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 § 102
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.
Claims 1-3, 5, 16, 21, and 22 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Bruneau et al. US 12,466,517 B2.
Bruneau et al. discloses electric snowmobile comprising:
a frame having a tunnel 130;
a seat 510 connected to the tunnel (see col. 3 lines 15-16 “In some examples, a seat is connected to the tunnel portion of the battery enclosure”)
at least one ski operatively connected to the frame;
a handlebar 154 operatively connected to the at least one ski 144;
a drive track (not shown, see col. 12 lines 36-39 “For example, in one or more figures, various body panels of the snowmobile 120 (e.g., the hood) are removed, the endless track is removed”) disposed at least in part under the tunnel;
an electric motor 610 supported by the frame, the electric motor being operatively connected to the drive track;
a battery pack 124 electrically connected to the electric motor, the battery pack comprising:
a housing 116 connected to the frame; and
a plurality of battery cells 119 housed in the housing;
an insulating cover 128 disposed around the housing to thermally insulate the battery pack;
and fairings connected to the frame (not shown but see col. 12 lines 36-37 “ in one or more figures, various body panels of the snowmobile 120 (e.g., the hood) are removed”), the insulating cover being disposed between the fairings and the housing; wherein the insulating cover is disposed around a majority of the housing; wherein an inner surface of the insulating cover generally congruous with an outer surface of the housing; wherein the insulating cover defines at least one aperture (screw holes, see col. 21 lines 9-11 “the seat 510 is rigidly fastened to the battery pack 124 via the seat pan using screw holes with threaded inserts on the lid of the battery enclosure 128”); further comprising a steering column 152 operatively connecting the handlebar to the at least one ski; and
wherein the insulating cover defines at least one recess, the at least one recess 162 (see Figs. 8 and 11_ being configured for receiving a portion of the steering column when the steering column is turned to steer the snowmobile; wherein the frame includes a subframe 718 connected to the tunnel and disposed in front of the tunnel; the battery pack is disposed at least in part in the subframe; and the housing is connected to the subframe; wherein at least a portion of the subframe extends below the battery pack and the insulating cover.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Bruneau et al.
Bruneau et al. discloses the claimed invention except for the recited distance between the insulating cover and the housing. The recited dimensions are result effective variables which have a finite number of values and which would fulfill the design need to provide desired temperature control of the battery packs.
It has been held that when there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398 (2007).
Allowable Subject Matter
Claims 6-15, and 17-18 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Hurley whose telephone number is (571)272-6646. The examiner can normally be reached Monday-Thursday 9 am-5:30 pm Kevin.Hurley@USPTO.GOV.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at 571-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN HURLEY/
Primary Examiner
Art Unit 3611
September 14, 2026
