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 .
Preliminary Amendment
Receipt of the preliminary amendment filed 01/25/2025 is acknowledged. This amendment amended claims 1-10, abstract and the specification.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “a buffer rubber wheel” of claim 1 in combination with the additional “two buffer rubber wheels” in claim 2 (three total buffer rubber wheels claimed); “a first damping bushing (7) is arranged between the buffer connecting arm (4) and the supporting arm (5)” in claim 4 (as element 5 includes elements 51 and 52, the bushing 7 is not in between the arm 4 and element 51) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to because the specification describes “the supporting arm 5 includes two rod bodies 51 arranged transversely and two connecting plates 52 spaced transversely” (PG pub paragraph 34) however multiple drawings (figs. 1-3) show element number ‘5’ pointing to what should be element ‘52’ the connecting plate. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 2-10 are objected to because of the following informalities: In line 1 of the dependent claims, “a motorcycle engine” should be “the motorcycle engine”. 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 3 and 6 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 3 states “the buffer connecting arm (4) has a length dimension greater than a length dimension of the supporting arm (5)”, however the supporting arm “the supporting arm 5 includes two rod bodies 51 arranged transversely and two connecting plates 52 spaced transversely” (paragraph 34) so it is unclear which element is being referred to with “the supporting arm”.
Claim 6 states “the supporting arm (5) comprises two rod bodies (51) arranged transversely and two connecting plates (52) spaced transversely, wherein the two connecting plates (52) and the two rod bodies (51) define a frame shape”. (emphasis added.) The specification does not give an example of what a frame shape would and would not be and would appear arbitrary what could be defined as a “frame shape”. The claim is indefinite as the scope of the term “frame shape” is unclear.
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 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.
Claims 1, 3, 8 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (CN 1923610 A; Machine Translation of Description ‘MTD’), cited by Applicant.
With respect to claim 1, Suzuki et al. discloses a mount connecting structure for a motorcycle engine (59), comprising: a fixed arm (84, 236, 361) located on a frame (33, 34) and a buffer rubber wheel (112), wherein the mount connecting structure further comprises a buffer connecting arm (82, 234, 358), a supporting arm (81; 144, 161) and a connecting rod (94), wherein the buffer rubber wheel (112) sleeves a periphery (fig. 10) of the connecting rod (94) and is embedded in an end portion of the fixed arm (84, 236, 361), the engine (59) is connected to the connecting rod (6), a first end of the buffer connecting arm (82, 234, 358) is hinged to the connecting rod (94), the connecting rod (94) is arranged transversely, a first end of the supporting arm (81) is hinged (MTD paragraph 119 “a first connecting rod 81 and 81 are oscillatingly mounted on the first pivot 28, a second connecting rod 82 is oscillatingly mounted on these first connecting rods 81 and 81 via a second pivot 92, a fourth pivot 94 is mounted on the rear end of the second connecting rod 82, a connecting rod 84 is oscillatingly mounted on the inner pivot plate 31b via a third pivot 93, the lower end of the connecting rod 84 is connected to the fourth pivot 94”) to the fixed arm (84), a second end of the buffer connecting arm (82, 234, 358) is hinged to a second end of the supporting arm (81; 144, 161), and the supporting arm (81; 144, 161) is obliquely arranged downwards (figs. 6-7) to form an included angle relative to the buffer connecting arm (82, 234, 358). (Figs. 1-24, MTD paragraphs 106-219.)
With respect to claim 3, Suzuki et al. discloses the buffer connecting arm (82, 234, 358) has a length dimension greater than a length dimension of the supporting arm (81; 144, 161) (figs. 4, 7, 14-16). (Figs. 1-24, MTD paragraphs 106-219.)
With respect to claim 8, Suzuki et al. discloses the first end of the buffer connecting arm (82, 234, 358) is provided with a pipe sleeve (181) sleeving a periphery of the connecting rod (94), and the engine (59) is hinged to the pipe sleeve (181). (Figs. 1-24, MTD paragraphs 106-219.)
With respect to claim 10, Suzuki et al. discloses the included angle between the buffer connecting arm (82, 234, 358) and the supporting arm (81; 144, 161) ranges from 70 degrees to 110 degrees (fig. 6). (Figs. 1-24, MTD paragraphs 106-219.)
Claim Rejections - 35 USC § 103
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 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 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. in view of Tomita et al. (US 4,487,285).
