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 § 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 1-13 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.
The term “near the left footrest” in claim 1 last line, is a relative term which renders the claim indefinite. The term “near” 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.
Claim 8 recites the limitation "the engine" in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears this should be –the motor--.
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(s) s 1-4, 7-13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aitcin et al. WO 2019/123432 A1. Aitcin et al. discloses snowmobile comprising: a frame 4; a driver seat 8 supported by the frame; a left footrest 10 and a right footrest (see paragraph [00106]; a rear suspension assembly 18 connected to the frame; an endless track 20 supported by the rear suspension assembly; a motor 22 supported by the frame, the motor being operatively connected to the endless track for propulsion of the snowmobile; a drive shaft 50 driven by the motor; a driven shaft operatively connected to the endless track; and a continuously variable transmission (CVT) 40 operatively connecting the drive shaft to the endless track, the CVT comprising: a drive pulley 44 mounted to the drive shaft, the drive pulley being operatively connected to the motor via the drive shaft; a driven pulley 46 mounted to the driven shaft, the driven shaft operatively connecting the driven pulley to the endless track; a belt 46 operatively connecting the drive pulley to the driven pulley; and a CVT housing 26 (see annotated Fig. 1B below) having a first lateral side, a second lateral side, and a peripheral wall extending between the first and second lateral sides, the first lateral side, the second lateral side and the peripheral wall defining together an internal volume of the CVT housing, the drive pulley, the driven pulley and the belt being disposed within the internal volume of the CVT housing, the CVT housing defining: an air inlet 27 for allowing ambient air into the CVT housing; and an air outlet 100 for discharging heated air from the CVT housing, the air outlet being positioned to discharge heated air 98 near the left footrest; wherein the CVT housing comprises: a fixed assembly 60; and a removable cover 32 connected to the fixed assembly, the drive pulley, the driven pulley and the belt being enclosed between the fixed assembly and the removable cover; wherein the CVT housing further comprises a peripheral guard 58 enclosed between the fixed assembly and the removable cover, the peripheral guard surrounding at least in part the belt of the CVT; wherein the removable cover defines at least in part the air inlet and the air outlet; wherein the CVT housing is disposed on a left side of the engine; wherein the CVT housing extends vertically higher than the motor; wherein the snowmobile further comprises: at least one ski 12; and at least one front suspension assembly 14 connecting the at least one ski to the frame; and the CVT housing is disposed rearwardly of the at least one front suspension assembly; wherein: the snowmobile further comprises a steering assembly including a handlebar 16; and at least a majority of the CVT housing is disposed forwardly of the handlebar; wherein: the frame includes a tunnel 6 having a left side surface facing generally leftwardly and a right side surface facing generally rightwardly; and a plane containing the left side surface of the tunnel extends through the CVT housing;
wherein the CVT housing is disposed forwardly of the drive seat; wherein: the CVT housing defines a drive opening 78, the drive shaft extending into the CVT housing through the drive opening; and the CVT further comprises a sealing member 134 connected to the CVT housing and covering at least in part the drive opening, the sealing member surrounding a part of the motor extending through the drive opening to form a seal between the CVT housing and the part of the motor, the sealing member being configured to allow relative movement between the CVT housing and the motor.
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Allowable Subject Matter
Claims 5 and 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Hurley whose telephone number is (571)272-6646. The examiner can normally be reached Monday-Thursday 9 am-5:30 pm Kevin.Hurley@USPTO.GOV.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at 571-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN HURLEY/
Primary Examiner
Art Unit 3611
August 25, 2026
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