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 .
Response to Amendment
The amendment filed on 3/18/2026 is acknowledged. Accordingly, claim 1 has been amended, claims 8-12 have been newly added. Currently, claims 1-12 are pending.
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 heat exhaust hole configured as through holes to receive a wiring extending from the headlamp and a wiring extending from a meter pass of claim 8 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 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.
Claim 8 is 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.
In claim 8, the phrase “the air intake hole and the heat exhaust hole are configured as through holes to receive a wiring extending from the headlamp and a wiring extending from a meter pass, respectively, and wherein a gap is provided between each wiring and a corresponding one of the air intake hole and the heat exhaust hole” is unclear because:
A heat exhaust hole is understood to be an opening wherein air enters the exhaust system. However, via examination of the figures, the openings are at the bottom (inlet) and top (outlet) of the lamp cover, air passes from bottom to top behind the headlamp. The wires are shown running in between the heat exhaust hole and the air intake hole, but not though either on them as claimed.
For purpose of examination, the phrase has been interpreted to mean -- the air intake hole and the heat exhaust hole are configured to receive a wiring extending from the headlamp and a wiring extending from a meter pass in between, and wherein a gap is provided between each wiring and a corresponding one of the air intake hole and the heat exhaust hole --.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Kagami Michihisa (JP 2533296 B2, hereinafter, “Kagami”, previously cited by the Examiner) in view of Saito et el. (US 4709774 A, hereinafter, “Saito1”, previously cited by the Examiner).
Regarding claim 1, Kagami teaches a heat exhaust structure (Vehicle windshield anti-fog structure, see figure 4, and figures 1-3 to show common elements and feature to all embodiments and embodiment variations) for a headlamp (headlight 124, see fig 1) configured to illuminate (as expected from a motorcycle headlight) the front of a vehicle (motorcycle, see fig 1),
the heat exhaust structure (anti-fog structure) comprising:
a lamp cover (windshield 130 and handle cover 120, see fig 4) configured to cover a periphery of a lens (lens portion 124a, see fig 4) of the headlamp 124;
a housing (120, see fig 4) configured to cover (see covering provided by upper wall 120c, rear wall 120b and lower wall, not labeled but seen in fig 4) a rear surface (rear surfaces of 124, not labeled but clearly seen in fig 4) of the headlamp (124) from a rear side (rear side of 124, as seen in seen in fig 4); and
wherein an air intake hole (see intake hole, as annotated in fig 4 below) is formed in a lower surface (lower surface of 120) of the housing (120),
a heat exhaust hole (hole 140) is formed in an upper surface (120c) of the housing (120);
the air intake hole (In) opens downward (as seen in zoomed fig 4 below) and is located rearward (see intake circled in fig 4 below) of a front surface (see front surface FS, as annotated in fig 4 below) of the lamp cover (130).
Although, a front fender (which appears to be shown in fig 1 above the front wheel 10) is included in most motorcycles, and where most front fenders are known to be positioned below the headlamps,
Kagami does not explicitly teach a front fender installed below the housing, and the front fender is positioned below the air intake hole.
Saito1 teaches a heat exhaust structure (radiator 18, see figures 1-3) having a housing (radiator air guide 49 and lower radiator cover 56, see fig 2) behind a headlamp (headlight 20), and an air intake (air inlets 48, see fig 3);
a front fender (front fender 5, see fig 1) installed below the housing (56), and the front fender (5) is positioned below the air intake hole (48).
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to incorporate the fender as taught by Saito1 into the teachings of Kagami in order to protect the housing from mud or water splashed by the front wheel. One of ordinary skill would have been motivated to make this modification as most motorcycles require fenders primarily due to safety considerations and also due to legal requirements.
Annotated figure 4 of Kagami has been reproduced below:
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Regarding claim 8, Kagami does not explicitly teach wherein the air intake hole and the heat exhaust hole are configured as through holes to receive
a wiring extending from the headlamp and a wiring extending from a meter pass, respectively, and wherein a gap is provided between each wiring and a corresponding one of the air intake hole and the heat exhaust hole.
However, one of ordinary skill would have recognized the headlamp and meter needs to be wired behind the lamp cover and in between the openings.
