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 .
Claims 3, 9 and 12-19 have been cancelled.
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.
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) 1, 2, 4-8, 10-11, 21-22, and 25-28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moriyama (PGPub 2017/0096189) in view of Cheng (CN217766037; cited by applicant) and Nishikawa (DE102016115681).
Regarding claim 1, Moriyama (embodiment of Figures 13-16; para [0081-0089]) teaches a pedal-drive vehicle 1 comprising a frame 6 having a first portion 14/81, a seat tube 7, and a down tube 11, wherein the seat tube and the down tube each have an end that terminates at the first portion 81 (see Figure 13); wherein the first portion 81 of the frame 6 defines an open channel (between side walls 75, 76Z); wherein a drive assembly 15 having a crank axle 16 and an electric motor 42 is releasably securable in the open channel (see Figure 13), such that the drive assembly defines a longitudinal operational axis; wherein a battery 18 is located within a compartment on the seat tube; wherein the battery is provided for transmission of auxiliary power to the electric motor of the drive assembly, via an aperture (aperture 50a in first portion 14, seen in Figure 6, para [0054]) in the first portion 14/81, such that the battery can communicate with the drive assembly 15 through the aperture when in the compartment; wherein the frame includes mechanical fixture points 82, 84, adjacent the open channel for releasably securing the drive assembly 15 in the open channel; and wherein the vehicle is configured so that the drive assembly 15 is moveable out of the channel when coupled to one of said fixture points at 86 wherein the drive assembly is configured to be pivotably connected to the frame such that the drive assembly is moveable out of the channel via a pivoting movement (see para [0087], lines 10-12).
Moryama teaches a battery 18 on the seat rather than located within a compartment or hollow interior of one of the seat tube and the down tube; wherein the frame is configured such that the battery is removable from the compartment or hollow interior along an axis of reciprocation within the seat tube or down tube, via the aperture in the first portion, when the drive assembly is released from the open channel. It also shows only one fixture point (at connector 86 shown in Figure 13) that extends in a direction parallel to the operational axis of the drive assembly, rather than two fixture points that both extend parallel to the operational axis of the drive assembly.
Cheng teaches an electric bicycle (para [0029], line 2) having a frame including first portion 81 mounted to down tube 2 and seat tube 4. A drive assembly 82 that mounts a pedal crank at hole 821 and is pivotally mounted to the first portion 81 of frame 2-6. A battery (battery pack 10) is located within a compartment or hollow interior of one of the seat tube 4 and the down tube 2 (Figure 2 shows the battery 10 in a hollow interior of the down tube 2); wherein the frame 2-6 is configured such that the battery 10 is removable from the compartment or hollow interior along an axis of reciprocation within the seat tube or down tube 2, via an aperture 811 in the first portion, when the drive assembly is released from the open channel (see Para [0031] and Figure 2 of Cheng).
Nishikawa shows a pedal drive vehicle having a drive assembly 20 (including motor 22 and transmission 24) and a frame 12, 14, that includes two fixture points 70, 72, for receiving bolts (see Figure 6) that both extend in a direction parallel to the operational axis of the drive assembly (axes of the motor 22 and both fixture portions 70, 72, extend transversely relative to the vehicle; see Figure 5; para [0068]-[0070]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the battery of Moriyama inside the down tube and removable through a hole in the first portion of the frame, as taught by Cheng, with a reasonable expectation of success, in order to protect the battery from damage by enclosing it within the frame and still provide easy access to the battery for servicing and replacement. It would also have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to orient both fixture points on the frame transversely, parallel to the operational axis of the drive assembly, in view of Nishikawa, in order to access both fasteners from the same direction for ease of access for maintenance.
Regarding claim 2, the open channel of Moriyama (between walls 75, 76, of the first portion) is configured for receiving the drive assembly in a non-axial direction of the channel and/or drive assembly (the drive assembly 15 of Moriyama is pivoted into position, not inserted axially).
Regarding claim 4, the drive assembly 15 of Moriyama comprises one or more lugs (at 85, as seen in Figure 13), each lug having an eyelet (hole for receiving fastener 86) arranged and configured for alignment with a respective mechanical fixture point on the frame 82, such that a mounting member or fastener 86 can extend through a respective eyelet and fixture point, in order to secure the drive assembly to the frame (see Figure 15).
Regarding claim 5, the vehicle (electric vehicle of Moriyama) includes a first mechanical arrangement 83 (see Figure 13) for coupling the drive assembly 15 to the frame 6, and wherein the first mechanical arrangement is configured to allow the drive assembly to be moved in and out of the open channel, between an operational position (Figure 13) and a maintenance position (Figure 16), whilst the drive assembly is coupled to the frame via the first mechanical arrangement.
Regarding claim 6, the first mechanical arrangement 83 of Moriyama is configured for pivotably coupling the drive assembly to the frame, such that the drive assembly is able to pivot out of the open channel when transitioning from the operational position to the maintenance position (para [0087]-[0088]).
