DETAILED ACTION
The following action is in response to application 19/102,909 filed on February 11, 2025.
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 Interpretations
An “inlet which is configured or arranged at a distance from the air guide element” has been interpreted as the air inlet being arranged at a distance from at least a portion of the air guide element. If a tube is the air guide element and one end of the tube is the inlet, then the air guide element can be considered a portion of the tube that is not directly in contact with the inlet end of the tube.
An “upper side” has been interpreted as the very top (vertically) of an element, and the “underside” is interpreted the very bottom (vertically) of an element. If a box is an element, the top of the box is the upper side, and the bottom of the box is the underside.
A “external flow channel” has been interpreted as anything outside the air guide element.
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.
Claim(s) 11-14 and 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yokokawa (EP 3418168 from IDS; see annotated Fig. 3 below for clarity).
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With regard to claim 11, Yokokawa teaches a motorcycle-type vehicle 1, comprising: at least one laterally arranged air guide element 30/40, wherein the air guide element has an internal flow channel 38 which ends at an outer surface of the air guide element in at least one opening which acts as an air outlet (right; Fig. 3), and wherein the internal flow channel is connected or is connectable in a fluid-conducting manner to an air inlet (left; Fig. 3) which is configured or arranged at a distance from the air guide element (right side of the air guide element 30/40 is a distance from the inlet). With regard to claim 12, Yokokawa teaches the vehicle, wherein the motorcycle-type vehicle has at least one laterally arranged air guide element on each side (Fig. 2). With regard to claim 13, Yokokawa teaches the vehicle, wherein the air guide element is designed as a wing 40. With regard to claim 14, Yokokawa teaches the vehicle, wherein the air inlet is arranged, in each case, on the same side of the motorcycle type vehicle as the air guide element connected thereto in a fluid-conducting manner (Fig. 2). With regard to claim 16, Yokokawa teaches the vehicle, wherein the at least one opening (left; Fig. 3) is arranged in a front region of the air guide element. With regard to claim 17, Yokokawa teaches the vehicle, wherein the air guide element has a longitudinal extension direction (Fig. 3), and a plurality of openings is formed along and/or transversely to the longitudinal extension direction (Fig. 3). With regard to claim 18, Yokokawa teaches the vehicle, further comprising: an external flow channel (front of vehicle) which ends in at least one opening (left; Fig. 3) which acts as the air inlet. With regard to claim 19, Yokokawa teaches the vehicle, wherein the air inlet (left; Fig. 3) is formed in a fairing 7 of the motorcycle- type vehicle. With regard to claim 20, Yokokawa teaches the vehicle, wherein the air inlet (left; Fig. 3) is arranged below a respective air guide element when viewed along a vertical axis (a portion of the air guide element is located above the very top of the air inlet (Fig. 3)).
Allowable Subject Matter
Claim 15 is 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: the prior art of record fails to show or render obvious the motorcycle-type vehicle as claimed, and particularly wherein the air guide element comprises an upper side and an underside, and the at least one opening is formed on the underside, and including the remaining structure of claim 15.
Suggestions for Applicant
In addition to the noted allowable subject matter, applicant could also claim more details to better distinguish the air guide element (e.g. structural and/or location on the vehicle) over the air guide elements of the cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Saito (US 4709774) has been cited to show a similar motorcycle-type vehicle (Fig. 1) comprising: a fairing 17, an internal flow channel 53, a laterally arranged air guide element (Fig. 4), an air inlet 48 and an air outlet 17a.
Imai (US 4911494) has been cited to show a similar motorcycle-type vehicle 1 comprising: a fairing 402, an internal flow channel (Fig. 8), a laterally arranged air guide element (Fig. 8), an air inlet 426 and an air outlet 428.
Sunaguchi (US 7410025) has been cited to show a similar motorcycle-type vehicle 1 comprising: a fairing with an internal flow channel 28, a laterally arranged air guide element 27, an air inlet 30 and an air outlet 31a.
Ishii (US20160016623 and US 20160288853) have been cited to show similar motorcycle-type vehicles 1/10 with similar air guide elements 30/172.
Deguchi (US 20240262448) has been cited to show a similar motorcycle-type vehicle 1 comprising: a fairing with an air guide element 12, and internal flow channel 17, an air inlet 16, and an air outlet 90.
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/ROGER L PANG/Primary Examiner, Art Unit 3655
/ROGER L. PANG/
Examiner
Art Unit 3655B
September 22, 2026
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