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 .
This communication is in response to application No. 18/118,164 Scooter Type Electric Vehicle; filed on 03/07/2023 and amended on 01/05/2026. Claims 1 and 3-12 are currently pending and have been examined. Claim 2 has been cancelled by amendment. Claims 1, and 3-12 have been rejected as described below.
Claim Rejections - 35 USC § 103
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 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.
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Claim(s) 1, 3, and 6-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dipanjan (WO 2015092818 A1).
Regarding claim 1, Dipanjan discloses;
An electric scooter comprising: (Paragraph 32 describes the vehicle as a scooter type vehicle of gasoline, electric or hybrid drive.)
a front wheel (steerable wheel 106; Paragraph 14, Fig. 1) and a rear wheel (driven wheel 107);
an electric motor (traction motor; paragraph 11) to receive power from a battery (plurality of battery cells; paragraph 11) and to drive at least one of the front wheel or the rear wheel; (Paragraph 15 describes the vehicle power source as including a mechanical power source or an electrical power source or a mechanical and electrical power source co-operatively working to propel the vehicle.)
a floorboard (floorboard 108; Fig. 1) between the front wheel and the rear wheel;
a seat (seat 111; Fig. 1) behind and diagonally above the floorboard;
a container box (container 150; Figs. 1, 3) below the seat and including a first front wall, a first left side wall, and a first right side wall; (Figs. 3 and 4 illustrate the container consisting of front and rear walls and two side walls.)
a cover including a second front wall covering the first front wall, a second left side wall covering the first left side wall, and a second right side wall (side panels 110) covering the first right side wall; (Paragraph 14 and Figs. 1, 3 describe exterior panels which form a cover over the rear portion of the scooter. Additionally the container box includes a cover (165) over a forward compartment and a rearward cover (166) which closes two side compartments.)
a first electrical component (front stack 182: Fig. 8) located between the first front wall and the second front wall,
a second electrical component (side stack 181) located between the first left side wall and the second left side wall, and
a third electrical component (side stack 180) located between the first right side wall and the second right side wall. (Figs. 2, 6, and 8 show the location of three battery cell packs to the front, left and right sides of the container box. The cell packs are positioned inside the outer covers of the container box and inside the scooter side panels (110).)
wherein the battery is located in the container box. (Dipanjan Fig. 6 illustrates three battery cell packs located within a container box (150; fig. 3) and around an interior storage space (151).
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a storage space is located behind the battery in the container box; (fig. 6 illustrates the storage space as located behind the forward most battery.)
a widthwise dimension of a portion of the container box in which at least a portion of the storage space is located is greater than a widthwise dimension of a portion of the container box where the battery is located, (Figs. 3 and 6 illustrates the storage area as wider that the forward battery container (162).)
Dipanjan does not disclose;
at least a portion of the second electrical component overlaps the battery in a side view of the electric scooter; at least a portion of the third electrical component overlaps the battery in the side view of the electric scooter; and a widthwise dimension of a portion of the container box in which at least a portion of the storage space is located is greater than a widthwise dimension of a portion of the container box where the at least the portion of the second electrical component, and the at least the portion of the third electrical component are located. (It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to rearrange the electrical components in any desirable arrangement, since it has been held that, absent any showing of unexpected results, rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Additionally, applicant has not disclosed how the described arrangement where at least a portion of the second or third electrical component overlaps the battery in a side view of the electric scooter or a widthwise dimension of a portion of the container box in which at least a portion of the storage space is located is greater than a widthwise dimension of a portion of the container box where the at least the portion of the second electrical component, and the at least the portion of the third electrical component are located solves any stated problem or that the described arrangement exists for any particular purpose. Therefore it appears that the invention would function as intended regardless of the arrangement of the components.)
Regarding claim 3, Dipanjan discloses;
wherein the battery is removably attached to the electric scooter. (Paragraph 32 of Dipanjan discloses that the battery cell packs can be easily removed from their location and replaced, for example in the case of a damaged cell pack.)