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to position the wiring between the air intake and exhaust holes into the teachings of Kagami in order to enhance heat exchange with the environment. One of ordinary skill would have been motivated to make this modification to further reduce working temperatures within the lamp cover.
Claims 2-5 are rejected under 35 U.S.C. 103 as being unpatentable over Kagami Michihisa (JP 2533296 B2, hereinafter, “Kagami”, previously cited by the Examiner) in view of Saito et el. (US 4709774 A, hereinafter, “Saito1”, previously cited by the Examiner), as applied to claim 1 above, and further in view of Japanese publication (JP S5830788 Y2, hereinafter, “788”, previously cited by the Examiner).
Regarding claims 2-5, Kagami as modified by Saito does not explicitly teach wherein an upper surface of the front fender is formed with a groove portion that extends from a position forward of a front surface of the lamp cover to a position rearward of the front surface of the lamp cover; and
wherein a lower surface of the lamp cover faces the groove portion of the front fender, and
wherein the lower surface of the lamp cover is inclined such that a rear end of the lower surface of the lamp cover is lower than a front end of the lower surface; and
wherein a slope that becomes higher rearward is formed on a rear side of the groove portion of the front fender, and wherein a rear end of the slope of the front fender is located behind a front end of the lower surface of the housing; and
wherein the air intake hole is formed in a recessed portion provided in the lower surface of the housing, and wherein the slope of the front fender fits into the recessed portion of the housing.
788 teaches a heat exhaust structure (front fender 8, case 3, see figures 1-3) having a lamp cover (3) and a fender (8);
wherein an upper surface (upper surface of 8) of the front fender (8) is formed with a groove portion (groove 9, see fig 3) that extends from a position forward (front end of 3) of a front surface (front surface of 3, see fig 1) of the lamp cover (3) to a position rearward (rear of 3) of the front surface (front surface of 3) of the lamp cover (3, see fig 3); and
wherein a lower surface (see lower surface of 3, as seen in fig 2) of the lamp cover (3) faces the groove portion (9) of the front fender (8), and
wherein the lower surface (lower surface of 3) of the lamp cover (3) is inclined such that a rear end (see lower rear end of 3 closer to forks 2, as seen in fig 2) of the lower surface (lower surface of 3) of the lamp cover (3) is lower than a front end (see front end of lower surface of 3 closer to the headlamp, as see in fig 2) of the lower surface (lower surface of 3); and
wherein a slope (see slope of 8 becoming higher as it approached fork 2, not labeled but clearly see in fig 2) that becomes higher rearward (towards the rear of the motorcycle) is formed on a rear side (rear side of 9) of the groove portion (9) of the front fender (8), and wherein a rear end (see rear end of slope closest to fork 2) of the slope of the front fender (see slope of 8) is located behind a front end (front end surface of 3) of the lower surface (lower surface of 3) of the housing (3); and
wherein the air intake hole (see opening between 3 and 9) is formed in a recessed portion (see recessed portion of 3, not labeled but evident from fig 2) provided in the lower surface (lower surface of 3) of the housing (3), and wherein the slope (see slope of 8) of the front fender (8) fits into the recessed portion (recessed portion of 3, better seen in fig 3) of the housing (3).
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to incorporate the groove portion as taught by 788 into the teachings of Kagami as modified by Saito1 in order to define an air guide path for guiding traveling wind. One of ordinary skill would have been motivated to make this modification to enhance air traveling into the air intake.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kagami Michihisa (JP 2533296 B2, hereinafter, “Kagami”, previously cited by the Examiner) in view of Saito et el. (US 4709774 A, hereinafter, “Saito1”, previously cited by the Examiner), as applied to claim 1 above, and further in view of Saito et al. (US 4709774 A, hereinafter, “Saito2”, previously cited by the Examiner).
Regarding claims 6-7, Kagami does not explicitly teach further comprising: a meter attached to the upper surface of the housing, wherein the meter is located above the heat exhaust hole; and
wherein the heat exhaust hole is formed from the upper surface to a rear surface of the housing, below the meter.
