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 .
Response to Arguments
Applicant's arguments filed 1/23/2026 have been fully considered but they are not persuasive. Applicant argues Deckard (US20150259011A1) in combination with Miller (US20160332676A1) does not teach the bezel having a forward facing component. Examiner disagrees and maintains the rejection under 35 U.S.C. 103. Miller paragraph [0007] states: “FIG. 1 is a front left perspective view of a utility vehicle of the present disclosure;” and paragraph [0008] states: “FIG. 2 is a rear right perspective view of the vehicle of FIG. 1;” (said figures shown below with annotations).
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Thus, the vehicle of Miller is depicted as the left side being the driver’s side, and the right side being the passenger side. As such, Examiner maintains that Miller figures 1 and 29 (shown below with annotations) teaches the bezel having a component facing forward for direct air intake (screen 340 of intake port 342 is facing at least partially forwards for direct air intake).
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Applicant further argues that Deckard in combination with Safranski (U.S. 2012/0031688) does not teach the bezel coupled to the inner surface of the second pillar. Examiner maintains that paragraph [0093] and figure 2 of Safranski (shown below with annotations), along with figures 3 and 4, discloses the bezel defining an inlet and coupled to the inner surface of the second pillar.
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Safranski paragraph [0093]: “Air inlet housing 320 receives ambient air which passes through a filter 242 located behind a cover 244B (see FIG. 4) coupled to a body panel 236B (see FIG. 4) of cargo bed 234. The filter 242 is received in a filter housing of body panel 236B which is generally a mirror image of filter housing 240. Cover 244B is coupled to body panel 236B and removable from body panel 236B in the same manner as cover 244A is relative to body panel 236A”. Paragraph [0093], in combination with figures 2-4 disclose that covers 244A and 244B, respectively, form bezels defining an inlet and coupled to the inner surface of the second pillar.
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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Deckard (US20150259011A1), henceforth referred to as Deckard, in view of Miller (US20160332676A1), henceforth referred to as Miller.
Regarding claim 1, Deckard discloses a vehicle, comprising: a frame; front and rear wheels (Claim 18: "A utility vehicle (10), comprising: a plurality of ground engaging members (14, 16); a frame (12) supported by the ground engaging members"), a powertrain motively coupled to the wheels (Paragraph [0425]: "First, and with reference to FIG. 122, engine 802 is shown coupled to a transmission, shown as a continuously variable transmission (or “CVT”) 804"), an air intake system for drawing ambient air into the powertrain, the air intake system including at least one bezel for air intake (Paragraph [0425]: "As shown in FIG. 122, air intake to the engine would include air through bezel 2300R"), and at least one duct coupled between the bezel and powertrain (Paragraph [0425]: "As shown in FIG. 122, air intake to the engine would include air through bezel 2300R to conduit 828 through filter box 826 to conduit 824 to air box 822 and to throttle 840"), the bezel having an angled surface thereof (Figure 122: bezels 2300L and 2300R comprise an angled surface with a vent opening), wherein the angled surface includes a vent opening for air intake (Figure 122: bezels 2300L and 2300R comprise an angled surface with a vent opening). Deckard does not teach the bezel having a forward facing component for direct air intake. Miller discloses the bezel having a component facing forward for direct air intake (Figure 29: screen 340 of intake port 342 is facing forwards for direct air intake). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bezel of Deckard with the positioning of Miller in order to provide cooling air to the vehicle powertrain (Paragraph [0109]).
Regarding claim 2, Deckard as modified discloses the powertrain is comprised of an engine and a CVT (Paragraph [0425]: "First, and with reference to FIG. 122, engine 802 is shown coupled to a transmission, shown as a continuously variable transmission (or “CVT”) 804").
Regarding claim 3, Deckard as modified discloses the at least one bezel comprises a first bezel for air intake to the engine combustion system and the at least one duct comprises a first duct coupled to an air cleaner (Paragraph [0425]: " As shown in FIG. 122, air intake to the engine would include air through bezel 2300R to conduit 828 through filter box 826 to conduit 824 to air box 822 and to throttle 840").
Regarding claim 4, Deckard as modified discloses the at least one bezel comprises a second bezel for air cooling to the CVT and the at least one duct comprises a second duct coupled to a CVT housing (Paragraph [0425]: "cooling air for CVT 804 includes input to bezel 2300L through conduit 830 to the CVT intake").
Regarding claim 5, Deckard as modified discloses the first duct is positioned on a first side of the vehicle and the second duct is positioned on a second side of the vehicle (Paragraph [0425]: "With reference now to FIGS. 121-124, vehicle 1800 includes a removable bezel 2300. It should be appreciated that there are two bezels provided, which are substantially identical yet mirror imaged and thus will be referred to as bezels 2300L on the left side of the vehicle and 2300R on the right side of the vehicle").
Regarding claim 6, Deckard as modified discloses the first and second ducts each have inner surfaces facing a center of the vehicle (Annotated Figure 122: ducts 2300L and 2300R comprise inner surfaces facing the center of the vehicle), and the angled surface is forward of the inner surfaces (Annotated Figure 122: outer angled surfaces extend further forwards and backwards than said inner surfaces).
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Regarding claim 7, Deckard does not explicitly teach a debris cover positioned over the bezel. Miller discloses a debris screen positioned over the bezel (Figure 29: screen 340). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bezel of Deckard with the screen of Miller in order to prevent debris from entering the intake system (Paragraph [0109]: "Screen 340 prevents debris, contaminants, and other matter (e.g., stones) from entering CVT 296").
