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 .
DETAILED ACTION
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 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.
Claim Objections
Claim 4 is objected to because of the following informalities:
“first and second forward spars” in line 2 should be --a first forward spar and a second forward spar--;
“of the first and second forward spars” in line 3 should be --of the first forward spar and the second forward spar--.
Claim 10 is objected to because of the following informalities:
“first and second forward spars” in line 3 should be --a first forward spar and a second forward spar--;
“of the first and second forward spars” in line 6 should be --of the first forward spar and the second forward spar--.
Claim 11 is objected to because of the following informalities:
“include first and second shock mounts” in line 2 should be --includes a first shock mount and a second shock mount--;
“the first and second shock mounts” in line 3 should be --the first shock mount and the second shock mount--.
Claim 18 is objected to because a comma should be inserted after “claim 10” in line 1.
Claim 20 is objected to because of the following informalities:
a comma should be inserted after “claim 10” in line 1;
a comma should be inserted after “throttle valve assembly” in line 5.
Appropriate correction is required.
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.
Claims 1-5, and 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giese et al. (U.S. 2014/0076648).
Re claim 1:
Giese discloses an air intake system (730, air intake system - Para 130) for a snowmobile (100, snowmobile - Para 74) having a forward frame assembly (230, overstructure - Para 92(see Figs. 10 and 23)), the air intake system (730) comprising:
an airbox (732, intake member - Para 130 (see Figs. 34-37)) having an inlet (736, opening - Para 130) configured to receive ambient air (see Figs. 10 and 34-37 and Para 130) and an outlet (756, opening - Para 132 (see Fig. 37 and Para 132)), the airbox (732) coupled to a forward side (see Fig. 10 at 238 (a type of forward side of element 230 is shown at element 238)) of the forward frame assembly (230)(see Figs. 10, 34, 37, and Para 132); and
an air filter assembly (734, air box - Para 130 (see Figs. 34-46 and Para 132)) in downstream fluid communication with the airbox (732)(see Figs. 34-36 and Para 132), the air filter assembly (734) having an inlet (758, inlet - Para 132) coupled to the outlet (756) of the airbox (732)(see Figs. 34-37 and Para 132);
wherein, the inlet (758) of the air filter assembly (734) is at least partially aligned with the inlet (736) of the airbox (732)(see Figs. 34-37 and Para 132).
Re claim 2:
Giese discloses the air intake system (730) as recited in claim 1 (as described above) wherein, the inlet (758) of the air filter assembly (734) is ductlessly coupled to the outlet (756) of the airbox (732)(see Figs. 34-37 and Para 132).
Re claim 3:
Giese discloses the air intake system (730) as recited in claim 1 (as described above) wherein, the inlet (758) of the air filter assembly (734) is fully aligned with the inlet (736) of the airbox (732)(see Figs. 34-37 and Para 132 (especially see Figs. 34-36 where a straight line is shown between elements 736 and 758)).
Re claim 4:
Giese discloses the air intake system (730) as recited in claim 1 (as described above) wherein, the forward frame assembly (230) includes first (238, tubular component - Para 92) and second forward spars (240, tubular component - Para 92)(see Fig. 23); and
wherein, the airbox (732) is coupled to a forward side (see Fig. 10 at 238 (a type of forward side of element 230 is shown at element 238)) of the first and second forward spars (238, 240)(see Figs. 10, 34, 37, and Para 132).
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Re claim 5:
Giese discloses the air intake system (730) as recited in claim 4 (as described above) wherein, the airbox (732) has an underside (Modified Fig. 37 above - A (person having ordinary skill in the art would recognize element A as a type of underside of element 732)) that includes a spar groove (754, recess - Para 132)(see Modified Fig. 37 above); and
wherein, the first forward spar (238) is received within the spar groove (754)(see Fig. 10, Figs. 34-37, and Para 132).
Re claim 7:
Giese discloses the air intake system (730) as recited in claim 1 (as described above) wherein, the inlet (758) of the air filter assembly (734) is forward of the inlet (736) of the airbox (732)(see Figs. 10 and 34-37 (front and back of elements has not been established)).
Re claim 8:
Giese discloses the air intake system (730) as recited in claim 1 (as described above) wherein, the inlet (758) of the air filter assembly (734) is below of the inlet (736) of the airbox (732)(see Figs. 10 and 34-37 (up and down elements has not been established)).
Re claim 9:
Giese discloses the air intake system (730) as recited in claim 1 (as described above) wherein, the airbox (732) includes a forwardly extending brace (752, extension members - Para 132 (see Fig. 10, Figs. 34-37 and Para 132)); and wherein, the air filter assembly (734) is coupled to the brace (752)(see Fig. 34).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Giese et al. (U.S. 2014/0076648), as applied to claim 1 above, in view of Vezina (CA3215401A1).