Saito2 teaches further comprising: a meter (instrument cluster unit 19, see fig 8) attached to the upper surface (49) of the housing (49, 56), wherein the meter (19) is located above the heat exhaust hole (outlet holes 17a); and
wherein the heat exhaust hole (17a) is formed from the upper surface (49) to a rear surface (see rear surface of 49, better seen in fig 4) of the housing (49, 56), below the meter.
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to incorporate the meter as taught by Saito2 into the teachings of Kagami in order to provide the rider with the current data from the motorcycle performance. One of ordinary skill would have been motivated to make this modification as most motorcycle riders require actual speed readings, a fuel gauge and/or temperature information to ride motorcycles safely.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kagami Michihisa (JP 2533296 B2, hereinafter, “Kagami”, previously cited by the Examiner) in view of Saito et el. (US 4709774 A, hereinafter, “Saito1”, previously cited by the Examiner), as applied to claim 1 above, and further in view of Erion et al. (US 20070127257 A1, hereinafter, “Erion”, newly cited by the Examiner).
Regarding claim 9, Kagami does not explicitly teach further comprising a heat sink configured to cool the headlamp, wherein a front surface of the heat sink is located forward of the air intake hole.
Erion teaches a heat exhaust structure (Headlamp assembly with Integrated housing and heat sink, see figure 5) having a headlamp (light source 24) cooled by air entering an opening (venturi openings 54, see fig 5);
further comprising a heat sink (base 22, see fig 5) configured to cool the headlamp (24), wherein a front surface (front surface of 22) of the heat sink (22) is located forward of the air intake hole (54).
It would have been obvious to one of ordinary skill in the art before the effective filled date of the claimed invention to incorporate the heatsink as taught by Erion into the teachings of Kagami in order to enhance heat exchange with the environment. One of ordinary skill would have been motivated to make this modification to further reduce the working temperatures of the headlamp.
Allowable Subject Matter
Claims 10-12 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.
Regarding claim 10, although Kagami teaches the heat exhaust structure, as described in claims 1-3 above, the prior art the prior art of the record fails to teach wherein the lower surface of the lamp cover fits into the groove portion of the front fender to narrow a passage for traveling wind.
Regarding claim 11, although Kagami teaches the heat exhaust structure, as described in claims 1-3 above, the prior art the prior art of the record fails to teach wherein, in a side view, a part of the lower surface of the lamp cover extends below an upper edge of the front fender.
Regarding claim 12, although Kagami teaches the heat exhaust structure, as described in claims 1-2 and 4-5 above, the prior art the prior art of the record fails to teach wherein the slope of the front fender is formed to be higher toward the rear at a position rearward of a front end of the lower surface of the housing, wherein, in a side view, the recessed portion of the housing is provided in a shape recessed upward with respect to the front end of the lower surface of the housing, and wherein, in the side view, the rear end of the slope is positioned forward of a rear end of the recessed portion and enters the recessed portion of the housing.
Response to Arguments
Applicant's arguments filed 3/18/2026 have been fully considered but they are not persuasive.
Applicant argues that Kagami does not teach the air intake hole opens downward and is located rearward of a front surface of the lamp cover, stating that the notch 34, or 134, is provided on the front side of the headlamp to efficiently capture oncoming airflow and is positioned more toward the front than the air intake hole in claim 1.
The examiner respectfully disagrees.
Initially, the examiner used the variant of the main embodiment of Kagami, the variant uses a recognizable pattern of labels, that is the variant uses the same labels of figure 1 plus 100, that is the notch 34, is notch 134, or housing 20 is also housing 120.
In order to help visualizing the features of Kagamis invention, a zoomed portion of figure 4 has been annotated and added to the office. In the zoomed figure, it is evident the intake hole, points downwards, and is positioned rearward from the lamp cover, as required by the claim.
And the applicant’s arguments in this regard are not persuasive.
Applicant argues the dependent claims should be allowed due to their dependency from claim 1.
The examiner respectfully disagrees for the reasons stated above.
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 OMAR ROJAS CADIMA whose telephone number is (571)272-8007. The examiner can normally be reached Monday-Thursday 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Abdulmajeed Aziz can be reached at 571-270-5046. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OMAR ROJAS CADIMA/ Primary Examiner, Art Unit 2875