DETAILED ACTION
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 Arguments
Applicant’s arguments (See Remarks), filed 07/22/2025, with respect to the 112(b) rejections of claims 1-15 have been fully considered and are persuasive. The 112(b) rejections have been fully considered and are withdrawn.
Applicant's arguments (See Remarks) filed 07/22/2025, with respect to claim 1, have been fully considered but they are not persuasive.
Regarding Claim 1, Applicant argues “Croft discloses a kneeling pad which is positioned above the center axle of the rear wheel, a position which is not comfortable or viable for placement of a rider's foot and presents a mode of operation different from traditional scooter usage.” (See Remarks Pg 6 para 4). The Examiner disagrees.
Croft introduces a footrest element 101 (Figs 1-3B, see also “The footrest frame member 154 may include one or more footrest vertical portions (160a, 160b), one or more footrest horizontal portions 162 to support the footrest 101,” para 0035) that is positioned below a center axle of the rear wheel (See Croft Figs 3A and 3B). Additionally, Croft teaches a bracket 146 (Fig 3B, “A bracket 146 having a plurality of attachment features 142 may be assembled and secured to a rear wheel hub portion of the bicycle 102 to provide aft foot support.” para 0036) that is a fused connection between the rear wheel 123 , and rear frame members 120.
Therefore, the 102 rejections of claims 1 and 3-5 are sustained, further the 103 rejections of claims 2,6 and 7 are also sustained.
Regarding Claims 8-15, Applicant’s arguments, see Remarks, filed 07/22/2025, with respect to the rejections of claims 8-15 under U.S.C 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Zhou (US 20160229483 A1). (See Rejections of Claims 8-15 below).
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(s) 1 and 3-5 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Croft (US 2019/0092416).
(Examiner’s Note, amended claim limitations will be underlined in the following analysis)
Regarding Claim 1, Croft anticipates a bicycle and scooter hybrid for providing transportation 102 (Figs 1A and 1B), facilitating exercise and for leisurely activity comprising:
a front wheel 122 (Figs 1A and 1B) and a rear wheel 123 (Figs 1A and 1B) separated by a frame (106, 108, 110, 112,118,120,Figs 1A-4B) said frame comprising:
a front frame member 106 (Figs 1A and 1B) fused to a top first connection frame member 108 (Figs 1A and 1B) and a lower first connection frame member 112 (Figs 1A and 1B) at a rear midpoint of said front frame member, a middle frame member 110 (Figs 1A and 1B) fused to a top second connection frame member 120 (Figs 1A and 1B) at an upper rear midpoint of said middle frame member 110 (Figs 1A and 1B) and a lower second connection frame member 118 (Figs 1A and 1B) fused at a [lower rear midpoint of said middle frame member] (Figs 1A and 1B show the chainstay 118 fused at a lower end of the middle frame member), said top first connection frame member 108 (Figs 1A and 1B) fused at [an upper front midpoint of said middle frame member 110 (Figs 1A and 1B)] (Figs 1A and 1B show the top first connection frame member fused at an upper end of the middle frame member) and said lower first connection frame member 112 (Figs 1A and 1B) [fused at a lower front midpoint of said middle frame member 110 (Figs 1A and 1B)] (Figs 1A and 1B show the lower first connection frame member fused at a lower front end of the middle frame member);
a handle 104 (Figs 1A and 1B) fused to a [top of said front frame member] (Figs 1A and 1B show the handle attached to the top of the front frame member) ;
a carrier 114 (Figs 1A and 1B) fused to a top of said middle frame member for [providing a resting surface] (The saddle 114 provides a flat surface on the top Fig 1C); and
a footrest 101 (Figs 1A-1C and 3A-4B) [affixed to a base of said middle frame member] such that said footrest 101 (Figs 1A-1C and 3A-3B, para 0033) is positioned below [a center axle of said rear wheel] (See Croft Figs 3A and 3B, Croft Figs 3A and 3B show the footrest 101 positioned below the rear axle 147 of the rear wheel 123),
wherein said front wheel 122 (Figs 1A and 1B) is [affixed to a base of said front frame member] (Figs 1A-1C show the front wheel attached to the base of the front frame member) and said top second connection frame member 120 (Figs 1A and 1B) and said lower second connection frame member 118 (Figs 1A and 1B) are [fused to a connection plate 146, (Figs 3A and 3B, “... is received on an axle 147 of the rear wheel 123, either inside or outside a dropout" para 0036) and said rear wheel 123 (Fig 3a shows a bracket component connecting frame components 120, 118 and rear wheel 123, para 0030) such that said connection plate 146 (Figs 3A and 3B) is [positioned above the center axle of said rear wheel] (Annotated Fig Croft 3A below shows the bracket component 146 having a part positioned above the rear axle of the center wheel).
