DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claim 16 is objected to because of the following informalities:
Claim 16, line 2 recites the limitation “to rear corners” which should be changed to “to the rear corners’.
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 17 – 20 are 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 17 recites the limitation "the portion" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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.
(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.
Claim 15 and 16 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Wubbolts et al. (US 2001/0040063 A1).
For claim 15, Wubbolts et al. discloses a snowmobile 12 comprising:
a chassis 84 including a bulkhead 88 and a tunnel 86;
an engine 104 [supported by the chassis] (page 4, paragraph [0070]);
a front suspension 110 [coupled to the bulkhead] (at least indirectly);
a rear suspension 96 [coupled to the tunnel] (fig. 5, page 4, paragraph [0069]);
a fuel tank 416 [supported by a tunnel top surface] (fig. 18, page 8, paragraph [0123]);
a frame 90 comprising frame tubes 122, 124 [extending downwardly and rearwardly] (fig. 18) and [coupled to rear corners of the tunnel] (indirectly), [with the frame tubes flanking the fuel tank] (fig. 18).
For claim 16, Wubbolts et al. discloses the snowmobile [wherein a portion of the rear suspension is coupled to rear corners of the tunnel] (fig. 5).
Allowable Subject Matter
Claims 17 – 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 fail to disclose:
For claims 17 – 20: rear couplings fixedly couple the frame tubes and pivotally couple the portion of the rear suspension.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacob D. Knutson whose telephone number is (571)270-5576. The examiner can normally be reached 8:00 am - 4:00 pm.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JACOB D KNUTSON/Primary Examiner, Art Unit 3611
Prosecution Insights