Claims 14-20 are rejected under 35 U.S.C. 103 as being unpatentable over Deckard in view of Safranski (US20120031688A1), henceforth referred to as Safranski.
Regarding claim 14, Deckard discloses a vehicle, comprising: a plurality of ground engaging members a frame supported by the plurality of ground engaging members (Claim 18: "A utility vehicle (10), comprising: a plurality of ground engaging members (14, 16); a frame (12) supported by the ground engaging members"), the frame extending along a longitudinal centerline (Figure 9: frame 12 extends along a longitudinal centerline), and comprising a lower frame assembly and an upper frame assembly (Claim 18: "a frame (12) supported by the ground engaging members and including a lower frame portion and a cab frame (84) [upper frame assembly] coupled to the lower frame portion to define an operator area"), the upper frame assembly comprising a first pillar (Annotated Figure 9: first pillar), a second pillar (Annotated Figure 9: second pillar), and a third pillar (Annotated Figure 9: third pillar), the second pillar defining an inner surface generally facing the longitudinal centerline and an outer surface generally facing away from the longitudinal centerline (Annotated Figure 9: second pillar comprises an inner surface facing the longitudinal centerline, and an outer surface facing away from the longitudinal centerline), a seat supported by the frame (Figure 3: seat 64 supported by the vehicle frame), powertrain supported by the frame, the powertrain including a prime mover, a transmission, and an air intake assembly (Paragraph [0263-0264]: "With reference now to FIG. 34, frame 12 is shown having a power train installed therein. As shown, power train 800 is comprised of an engine 802, transmission 804, which may include a continuously variable transmission (CVT) . . . engine air intake system 820 is comprised of an air filter 822, ducting 824, air filter 826, and air intake duct 828"), and the air intake assembly includes a bezel and a conduit coupled between the bezel and at least one of the prime mover and the transmission (Figure 122: first bezel 2300R coupled to airbox 826 and second bezel 2300L coupled to CVT 804). Deckard does not teach the bezel coupled to the inner surface of the second pillar. Safranski discloses the bezel defining an inlet and coupled to the inner surface of the second pillar (Annotated Figure 2: air inlets coupled to inner surface of second pillar). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the intake bezel location of Deckard with the location of Safranski, as such a substitution would yield predictable results, and the intake system would be expected to function as intended. Further, it would have been obvious to one having ordinary skill in the art at the time the invention was made to change the intake location of Deckard, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
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Regarding claim 15, Deckard as modified discloses the second pillar includes an outer frame portion facing generally outwardly and the outer frame portion defines an aperture, the aperture configured to allow air into the inlet (Annotated Figure 3: second pillar includes outer frame portion facing outwards, defining the front side of an aperture surrounding air inlet 882).
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Regarding claim 16, Deckard as modified discloses the second pillar is positioned on a first side of the longitudinal centerline and the bezel is a first bezel (Annotated Figure 5: second pillar is positioned on a first side of longitudinal centerline, and bezel), the upper frame assembly comprising a fourth pillar configured to couple with the lower frame assembly (Annotated Figure 9: fourth pillar), a fifth pillar configured to couple with the lower frame assembly (Annotated Figure 9: fifth pillar), and a sixth pillar configured to couple with the lower frame assembly (Annotated Figure 9: sixth pillar), each of the fourth pillar, the fifth pillar, and the sixth pillar positioned on a second side of the longitudinal centerline (Annotated Figure 9: fourth, fifth, and sixth pillars positioned on a second side of the longitudinal centerline), the fifth pillar comprising a recessed portion (Annotated Figure 4: fifth pillar comprises a recessed portion), and the air intake assembly further includes a second bezel and a second conduit coupled between the second bezel and the other one of the prime mover and the transmission (Figure 122: first bezel 2300R coupled to engine airbox 826 and second bezel 2300L coupled to CVT 804), the second bezel defining an inlet and positioned within the recessed portion of the fifth pillar (Annotated Figure 4: bezel positioned in recessed portion).
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Regarding claim 17, Deckard as modified discloses the air intake assembly further comprises an airbox fluidly coupled laterally intermediate the first bezel and the second bezel (Figure 122: airbox 826 disposed between bezels 2300R and 2300L).
Regarding claim 18, Deckard as modified discloses the first bezel is fluidly coupled to the airbox and the second bezel is fluidly coupled to the transmission (Figure 122: first bezel 2300R coupled to engine airbox 826 and second bezel 2300L coupled to CVT 804).
Regarding claim 19, Deckard as modified discloses the second pillar is positioned laterally outwardly of the third pillar (Annotated Figure 5: second pillar is positioned laterally outward of third pillar).
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Regarding claim 20, Deckard as modified discloses a cross-member coupled to the second pillar and a seat harness extending across the seat the seat harness operably coupled to the cross-member (Figure 64: harnesses 1416 extend across seats 62 and 64, and are coupled to crossmember 624, which is coupled to second pillar 622B).
Cited Prior Art not Relied Upon
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure includes Deckard (US-20150061275-A1) and Bessho (US-10099547-B2) which disclose utility vehicles with intake bezels.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J O'NEILL whose telephone number is (571)272-4752. The examiner can normally be reached Mon - Fri: 7AM-4PM.
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, Jason Shanske can be reached at (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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/MATTHEW JAMES O'NEILL/Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614