With respect to claim 2, Suzuki et al. discloses two buffer rubber wheels (123 or 186 left and 186 right; fig. 10) are provided but does not explicitly show they are symmetrically arranged on two transverse sides of the engine (59) (figs. 1-24, MTD paragraphs 106-219.) Tomita et al. teaches of two buffer rubber wheels (30; fig. 4) are symmetrically arranged on two transverse sides of the engine (1). (Figs. 1-7, cols. 4-7.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the rubber wheel structure as described in Tomita et al. into the invention of Suzuki et al. with a reasonable expectation of success in order to the transmission of vibrations from the engine to the vehicle body is minimized, to substantially shut off the vehicle body from the engine vibrations. (Col. 6, lines 61-68.)
Claims 4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. in view of Miyabe (US 2007/0056789).
With respect to claim 4, Suzuki et al. discloses a first bushing (373) arranged transversely and between the buffer connecting arm (82, 234, 358) and the supporting arm (81; 144, 161), and a second bushing (362) arranged transversely between the supporting arm (81; 144, 161) and the fixed arm (84, 236, 361) but does not explicitly disclose a damping bushing. Miyabe teaches of damping bushings (38) that are capable of increasing a relative swing resistance of the buffer connecting arm and the supporting arm (paragraph 74). (Figs. 1-4, paragraph 56-101.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Miyabe into the invention of Suzuki et al., as modified, with a reasonable expectation of success in order to allow rotational movement of the rear arm and to regulate rotational movement of the rear arm exceeding a predetermined range. (Paragraph 74.)
With respect to claim 6, Suzuki et al., as modified, discloses the supporting arm (81; 144, 161) comprises two rod bodies (144, 161; figs. 8, 21) arranged transversely and two connecting plates (81; fig. 14) spaced transversely, wherein the two connecting plates (81) and the two rod bodies (144, 161) define a frame shape, and the two rod bodies (144, 161) match the fixed arm (84) and the buffer connecting arm (82, 234, 358) in a hinged manner respectively. (Figs. 1-24, MTD paragraphs 106-219.)
With respect to claim 7, Suzuki et al., as modified, discloses the second end of the buffer connecting arm (82, 234, 358) is provided with a pipe body (371 or 102) arranged transversely (fig. 21), the pipe body (371 or 102) sleeves a periphery of one of the two rod bodies (144, 161), and the first damping bushing (373) is arranged between (fig. 21) the one of the two rod bodies (144, 161) and the pipe body (371, 102). (Figs. 1-24, MTD paragraphs 106-219.)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. and Tomita et al., as applied to claims 1-2 above, and further in view of Miyabe (US 2007/0056789).
With respect to claim 5, Suzuki et al., as modified, does not explicitly disclose two buffer rubber wheels that are arranged at two transverse ends of the connecting rod. Miyabe teaches of the two buffer rubber wheels (38) are arranged at two transverse ends of the connecting rod (29) respectively (fig. 3). (Figs. 1-4, paragraph 56-101.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Miyabe into the invention of Suzuki et al., as modified, with a reasonable expectation of success in order to allow rotational movement of the rear arm and to regulate rotational movement of the rear arm exceeding a predetermined range. (Paragraph 74.)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. in view of Hayashi et al. (US 2007/0074920).
With respect to claim 9, Suzuki et al., does not explicitly disclose a stop. Hayashi et al. teaches of the engine is provided with at least two connecting legs (103, 104) spaced transversely, a peripheral surface of the pipe sleeve (171) is provided with two limiting stop shoulders (188, 191), the two limiting stop shoulders (188, 191) are located between the two connecting legs (103, 104), and the two limiting stop shoulders (188, 191) abut against the two connecting legs (103, 104) in a limiting manner respectively (fig. 6, paragraph 63). (Figs. 1-10, paragraphs 38-112.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the rubber wheel structure as described in Tomita et al. into the invention of Suzuki et al. with a reasonable expectation of success in order to create and maintain a precise distance or separation between two parts.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Nakanishi et al. (JP 2011/20524 A) discloses a similar mount connecting structure (figs. 1, 9-12). The references cited on the PTO-892 form disclose similar features of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES A ENGLISH whose telephone number is (571)270-7014. The examiner can normally be reached on Monday-Saturday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached on 571-270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A ENGLISH/Primary Examiner, Art Unit 3614