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Annotated Croft Figure 3B showing the bracket component 146 having a section positioned above the rear axle 147.
Regarding Claim 3, Croft anticipates a bicycle and scooter hybrid 102 (Figs 1A and 1B) wherein said frame (106, 108, 110, 112,118,120,Figs 1A-4B) is composed of [durable and lightweight material] ("In a particular embodiment, the crank arm(s) (144a, 144b) and bracket(s) are made of lightweight, yet stiff and rigid material, such as aluminum alloy or stainless steel", para 0030).
Regarding Claim 4, Croft anticipates a bicycle and scooter hybrid 102 (Figs 1A and 1B) wherein a formation of said top first connection frame member 108 (Figs 1A and 1B) and said lower first connection frame member 112 (Figs 1A and 1B) in between said front frame member 106 (Figs 1A and 1B) and said middle frame member 110 (Figs 1A and 1B) is a [fork shape] (fork shape is understood as diverging components spaced apart from one another, as presently shown in the Instant Application Figure 1A. Croft shows a similar bicycle frame wherein both elements 108 and 112 are diverging and spaced apart from one another).
Regarding Claim 5, Croft anticipates a bicycle and scooter hybrid 102 (Figs 1A and 1B) wherein formation of said top second connection frame member 120 (Figs 1A and 1B) and said lower second connection frame member 118 (Figs 1A and 1B) in between said middle frame member 110 (Figs 1A and 1B) and said connection plate 146 (Figs 3A and 3B, “... is received on an axle 147 of the rear wheel 123, either inside or outside a dropout" para 0036) is a [fork shape] (fork shape is understood as diverging components spaced apart from one another, as presently shown in the Instant Application Figure 1A. Croft shows a similar bicycle frame wherein both elements 120 and 118 are diverging and spaced apart from one another).
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Croft in view of Code (WO 9621592 Provided in Present OA).
Regarding Claim 2, Croft teaches the bicycle and scooter hybrid of claim 1.
Croft does not teach a peg is affixed at a midpoint of said lower second connection frame member.
Code teaches a peg 16 (Fig 14a and 14b) is [affixed at a midpoint] (Fig 14b shows the peg affixed to the chain stay 24) of said lower second connection frame member 24 (Fig 14b).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the peg of Code with the bicycle scooter hybrid frame of Croft with a reasonable expectation of success because it would provide additional strength and a foothold for the frame. By including a peg at the lower frame member the user can rest their foot on the peg while coasting.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Croft in view of Corbett (US 2020/0407013).
Regarding Claim 6, Croft teaches a bicycle and scooter hybrid 102 (Figs 1A and 1B).
Croft does not teach an electrical motor is coupled to said front wheel to rotate said front wheel and provide electric drive for said bicycle and scooter hybrid.
Corbett teaches an electrical motor 135 (Fig 1 para 0029) is coupled to said front wheel 130 (Fig 1 para 0029) to rotate said front wheel and provide [electric drive for said bicycle and scooter hybrid] (para 0029). Corbett additionally teaches the electric motor 135 (Fig 1) is optionally switched to charging mode such that [manual operation of said bicycle and scooter hybrid is harnessed for charging said electric motor] ("the pedal assembly 140 can be connected to the pedal motor 145, acting as a generator to provide which the user can pedal against while generating power for the autonomous electronic bicycle 100. The resulting electrical power from the user's pedaling can be stored or used to power (or partially power) the autonomous electronic bicycle 100." (emphasis added) para 0030 and "... a battery 150 which can provide power to one or more components of the autonomous electronic bicycle 100, such as the front and rear hub motors 135 and 115 ... the battery 150 can send or receive power from one or more of the motors of the autonomous electronic bicycle 100, for example, from harvesting power from the pedal motor 145" (emphasis added) para 0031).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally include the electric motor and charging method of Corbett with the bicycle scooter hybrid of Croft with a reasonable expectation of success because it would provide an additional propulsion source for the user. By including an electric motor, the bicycle scooter hybrid has a more consistent means of propulsion and can provide charging power to the motor while the user is manually pedaling the bicycle scooter hybrid which increases the longevity of the motor components.
Regarding Claim 7, Croft as modified by Corbett in claim 6 above, further teach the electric motor (Corbett 135, Fig 1 para 0029) is switchable to a charging mode such that [the manual operation of said bicycle and scooter hybrid is harnessed for charging said electrical motor] ("the pedal assembly 140 can be connected to the pedal motor 145, acting as a generator to provide which the user can pedal against while generating power for the autonomous electronic bicycle 100.” Para 0030).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Croft in view of Zhou (US 2016/0229483).
Regarding Claim 8, Croft teaches the bicycle scooter hybrid of claim 1.
