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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
(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(s) 1-4 and 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuxuan et al. (JP 7194907 B2) hereinafter, Yuxuan.
Regarding claim 1, Yuxuan teaches an electric motorcycle (motorized cycle 1, Fig 1) comprising:
a vehicle body frame (2);
a front wheel (41) and a rear wheel (42);
a handle (93) disposed above the front wheel;
a seat (94+ pipe connecting 94 to 21) on which an occupant sits;
a battery (68); and
a motor (51) electrically connected to the battery and configured to rotationally drive at least one of the front wheel and the rear wheel (Fig 1), wherein
the vehicle body frame includes:
a hollow main frame (24+20+27) including a handle support portion (25) configured to support the handle, a seat support portion (27) disposed behind the handle support portion and configured to support the seat, and a space (28) extending rearward while being inclined downward from the handle support portion to the seat support portion and configured to accommodate the battery (Fig 1);
a seat frame (21) extending in an upper and lower direction, configured to support the seat at an upper portion, and connected to the seat support portion of the main frame at a lower portion (Fig 1); and
a bridge frame (241) extending in a front and rear direction, having a rear portion connected to the seat frame and a front portion connected to a portion of the main frame that is located behind the handle support portion (Fig 1).
Regarding claim 2, Yuxuan teaches that the seat includes a seat post (pipe connecting 94 to 21) extending in the upper and lower direction, and a saddle (94) fixed to an upper end portion of the seat post to support buttocks of the occupant (Fig 1),
the seat post forms an overlapping portion (O1) of the seat post and the seat frame by inserting at least a lower end portion into the seat frame (Annotated Fig 1), and
the bridge frame is connected to the seat frame in a range of the overlapping portion (Annotated Fig 1).
Regarding claim 3, Yuxuan teaches that the vehicle body frame further includes:
a rear wheel support portion (221) configured to rotatably support the rear wheel; and
a seat stay (23) extending in the front and rear direction and having a rear portion connected to the rear wheel support portion and a front portion connected to the seat frame (Fig 1), and
the seat stay is connected to the seat frame in the range of the overlapping portion (Annotated Fig 1).
Regarding claim 4, Yuxuan teaches that a connection position between the bridge frame and the seat frame is located above a connection position between the seat stay and the seat frame (Fig 1).
Regarding claim 6, Yuxuan teaches that a gravity center position of the battery is located in the main frame below a connection portion with the bridge frame (Fig 1).
Regarding claim 7, Yuxuan teaches that a pair of steps (91) fixed to the main frame, extending in a left and right direction, and each having a placing surface on which a foot of the occupant is to be placed (in self-propelled only by the motor 51 mode, fifth Para of Page 2).
Regarding claim 8, Yuxuan teaches that a front end portion of the bridge frame is connected to the upper surface of the main frame, and
the space of the main frame is formed to extend in the upper and lower direction with respect to the connection portion with the bridge frame (Fig 1).
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Claim(s) 1-2 and 5-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carlier (US 11,697,472 B2).
Regarding claim 1, Carlier teaches an electric motorcycle (Fig 16) comprising:
a vehicle body frame (2+3+4+5+6+7);
a front wheel and a rear wheel (Fig 16);
a handle disposed above the front wheel (Fig 16);
a seat (on top of 5) on which an occupant sits;
a battery (31, 31’); and
a motor (8) electrically connected to the battery and configured to rotationally drive at least one of the front wheel and the rear wheel (Col. 7, Lines 62-64), wherein
the vehicle body frame includes:
a hollow main frame (3) including a handle support portion configured to support the handle, a seat support portion disposed behind the handle support portion and configured to support the seat (Fig 1), and a space extending rearward while being inclined downward from the handle support portion to the seat support portion and configured to accommodate the battery (Fig 1);
a seat frame (5) extending in an upper and lower direction, configured to support the seat at an upper portion, and connected to the seat support portion of the main frame at a lower portion (Fig 1); and
a bridge frame (2) extending in a front and rear direction, having a rear portion connected to the seat frame and a front portion connected to a portion of the main frame that is located behind the handle support portion (Fig 1).
Regarding claim 2, Carlier teaches that the seat includes a seat post (post inserted in 5) extending in the upper and lower direction, and a saddle (on top of post inserted in 5) fixed to an upper end portion of the seat post to support buttocks of the occupant (Fig 16),
the seat post forms an overlapping portion (O2) of the seat post and the seat frame by inserting at least a lower end portion into the seat frame (Fig 16 Annotated), and
the bridge frame is connected to the seat frame in a range of the overlapping portion (Fig 16 Annotated).
Regarding claim 5, Carlier teaches that the seat frame communicates with the space through an opening formed in an upper surface of the main frame (Fig 1).
Regarding claim 6, Carlier teaches that a gravity center position of the battery is located in the main frame below a connection portion with the bridge frame (Fig 1).
Regarding claim 7, Carlier teaches a pair of steps (S1) fixed to the main frame, extending in a left and right direction, and each having a placing surface on which a foot of the occupant is to be placed (when using motor driving mode, Fig 16 Annotated).
Regarding claim 8, Carlier teaches that a front end portion of the bridge frame is connected to the upper surface of the main frame, and the space of the main frame is formed to extend in the upper and lower direction with respect to the connection portion with the bridge frame (Fig 16).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references noted on the attached PTO-892 form teach electric motorcycle frames of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSAM SHABARA whose telephone number is (571)272-5495. The examiner can normally be reached M-F 8 am-5 pm.
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, 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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/HOSAM SHABARA/Examiner, Art Unit 3618
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