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
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) 1-6 and 10-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2002/0084125 A1 to Scheumacher et al. (Scheumacher).
In reference to claim 1, Scheumacher discloses an air cooling system for a snowmobile having a forward frame assembly defining an engine bay, an engine positioned in the engine bay and a turbocharger positioned outboard of the engine bay (“for a snowmobile...” is interpreted as intended use), the air cooling system comprising: an intercooler (400; Figs. 2, 3, 7-10, 12, 13) in downstream fluid communication with the turbocharger (300), the intercooler configured to cool compressed air from the turbocharger (“configured to” is interpreted as intended use); and an air channel (formed by 30; Figs. 7-10) positioned forward of the intercooler (see Fig. 7), the air channel having a lower wall (see symbol 30; Fig. 10) and a pair of oppositely disposed side walls (see Fig. 7) that direct ambient ram air into the intercooler such that heat transfers from the compressed air to the ambient ram air in the intercooler, thereby cooling the compressed air and increasing the density of the compressed air before the compressed air enters the engine (inherent function of an intercooler).
In reference to claim 2, Scheumacher discloses the air cooling system as recited in claim 1 wherein, the intercooler and the air channel are positioned above and coupled to a nose portion of the forward frame assembly (see Figs. 1, 7; Applicant should note that directions such as “above”, absent an absolute datum, are relative and arbitrary as the elements can be rotated in space to meet the limitation).
In reference to claim 3, Scheumacher discloses the air cooling system as recited in claim 1 wherein, the intercooler and the air channel are positioned forward of the engine bay (see Fig. 3, par. 0028; left of figure is front of vehicle; again, “forward” is relative absent an absolute datum).
In reference to claim 4, Scheumacher discloses the air cooling system as recited in claim 1 wherein, the intercooler (400; see Fig. 3) and the air channel are positioned forward of the turbocharger (300; again, “forward” is relative).
In reference to claim 5, Scheumacher discloses the air cooling system as recited in claim 1 wherein, the side walls of the air channel are substantially vertically oriented (again, relative), are substantially parallel with each other and extend above the top of the intercooler (again, relative; see Figs. 7-10).
In reference to claim 6, Scheumacher discloses the air cooling system as recited in claim 1 wherein, the intercooler is tilted forward (again, relative) by a forward tilt angle such that an upper portion of the intercooler is forward of a lower portion of the intercooler (see Fig. 10).
In reference to claim 10, Scheumacher discloses the air cooling system as recited in claim 1 further comprising an air grill positioned at least partially forward of and at least partially above the air channel, the air grill having a plurality of veins that direct the ambient ram air aftwardly and downwardly into the air channel and toward the intercooler (see openings in Figs. 7, 10).
In reference to claim 11, Scheumacher discloses the air cooling system as recited in claim 10 wherein, the intercooler is positioned at least partially below the air grill (see Fig. 10).
In reference to claim 12, Scheumacher discloses an air intake system for a snowmobile having a forward frame assembly defining an engine bay and an engine positioned in the engine bay (again, interpreted as intended use), the air intake system comprising a cooling system substantively identical to what is recited in claim 1 (see rejection above), further comprising: an airbox (200; Fig. 3) having an air inlet (202) configured to receive ambient air; an air filter assembly (bottom of par. 0030) in downstream fluid communication with the airbox and positioned forward of the engine bay (see Fig. 3; left side of figure is front of vehicle; again, “forward” is relative), the air filter assembly configured to filter the ambient air from the airbox; a turbocharger (300) in downstream fluid communication with the air filter assembly and positioned outboard of a first side (starboard) of the engine bay, the turbocharger configured to compress the ambient air from the air filter assembly (inherent function of turbocharger); a throttle valve (112) assembly in downstream fluid communication with the intercooler and positioned outboard of a second side (port) of the engine bay that is opposite of the first side, the throttle valve assembly configured to regulate airflow from the intercooler to the engine; and a manifold assembly (114, Fig. 3; 708, Fig. 12) in downstream fluid communication with the throttle valve assembly and in upstream fluid communication with the engine.
In reference to claim 13, the recited limitations are substantively identical to what is recited in claim 10. See rejection above; the same rationale applies.
In reference to claim 14, Scheumacher discloses the air intake system as recited in claim 12 wherein, the airbox is positioned above and forward of at least a portion of the engine (again, relative; see Fig. 3).
In reference to claim 15, Scheumacher discloses the air intake system as recited in claim 12 wherein, the air filter assembly is positioned between the engine and the intercooler (see Fig. 3).
In reference to claim 16, Scheumacher discloses the air intake system as recited in claim 12 wherein, the manifold assembly is positioned at least partially above (again, relative) and at least partially aft (again, relative) of the engine (see Fig. 3).
In reference to claim 17, Scheumacher discloses a snowmobile comprising: a forward frame assembly defining an engine bay (12; Fig. 1; pars. 0006, 0025); an engine (100) positioned in the engine bay; a turbocharger (300) coupled to the forward frame assembly and positioned outboard of the engine bay (see Fig. 3); an intercooler (400) in downstream fluid communication with the turbocharger, the intercooler configured to cool compressed air from the turbocharger; and an air channel substantively identical to what is recited in claims 1 and 12 (see rejections above).
In reference to claim 18, the recited limitations are substantively identical to what is recited in claim 10. See rejection above; the same rationale applies.
In reference to claim 19, Scheumacher discloses the snowmobile as recited in claim 18 further comprising a front bumper and a headlight assembly coupled to the forward frame assembly; wherein, the air grill is positioned between the front bumper and the headlight assembly (see Fig. 1).
In reference to claim 20, Scheumacher discloses the snowmobile as recited in claim 17 wherein, the engine is a four-stroke engine (par. 0026).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Scheumacher as applied to claims 1 and 6 above, and further in view of US 2019/0063304 A1 to Lefebvre et al. (Lefebvre).
In reference to claims 7-9, Scheumacher discloses the air cooling system as recited in claims 1 and 6, but fails to explicitly disclose the particular shape of the air channel. However, Lefebvre discloses a similar air cooling system comprising an air channel (120, 130; Figs. 5-9) wherein, each of the side walls of the air channel has an aft surface; and wherein, the aft surfaces of the side walls of the air channel are tilted forward by the forward tilt angle such that upper portions of the aft surfaces are forward of lower portions of the aft surfaces, the lower wall has a contoured surface configured to accommodate a snowmobile component, and one of the side walls includes an opening. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the shape elements disclosed by Lefebvre into the system of Scheumacher. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, as it has been held that changes in shape are a matter of choice to one of ordinary skill in the art absent persuasive evidence that a particular configuration of the claimed device is significant (see MPEP 2144.04).
Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 2019/0055862 A1, US 2007/0193800 A1 and US 2004/0188159 A1 each disclose snowmobiles that appear to also anticipate at least claim 1 and may be relied upon in a subsequent Office action.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN MATTHIAS whose telephone number is (571)272-5168. The examiner can normally be reached Monday-Wednesday 10am - 6pm Pacific Time.
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/JONATHAN R MATTHIAS/Primary Examiner, Art Unit 3746 05 February 2026