Croft does not teach a swing crank affixed to a mounting plate via a plurality of fasteners, said mounting plate coupled to said connection plate and said rear wheel;
a swing pedal rotatably coupled to said swing crank via a first pedal arm such that said swing pedal has a pendulum swing about said swing crank, said swing pedal positioned behind said middle frame member during operation;
a crank mount affixed to said top first connection frame member; and
an offset pedal affixed to said crank mount via said a second plurality of fasteners, said offset pedal coupled to a first gear coupled to a first chain and coupled to said swing pedal via a second pedal arm such that said pendulum swinging of said swing pedal is transferred to said offset pedal to rotate said first gear,
wherein said first gear and said first chain are coupled to said rear wheel to drive rotation of the rear wheel, and
wherein said first gear is positioned above said swing crank.
Zhou teaches a swing crank 531 (Figs 4 and 5 “in which, the lower end of each rocker 531 is pivotally connected to the rear lower portion of the frame 1,” para 0061) affixed to a mounting plate (element 531 is attached to the lower frame member via a plurality of fasteners, see Fig 4), [said mounting plate coupled to said connection plate and said rear wheel 3 (Fig 4 para 0054)] (see annotated Zhou Figure 4 below);
a swing pedal 522 (Figs 4 and 5 para 0061) [rotatably coupled to said swing crank via a first pedal arm 523] (para 0061 describes the differences between embodiment 2 to embodiment 1, the overall performance and operation of embodiment 2 is fully described by embodiment 1 besides the positioning of the crank arms and “…one end of the pedal connecting rod 523 is pivotally connected to the crank 521 and the other end is pivotally connected to the pedal 522.” Para 0055) such that said swing pedal 522 (Figs 4 and 5) has [a pendulum swing about said swing crank] (“and the lower end is pivotally connected to the pedal 522 spindle; the rocker 531, the pedal connecting rod 523 and the crank 521 on one side of the first drive sprocket 512 form a group of crank rocker mechanism;” para 0056 ), said swing pedal 522 (Figs 4 and 5) [positioned behind said middle frame member during operation] (Zhou Figure 4 shows the swing pedal operating in the rear part of the bicycle behind the middle frame member);
a crank mount 51 (Fig 4 para 0055) affixed to said top first connection frame member (“…the first drive sprocket 512 is mounted in the middle the frame 1” para 0055); and
an offset pedal 521 (“…in which, one end of each crank 521 is fixed to the first drive sprocket 512 center, one end of the pedal connecting rod 523 is pivotally connected to the crank 521 and the other end is pivotally connected to the pedal 522.” Para 0055) affixed to said crank mount 51 (Fig 2) via [a second plurality of fasteners] (“…one end of each crank 521 is fixed to the first drive sprocket 512 center,” para 0055 ), said offset pedal 521 (Fig 1) coupled to a first gear 512 (Fig 2) coupled to a first chain 513 (Fig 2, “and the first chain 513 is surrounded on the first driven sprocket 511 and the first drive sprocket 512;” para 0055) and coupled to said swing pedal 522 (Fig 2) via [a second pedal arm] (“” para ) [such that said pendulum swinging of said swing pedal is transferred to said offset pedal to rotate said first gear] (“…and pedals take arc reciprocating movements.” para 0060),
wherein said first gear 511 (Fig 2, para 0055) and said first chain 513 (Fig 2, para 0055) are [coupled to said rear wheel to drive rotation of the rear wheel] (“…a first drive sprocket 512
and a first chain 513, in which, the first driven sprocket 511 is mounted on the rear wheel 3, the first drive sprocket 512 is mounted in the middle the frame 1,” para 0055), and
wherein said first gear 512 (Fig 2) is positioned above said swing crank 531 (Zhou Fig 4 shows the attachment of swing crank 531 is lower than a position of the first gear 512).
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Annotated Zhou Figure 4 shows the swing crank being connected to a lower frame member and the rear wheel via an arm and some fasteners.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally include the crank assembly as taught by Zhou with the top first connection frame member of Croft with a reasonable expectation of success because it would provide improved ergonomic means for the user when operating the bicycle. By modifying the top first connection frame member of Croft with the crank arm assembly of Zhou, the user has improved ergonomics when riding the bicycle and operating the drive mechanism.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Croft in further view of Zhou (Embodiment 5).
Regarding Claim 9, Croft and Zhou (Embodiment 2, see claim 8 above) teach a bicycle with a drive mechanism.
Croft and Zhou (Embodiment 2, see claim 8 above) do not teach a second gear is coupled to said first gear via a second chain.
Zhou (Embodiment 5) teaches a bicycle having a second gear (See Zhou Annotated Fig 14 below) is coupled to said first gear 51 (Fig 14) via a second chain.
