal direction, which is a longitudinal direction of the cross-sectional shape, approaches a vertical direction in the side view as approaching the head pipe side from the extending portion side, wherein the front curved portion of the upper frame on a front side of a front-rear center is gradually inclines upward in the side view, and the front curved portion is gradually inclined toward a center in the vehicle width direction in a top view.
Kawano teaches wherein the front curved portion (17 left frame and 27 right frame) has a cross-sectional shape that is long in an up-down direction (Fig. 4), and the front curved portion is formed by being twisted so that a cross-sectional longitudinal direction, which is a longitudinal direction of the cross-sectional shape, approaches a vertical direction in the side view as approaching the head pipe (6) side from the extending portion side (Fig. 2), wherein the front curved portion of the upper frame on a front side of a front-rear center is gradually inclines upward in the side view (Fig. 1), and the front curved portion is gradually inclined toward a center in the vehicle width direction in a top view (Fig. 5-7).
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 of the front curved portion as taught by Kawano into the saddle-type electrical vehicle frames of Chen for the advantage of more rigidity, and/or providing a configuration which meets design constraints, and/or allowing a desired aesthetic.
Claim 3 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Chen, in view of Yoshida et al. (CN 112399945).
Regarding claims 3 and 5, Chen does not disclose the storage battery includes a rectangular parallelepiped box portion overlapping each of the upper frames in the side view, and the box portion protrudes upward and downward of each of the upper frames in the side view, and each of the upper frames is disposed outside in the vehicle width direction at a center position of the box portion in the side view, wherein a shroud is provided so as to straddle the upper frame from a front side to a rear side in the side view.
Yoshida teaches the storage battery (160) includes a rectangular parallelepiped box portion overlapping each of the upper frames (140) in the side view, and the box portion protrudes upward and downward of each of the upper frames in the side view, and each of the upper frames is disposed outside in the vehicle width direction at a center position of the box portion in the side view (Fig. 5), wherein a shroud (18 front cover) is provided so as to straddle the upper frame from a front side to a rear side in the side view (Fig. 5).
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 of battery and shroud as taught by Yoshida into the saddle-type electrical frames of Chen for the advantage of easily storing the battery between the frames and also protecting the battery with shroud from any external materials.
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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/DUHYUNG SONG/Examiner, Art Unit 3618
/T. SCOTT FIX/Primary Examiner, Art Unit 3618
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