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Re claim 6:
Giese discloses the air intake system (730) as recited in claim 1 (as described above) wherein, the snowmobile (100) includes a steering column (234, steering post - Para 92) coupled to the forward frame assembly (230)(see Fig. 24 and Para 92); wherein, the airbox (732) has an underside (see Fig. 34-37 (a type of underside is shown at element 732)).
Giese fails to disclose wherein the airbox has an underside that includes a steering column groove; and wherein, the steering column is received within the steering column groove.
Vezina teaches wherein an airbox (302, airbox - Para 259) has an underside that includes a steering column groove (Modified Fig. 31 above - A (person having ordinary skill in the art would recognize element A as a type of underside of element 302 that includes a steering column groove)); and wherein, a steering column (28, steering column - Para 188) is received within the steering column groove (Modified Fig. 31 above - A)(see Modified Fig. 31 above and Figs. 1-3 (element 28 is shown within element A of Modified Fig. 31 above between the views of Fig. 31 and Figs. 1-3)).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modeled the airbox of Giese after that of Vezina, thereby including a steering column groove in the underside of the airbox of Giese and positioning the steering column of Giese in the steering column groove, all in the way taught by Vezina, for the advantage of an airbox that reduces a noise output (Vezina; Para 259).
Allowable Subject Matter
Claims 10-20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding Claims 10-20, Giese et al. (U.S. 2014/0076648) is considered the closest prior art.
Re claim 10:
Giese discloses a snowmobile (100, snowmobile - Para 74) comprising:
a forward frame assembly (230, overstructure - Para 92(see Figs. 10 and 23)) defining an engine bay (see Figs. 10, 13-15, 23 (a type of engine bay is shown defined by elements 230, 112, and 114 through these Figures and the engine referenced in Para 120 is necessarily therein per description of Para 120 and detail in these Figs. (especially see Figs. 13-14))), the forward frame assembly (230) including first (238, tubular component - Para 92) and second forward spars (240, tubular component - Para 92)(see Fig. 23);
an engine (108, engine - Para 74) positioned in the engine bay (see Figs. 10, 13-15, 23 (a type of engine bay is shown defined by elements 230, 112, and 114 through these Figures and the engine referenced in Para 120 is necessarily therein per description of Para 120 and detail in these Figs. (especially see Figs. 13-14)));
an airbox (732, intake member - Para 130 (see Figs. 34-37)) having an inlet (736, opening - Para 130) configured to receive ambient air (see Figs. 10 and 34-37 and Para 130) and an outlet (756, opening - Para 132 (see Fig. 37 and Para 132)), the airbox (732) coupled to a forward side (see Fig. 10 at 238 (a type of forward side of element 230 is shown at element 238)) of the first and second forward spars (238, 240)(see Figs. 10, 34, 37, and Para 132);
an air filter assembly (734, air box - Para 130 (see Figs. 34-46 and Para 132)) in downstream fluid communication with the airbox (732)(see Figs. 34-36 and Para 132), the air filter assembly (734) having an inlet (758, inlet - Para 132) coupled to the outlet (756) of the airbox (732)(see Figs. 34-37 and Para 132);
wherein, the inlet (758) of the air filter assembly (734) is at least partially aligned with the inlet (736) of the airbox (732)(see Figs. 34-37 and Para 132).
The prior art fails to disclose or render obvious the arrangement of the turbocharger, heat exchanger, throttle valve assembly, and manifold.
Claims 10-20 are allowed primarily because the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by the combination of more than one reference.
Additionally, the prior art of record does not teach “a turbocharger positioned outboard of the engine bay and in downstream fluid communication with the air filter assembly; a heat exchanger positioned forward of the engine bay and in downstream fluid communication with the turbocharger; a throttle valve assembly positioned outboard of the engine bay and in downstream fluid communication with the heat exchanger; and a manifold assembly in downstream fluid communication with the throttle valve assembly and in upstream fluid communication with the engine” as within the context of the claimed invention as disclosed and within the context of the other limitations present in claims 10-20.
Therefore, the prior art of record cannot anticipate Applicant’s claimed invention by a single reference nor render Applicant’s claimed invention obvious by one or more references.
As allowable subject matter has been indicated, applicant's reply must either comply with all formal requirements or specifically traverse each requirement not complied with. See 37 CFR 1.111(b) and MPEP § 707.07(a).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Loren C Edwards whose telephone number is (571)272-7133. The examiner can normally be reached M-R 6AM-430PM.
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/LOREN C EDWARDS/Primary Examiner, Art Unit 3746 3/13/26