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Regarding claim 6, Dipanjan discloses;
wherein the first electrical component (front stack 182: Fig. 8) is thicker than the second electrical component and the third electrical component (side stacks 180/181). (Fig. 8 illustrated the front stack as containing a double row of battery cells while the side stacks are each a single row of battery cells. Thus the first electrical component, and the space which it fills, is thicker than either the second or third components.)
Regarding claim 7, Dipanjan discloses;
a frame (frame rails 115, 118: Fig. 10, paragraph 14, 16) extending between the first left side wall and the second left side wall and between the first right side wall and the second right side wall;
wherein at least one of the second electrical component or the third electrical component is located inward of the frame in a width direction of the electric scooter. (Fig. 10 illustrates the electrical components as part of the container and located inward of the side frame rails.)
Regarding claim 8, Dipanjan discloses;
a frame (frame rails 115, 118: Fig. 10, paragraph 14, 16) extending between the first left side wall and the second left side wall and between the first right side wall and the second right side wall;
wherein at least one of the second electrical component or the third electrical component is located on the frame. (Dipanjan Fig. 10 illustrates the frame members as encompassing the container box which includes the electrical components. However, it would have been obvious to one having ordinary skill in the art at the time of invention to relocate any of the electrical components such that they are mounted on the frame rather than the container box since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, relocating the electrical components to be located on the frame would be expected to yield predictable results, namely that the electrical components would continue to function as intended, and provide power to the scooter.)
Regarding claim 9, Dipanjan discloses;
wherein at least one of the second electrical component or the third electrical component (side stacks 180/181) is located at or behind a center portion of the container box in a forward/rearward direction of the electric scooter. (Fig. 8 illustrates a top down view of the container box. The second and third electrical components (180/181) are located along the sides of the container box, located at or behind a vertical centerline of the container box.)
Regarding claim 10, Dipanjan discloses;
a frame (frame rails 115, 118: Fig. 10, paragraph 14, 16) extending between the first left side wall and the second left side wall and between the first right side wall and the second right side wall;
wherein the frame extends rearward and diagonally upward at a position lateral to the container box; (Fig. 10 illustrates the side frame rails 115 and 118 as extending upwards and rewards along the side (laterally) of the central container 150.)
at least one of the second electrical component or the third electrical component (side stacks 180/181) is located on the frame at or behind a center portion of the container box in a forward/rearward direction of the electric scooter. (Fig. 8 illustrates a top down view of the container box. The second and third electrical components (180/181) are located along the sides of the container box, located at or behind a vertical centerline of the container box. It would have been obvious to one having ordinary skill in the art at the time of invention to relocate any of the electrical components such that they are mounted on the frame, along the centerline of the container, rather than on the container box, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, relocating the electrical components to be located on the frame would be expected to yield predictable results, namely that the electrical components would continue to function as intended, and provide power to the scooter.)
Regarding claim 11, Dipanjan discloses;
further comprising: a swing arm to support the rear wheel; wherein the electric motor is provided on the swing arm. (Paragraph 17 describes a swing arm which mounts an internal combustion engine for powering the rear, driven wheel of the scooter. Paragraph 11 describes an electric motor (as part of either a hybrid or a fully electric scooter) capable of propelling the scooter as a traction motor of the vehicle. A fully electric model of the described scooter would therefore include the electric, traction motor as part of the vehicle swing arm and driving the rear wheel, in place of the internal combustion engine.)
Regarding claim 12, Dipanjan discloses;
wherein the electric scooter is a two-wheeled electric vehicle. (Fig. 1 and paragraphs 13 and 32 describe the vehicle as a two wheeled electric scooter.)
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dipanjan in view of Marioni (US 20150266535 A1).