Regarding claim 7, the vehicle includes a second mechanical arrangement 21 for use in releasably securing the drive assembly 15 in the open channel in an operational position (Figure 13), wherein the first mechanical arrangement 83 is provided on one side of the open channel and the second mechanical arrangement is provided on an opposing side of the open channel, spaced from the first mechanical arrangement (see Figure 13).
Regarding claim 8, the first mechanical arrangement 83 includes a first attachment member 82 defining an internal bore 87 for receiving a mounting member or fastener 86 (see Figure 15).
Regarding claim 10, the first portion (bracket 81) comprises an internal surface configured to compliment an outer surface of the drive assembly (see Figures 4 and 13).
Regarding claims 11 and 26-28, the first portion 14/81, comprises a curved internal surface (see Moriyama, Figures 4, 8, and 13), such that the open channel has a curved internal profile defining an axial cross-section having an arc of curvature that extends approximately 180 degrees (bracket 14, Figure 8, and 81, figure 13, of Moriyama is an arcuate shape, as recited in para [0049] and seen in the drawings; Figure 13 shows the channel of portion 81 extending approximately 180 degrees about a central axis defined by the crank axis 16 and central axis of the electric motor 42, to cover about half of the drive assembly 15).
Regarding claim 21, the first and second fixture points 82, 84, are provided adjacent a respective distal end of the open channel as viewed in cross section (Figure 13).
Regarding claim 22, the vehicle of Moriyama is configured so that the drive assembly 15 can swing out of the channel (formed by bracket 14/81) from an operational position (Figure 13) to a maintenance position (Figure 16), via pivoting movement (a pivot 86), when coupled to one of said fixture points 82.
Regarding claim 25, Moriyama teaches that internal surfaces at 49 and 54 of first portion 14, as seen in Figure 4, that include projections and the outer surface of the drive assembly 15 includes recesses (recessed areas at the intersection of the outer wall of drive unit and projections 51, 55 extending from the outer surface of the drive unit) into which the projections are received when the drive assembly is releasably secured in the open channel (Figure 4).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moriyama (PGPub 2017/0096189) in view of Nishikawa (DE102016115681).
Moriyama teaches a method of installing a drive assembly for a pedal driven vehicle, the method comprising the steps of: providing a drive assembly 25 having a crank axle 26; providing a frame 6 for a pedal driven vehicle 1, wherein the frame includes a first portion 14 that defines an open channel (see Figures 13 and 16) and wherein the frame includes fixture points 82, 84, for releasably securing the drive assembly to the frame; wherein the method comprises the further step of securing the drive assembly in the open channel via the fixture points such that the drive assembly is pivotably connected to the frame (Figure 13 shows the drive assembly 5 in the open channel of bracket 81 and Figure 16 shows the drive assembly pivoted out of the channel), and wherein the drive assembly is moveable in and out of the open channel via a pivoting movement (pivot at 86; see Figure 16) in a non-axial direction of the channel, when coupled to one of said fixture points (see para [0087]).
Moriyama shows only one fixture point (at connector 86 shown in Figure 13) that extends in a direction parallel to the operational axis of the drive assembly, rather than two fixture points.
Nishikawa shows a pedal drive vehicle having a drive assembly 20 (including motor 22 and transmission 24) and a frame 12, 14, that includes two fixture points 70, 72, for receiving fixture bolts (see Figure 6) that both extend in a direction parallel to the operational axis of the drive assembly (axes of the motor 22 and both fixture portions 70, 72, extend transversely relative to the vehicle; see Figure 5; para [0068]-[0070]).
It would also have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to orient both fixture points on the frame transversely and parallel to the operational axis of the drive assembly, in view of Nishikawa, with a reasonable expectation of success, in order to access both fasteners from the same direction for ease of maintenance.
Claim(s) 23 and 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moriyama, Cheng, and Nishikawa as applied to claims 1, 2, 4-8, 10-11, 21-22, and 25-28 above, and further in view of DE102017201617 to Noack et al.
Regarding claims 23 and 24, the combination is silent regarding an internal bush that is located in the internal bore and wherein the mounting member of fastener extends within the bore of said internal bush.
Noack teaches an electric pedal-drive vehicle having a drive assembly 2 connected to frame 1 by transverse fasteners (screws 3, 4). An internal bush 6 (Figure 5) is located in the internal bore 83 and the mounting member42 of fastener 4 extends within the bore of said internal bush 6. Noack teaches that the bush can be a resilient plastic to prevent noise, provide insulation and prevent contact corrosion (page 4, lines 7-10 of Noack translation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a resilient plastic internal bush between the internal bore and the fastener of the first attachment member of the combination, as taught by Noack, with a reasonable expectation of success, in order to reduce noise, provide insulation, and prevent contact corrosion between the motor and vehicle frame.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 2, 4-8, 10, 11, and 20-28 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s arguments focus on the orientation of the claimed fixture points. Nishikawa is now relied upon to teach orienting the fixture points of the drive unit parallel to each other and the operational axis of the drive assembly.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/