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.
(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, 7, and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by LeBlanc (US 2019/0118904 A1).
Regarding claim 1, LeBlanc discloses a snow vehicle (100), comprising:
a frame (148) including a forward frame portion and a seat frame portion positioned below a seat (118);
a single front ski (102) coupled to the forward frame portion (Fig 1);
a steering mechanism including a handlebar (108) operably coupled to a fork (116), the handlebar pivotable on a handlebar axis to steer the single front ski (Fig 1);
a steering mount (114) operably coupling the fork to the frame (Fig 1);
a motor (122); and
a tunnel (140) including a driven track shaft (136) and a track (128) rotatably coupled to the driven track shaft within the tunnel (Fig 1),
wherein the seat frame portion and the tunnel define a compartment therebetween (compartment containing 120) and wherein a system component (120) is positioned within the compartment and operatively connected to the motor (Para [0046]).
Regarding claim 2, LeBlanc discloses that the system component includes an energy reservoir (120), the energy reservoir configured to communicate an energy source to the motor (Fig 1 and Para [0046]).
Regarding claim 3, LeBlanc discloses that the system component includes an energy reservoir, the energy reservoir configured to communicate an energy source to the motor (Fig 1).
Regarding claim 4, LeBlanc discloses that the system component extends along a length of the seat frame portion and extends rearward of the seat (Fig 1).
Regarding claim 7, LeBlanc discloses that the motor is operably coupled to a belt (142) to drive rotation of the track within the tunnel (Fig 1 and Para [0019]).
Regarding claim 10, LeBlanc discloses that the forward frame portion includes an upper frame member and a lower frame member extending rearward from the steering mount, wherein the upper frame member and the lower frame member are coupled to a tubular bracket of the steering mount (Para [0047] and Fig 1), and wherein a cylindrical member of the steering mechanism is receivable within the tubular bracket to pivotally couple the steering mechanism to the frame (Fig 1 and Para [0047]- [0048]).
Claim(s) 1-6, 8, 10-14, 16, and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Mangum et al. (US 2018/0273142 A1) hereinafter, Mangum.
Regarding claim 1, Mangum discloses a snow vehicle (2), comprising:
a frame (8+250+252+254+256) including a forward frame portion (connected to the front fork) and a seat frame portion (250, 252) positioned below a seat (10, Fig 19);
a single front ski (44) coupled to the forward frame portion (Fig 1);
a steering mechanism (12) including a handlebar (16) operably coupled to a fork (14), the handlebar pivotable on a handlebar axis to steer the single front ski (Fig 1-3 and Para [0032]- [0033]);
a steering mount (S1) operably coupling the fork to the frame (Fig Annotated);
a motor (90); and
a tunnel (22) including a driven track shaft (at 154) and a track (36) rotatably coupled to the driven track shaft within the tunnel (Fig 4),
wherein the seat frame portion and the tunnel define a compartment therebetween (accommodating 40 and 42) and wherein a system component (40, 42) is positioned within the compartment and operatively connected to the motor (Fig 3).
Regarding claim 2, Mangum discloses that the system component includes an energy reservoir (40), the energy reservoir configured to communicate an energy source to the motor (Fig 3).
Regarding claim 3, Mangum discloses that the forward frame portion includes an upper frame member and a lower frame member (L1) extending rearward from the steering mount (See portion of the frame coupled to the fork though the steering mount, Fig 3), wherein the lower frame member is positioned adjacent the fork (Fig 3 Annotated).
Regarding claim 4, Mangum discloses that the system component extends along a length of the seat frame portion and extends rearward of the seat (Fig 3).
Regarding claim 5, Mangum discloses that the motor is positioned below the system component (Fig 3).
Regarding claim 6, Mangum discloses that the motor is positioned below a lower frame member (L1) of the forward frame portion (Fig 3 Annotated).
Regarding claim 8, Mangum discloses that the fork is pivotally coupled to the single front ski at a location entirely below the tunnel (through 46, Fig 3).
Regarding claim 10, Mangum discloses that the forward frame portion includes an upper frame member (upper portion of 76) and a lower frame member (lower portion of 76) extending rearward from the steering mount, wherein the upper frame member and the lower frame member are coupled to a tubular bracket of the steering mount, and wherein a cylindrical member of the steering mechanism is receivable within the tubular bracket to pivotally couple the steering mechanism to the frame (Fig 6 Annotated).
Regarding claim 11, Mangum discloses a snow vehicle (2), comprising:
a motor (90) mounted on a frame (66, Fig 1 and Para [0037]);
a single front ski (44);
a steering mechanism (12) including a handlebar (16) operably coupled to a fork (14), the handlebar pivotable on a handlebar axis (X1) to steer the single front ski (Fig 3 Annotated);
a steering mount (S1) operably coupling the fork to the frame (Fig 6 Annotated); and
a tunnel (22) including a driven track shaft (at 154) and a track (36) rotatably coupled to the driven track shaft within the tunnel (Fig 1),
wherein the fork is pivotally coupled to the single front ski at a location entirely below the tunnel (Through 46, Fig 3).
Regarding claim 12, Mangum discloses that wherein a longitudinal centerline of the fork is aligned with the handlebar axis (Fig 3).
Regarding claim 13, Mangum discloses that the location where the fork is pivotally coupled to the single front ski is entirely below the driven track shaft (Fig 3).
Regarding claim 14, Mangum discloses a foot rest (58) coupled to the frame, wherein the location where the fork is pivotally coupled to the single front ski is entirely below the foot rest (Fig 3).
Regarding claim 16, Mangum discloses that the fork includes a fork bracket (46) operably coupled to the single front ski, the fork bracket disposed entirely forward of the motor (Fig 3).
Regarding claim 18, Mangum discloses a seat (10) coupled to the frame; and
an energy reservoir (40) disposed between the seat and the tunnel, the energy reservoir configured to communicated an energy source to the motor (Fig 3).
Regarding claim 19, Mangum discloses that the energy reservoir is positioned entirely rearward of a forward end of the seat (Fig 3).
Regarding claim 20, Mangum discloses that the handlebar axis defines an angle relative to a ground plane of between 24 degrees and 30 degrees (Fig 3 Annotated).
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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.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mangum et al. (US 2018/0273142 A1) in view of Forbes (US 6,112,840 A).
Regarding claim 17, Mangum discloses the vehicle of claim 11. However, Mangum does not expressly disclose a telescopic fork.
Forbes teaches that the fork includes a telescoping compression dampening component (Fig 1 and Col. 6, Lines 19-28).
It would have been obvious to one of ordinary skill in the art, before the effective filling date of the invention, to modify Mangum’s vehicle, in view of Forbes, with a telescopic fork, to provide spring support and shock absorption to cushion the front end of snow cycle upon the ski (Col. 6, Lines 19-28).
Allowable Subject Matter
Claims 9 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 9 recites a foot peg mounted to the frame at a position between a forward end of the track and the driven track shaft, wherein the location where the fork is pivotally coupled to the single front ski is entirely below a foot peg.
Claim 15 recites that a first portion of the foot rest is disposed rearward of the driven track shaft and wherein a second portion of the foot rest is disposed forward of the driven track shaft.
Since the prior art (LeBlanc and Mangum) teaches snow vehicles that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 27 of the examined disclosure shows the foot rest location, which is different than the foot rest location taught by the prior art of record (Fig. 1-2 of LeBlanc and Fig. 3 of Mangum, etc.)
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
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 snow vehicles 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.
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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