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 § 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.
Claims 15-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al (USPub 2004/0195034) in view of Matsuura (US 6,622,806).
With respect to claims 15 and 22, Kato et al. disclose a recreational vehicle, comprising: a plurality of ground engaging members (56. 58); a frame (32) supported by the plurality of ground engaging members (Fig 1); a seating area (66) supported by the frame; at least one seat (68) positioned within the seating area (Fig 1); a roll cage (40) extending over the seating area; a first suspension (60, 62) coupled between a first ground engaging member of the plurality of ground engaging members and the frame and a second suspension (60, 62) coupled between a second ground engaging member of the plurality of ground engaging members and the frame (Fig 1); a powertrain comprising: a power source (142) supported by the frame rearward of the seating area (Fig 1, a portion of the power source extends rearward of the seating area), the power source operably coupled to at least one of the plurality of ground engaging members, a transmission (144) operably coupled between the power source and the at least one of the plurality of ground engaging members, and an air intake assembly (164) comprising at least one inlet (233) fluidly coupled to the power source; but Kato et al. do not disclose an airbox positioned fluidly intermediate the at least one inlet and the power source and a body supported by the frame, comprising: a plurality of body members; a first removable cover positioned rearward of the seating area, the first removable cover being sized and shaped to be attached to a first portion of the plurality of body members and to be removable from the first portion of the plurality of body members to provide access to the airbox which is positioned under the first removable cover, and a second removable cover positioned rearward of the seating area, the second removable cover being sized and shaped to be attached to a second portion of the plurality of body members and to be removable from the second portion of the plurality of body members to provide access to a portion of the powertrain which is positioned under the second removable cover. Matsuura discloses the use of an airbox positioned fluidly intermediate the at least one inlet and the power source (column 8, lines 11-14). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Kato et al. in view of the teachings of Matsuura to use an airbox between the inlet of the air intake assembly and the power source in order to house a filter to block dirt, dust, and debris from entering the power source and also reduce intake noise. Matsuura also discloses a removable cover (124), the first removable cover being sized and shaped to be attached to a first portion of a plurality of body members (Fig 5) and to be removable from the first portion of the plurality of body members to provide access to the airbox which is positioned under the first removable cover (column 8, lines 60-63). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Kato et al. in view of the teachings of Matsuura to have a body with a removable cover above the airbox in order to provide a substantially sealed and protected environment within the air intake chamber when the cover is closed but also to allow access to components of the air intake assembly for maintenance. In regard to the second removable cover and it being vertically offset, it would have been obvious to one having ordinary skill in the art to attach a plurality of removable covers to the body members above other components such as the power train for similar reasons, namely, to protect the components while allowing access for maintenance purposes, and it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. It also would have been obvious to vertically offset removable covers in order to conform to the shape of the ATV.
With respect to claim 16, it would have been obvious to one having ordinary skill in the art before the invention was filed for the first removable cover to comprise a plurality of tabs and a latch, since it was old and well known in the art that removable covers in vehicle compartments have tabs and latches in order to align and close the covers to provide protection and ease of removal.
With respect to claim 17, Matsuura discloses the use of rear fenders (44). It would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Kato at al. in view of the teachings of Matsuura to include a first fender and a second fender, wherein the first removable cover is positioned laterally intermediate the first fender and the second fender, since it was old and well known in the art to place fenders around rear wheels of an ATV to block mud, water, rocks, and debris kicked up by the spinning rear tires from hitting the rider and the vehicle.
With respect to claim 18, wherein the plurality of body members include a rear wall and the first removable cover is positioned forwardly of the rear wall (front and rear walls of the air intake box 122 shown in Fig 5 that the removable cover attaches to).
With respect to claims 19-20, it would have been obvious to one having ordinary skill in the art before the invention was filed to include an oil reservoir as a portion of the powertrain, since it was old and well known in the art to use oil reservoirs to store oil needed to lubricate the poweretrain’s moving parts.
With respect to claim 21, wherein the first removable cover is positioned vertically higher the transmission (combination of Fig 1 of Kato et al. and Fig 5 of Matsuura).
With respect to claim 23, wherein the first removable body member and the second removable body member are positioned rearwardly of the at least one seat (combination of Fig 1 of Kato et al. and Fig 5 of Matsuura).
Allowable Subject Matter
Claims 24-32 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The combination of Kato et al. and Matsuura discloses the claimed invention discussed above but does not disclose a laterally extending wall positioned rearward of the seating area; a first fender positioned rearward of the seating area on a first side of the longitudinal centerline; a second fender positioned rearward of the seating area on a second side of the longitudinal centerline; a removable body portion positioned rearwardly of the laterally extending wall and laterally intermediate the first fender and the second fender, the removable body portion having a top side which is a cargo carrying surface, the removable body portion having a front edge profile and a rear edge profile, wherein the rear edge profile is distinct from the front edge profile; and wherein the removable body panel is movable relative to each of the laterally extending wall, the first fender, and the second fender while each of the laterally extending wall, first fender, and second fender remain stationary.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW J BROWN whose telephone number is (571)272-1362. The examiner can normally be reached Monday-Friday.
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DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3617
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