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Annotated Zhou Figure 14 shows a second gear attached to the primary drive gear via a second chain.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally include the second gear and second chain as taught by Zhou (Embodiment 5) with the bicycle and scooter hybrid of Croft and Zhou with a reasonable expectation of success because it would provide an additional drive component to further propel the bicycle scooter hybrid. By modifying the bicycle scooter hybrid of Croft and Zhou (Embodiment 2) with the second gear of Zhou, the user has additional driving means to further propel the bicycle further while operating the bicycle.
Claims 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Croft and Zhou as applied to claim 9 above, in further view of Corbett (US 2020/0407013).
Regarding claim 10, Croft and Zhou teach a bicycle and scooter hybrid Croft-102 (Figs 1A and 1B) (see modification in claim 9 above).
Croft and Zhou do not teach an electrical motor is coupled to said front wheel to rotate said front wheel and provide electric drive for said bicycle and scooter hybrid.
Corbett teaches an electrical motor 135 (Fig 1 para 0029) is coupled to said front wheel 130 (Fig 1 para 0029) to rotate said front wheel and provide [electric drive for said bicycle and scooter hybrid] (para 0029). Additionally, Corbett teaches an electrical motor 115 (Fig 1 para 0023) is coupled to rotate said rear wheel 110 (Fig 1 para 0023) and provide [electric drive for said bicycle and scooter hybrid] (paras 0023 and 0024).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally include the electric motor of Corbett with the bicycle scooter hybrid of Croft and Zhou with a reasonable expectation of success because it would provide an additional propulsion source for the user. By including an electric motor, the bicycle scooter hybrid has a more consistent means of propulsion and improve the rideability of the hybrid vehicle.
Regarding Claims 12 and 15 (Similar Limitations different dependencies) , Croft and Zhou as modified by Corbett in claim 11 above, further teach the electric motor (Corbett 135, Fig 1 para
0029) is switchable to a charging mode such that [the manual operation of said bicycle and scooter hybrid is harnessed for charging said electrical motor] ("the pedal assembly 140 can be
connected to the pedal motor 145, acting as a generator to provide which the user can pedal against while generating power for the autonomous electronic bicycle 100.” Para 0030). (Note, Claim 12 is rejected for the sustainably same reasons as claim 7 above).
Regarding Claim 13, Croft and Zhou teach a bicycle and scooter hybrid Croft-102 (Figs 1A and 1B) (see modification in claim 9 above).
Croft and Zhou do not teach an electrical motor is affixed to said top first connection frame member and said lower first connection frame member.
Corbett teaches an electrical motor 145 (Fig 1) affixed to said lower first connection frame member (lower frame portion of frame 105 as shown in Fig 1, motor 145 is attached to the frame portion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally include the electric motor of Corbett with the bicycle scooter hybrid of Croft and Zhou with a reasonable expectation of success because it would provide an additional propulsion source for the user. By including an electric motor, the bicycle scooter hybrid has a more consistent means of propulsion and improve the rideability of the hybrid vehicle.
Additionally, Croft Zhou and Corbett discloses the claimed invention except for the electric motor is affixed to the top and lower first connection frame members. It would have been obvious to one having ordinary skill in the art at the time of the claimed invention to position the motor between the top and lower first connection frame members, since it has been held that rearrangement in an invention involves only routine skill in the art. See In re Japikse, 86 USPQ 70. Please note in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claims 11 and 14 (Similar Limitations Different Dependencies) , Croft and Zhou teach a bicycle and scooter hybrid Croft-102 (Figs 1A and 1B) (see modification in claim 9 above).
Croft and Zhou do not teach said electrical motor is alternatively coupled to the second gear via a said second chain to rotate said rear wheel and provide electric drive for said bicycle and scooter hybrid.
Corbett teaches an electrical motor 115 (Fig 1 para 0025) is alternatively [coupled to the second gear via a said second chain to rotate said rear wheel and provide electric drive for said bicycle and scooter hybrid] (“For example, the rear hub motor 115 can drive the rear wheel 110 through a chain or belt drive (such as in a single gear traditional bicycle chain drive).” para 0025 and “the hub of the rear wheel 110 is also connected to the pedal assembly 140 through a chain or belt drive” ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally include the electric motor of Corbett with the second gear and second chain of the bicycle scooter hybrid of Croft and Zhou with a reasonable expectation of success because it would provide an additional propulsion source for the user. By including an electric motor, the bicycle scooter hybrid has a more consistent means of propulsion and improve the rideability of the hybrid vehicle.
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 extension fee 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 Morgan Knauf whose telephone number is (703)756-4532. The examiner can normally be reached Monday - Thursday: 8:00 AM- 6:15PM.
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/M.M.K./ Examiner, Art Unit 3611
/VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611