Regarding claim 4, Dipanjan discloses three electrical components in claim 1, but these three components are all battery cells. Dipanjan discloses a fourth electrical component (CMS 183) for controlling the charging and discharging of the batteries but mounts this component at the rear of the container box (150). Dipanjan does not disclose three electrical components having different functions. However, Marioni teaches;
wherein the first electrical component, the second electrical component, and the third electrical component have different functions. (Marioni discloses a connector 47 on the right side of the vehicle, a control unit 41 to the front side of the central container box and an interconnecting element 49 to the left side of the vehicle.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Dipanjan to include a first electrical component, a second electrical component, and a third electrical component which have different functions as taught by Marioni, as the references and the claimed invention are directed to electric scooters. As disclosed by Marioni, it is well known for an electric scooter to include a first electrical component, a second electrical component, and a third electrical component which have different functions. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dipanjan to include a first electrical component, a second electrical component, and a third electrical component which have different functions as taught by Marioni, as such a modification would allow for control of the scooter’s electric systems.
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Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dipanjan as applied to claim 1 above, and further in view of Nakamura (US 20120176086 A1) and Taeckle (WO 2014154295 A1).
Regarding claim 5, Dipanjan discloses the three components as batteries, however Nakamura teaches;
wherein the first electrical component, the second electrical component, and the third electrical component are each any one of
a controller (ECU 86; Fig. 2) configured or programmed to control an operation of the electric scooter, (Fig. 2 and paragraph 63 of Nakamura describes an ECU located on the right side of the scooter frame.)
a converter (converter 82; Fig. 2) to change a magnitude of an output voltage of the battery and output the changed voltage, (Fig. 2 and paragraph 63 describe a voltage converter located adjacent to the vehicle frame.)
a battery switcher (contactor box 84; fig. 2) to switch batteries for use, (Fig. 2 and paragraph 63 describe a contactor box housing fuses and relays, located adjacent to the vehicle frame.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Dipanjan to include as one of the three electrical components, either a controller, a converter, or a battery switcher as taught by Nakamura, as the references and the claimed invention are directed to electric scooters. As disclosed by Nakamura, it is well known for an electric scooter to include as one of the three electrical components, either a controller, a converter, or a battery switcher. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dipanjan to include as one of the three electrical components, either a controller, a converter, or a battery switcher as taught by Nakamura, as such a modification would allow for control of the electric scooter systems.
Dipanjan in view of Nakamura does not disclose a positioner to detect a location of the electric scooter in a geographic coordinate system, or a communicator to communicate data between the electric scooter and an external device. However, Taeckle teaches;
a positioner to detect a location of the electric scooter in a geographic coordinate system, and (Page 9, lines 24-34 describes a connection board for supporting electronic components including GPS (global position satellite) capabilities.)
a communicator to communicate data between the electric scooter and an external device. (Page 9, lines 24-34 describes the inclusion of a GPRS modem which would allow a mobile data connection with an external data system.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Dipanjan to include a positioner to detect a location of the electric scooter in a geographic coordinate system or a communicator to communicate data between the electric scooter and an external device as taught by Taeckle, as the references and the claimed invention are directed to electric scooters. As disclosed by Taeckle, it is well known for an electric scooter to include a positioner to detect a location of the electric scooter in a geographic coordinate system or a communicator to communicate data between the electric scooter and an external device. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Dipanjan to include a positioner to detect a location of the electric scooter in a geographic coordinate system, or a communicator to communicate data between the electric scooter and an external device as taught by Taeckle, as such a modification would provide the ability to provide location information to the vehicle user.
Response to Arguments
Applicant's arguments filed 01/05/2026 have been fully considered but they are not persuasive. Applicant has amended independent claim 1 to include the limitations of cancelled claim 2 as well as clarifying the relative positions of the storage space, the battery, and the second and third electrical components. Reference Dipanjan discloses the limitations of independent claim 1, but does not disclose the same arrangement as the present application. Generally, a rearrangement of parts of an invention is understood to be an obvious matter of design choice and within the ability of one of ordinary skill in the art before the effective filing date of the claimed invention. In re Japikse, 86 USPQ 70. Absent any showing of unexpected results, it appears that the invention would function as intended regardless of the arrangement of the components.
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 SCOTT LAWRENCE STRICKLER whose telephone number is (703)756-1961. The examiner can normally be reached Mon. - Fri. 9:30am to 5:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at 571-272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SCOTT LAWRENCE STRICKLER/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
March 23, 2026