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 .
Election/Restrictions
Applicant’s election without traverse of Invention II in the reply filed on October 14, 2025 is acknowledged.
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.
Claims 6 – 8 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent number US 4,767,130 to Fu-Chao.
Regarding claims 6 – 8, Fu-Chao discloses a wheeled vehicle (See Fig. 1) for carrying passengers on a traveling surface comprising:
[Claim 6] a plurality of wheels (swing wheel 110, driving wheel assembly 150, and two main wheels 210) including two laterally spaced-apart forward wheels (two main wheels 210) and one or more rear wheels (driving wheel assembly 150);
a passenger seat (seat plane 63) with a horizontal seating surface (See Fig. 6) including a seat front edge (seat frames 60) located laterally between the forward wheels and vertically above the center axis (lower tube 41, Fig. 4) of a forward wheel (See Fig. 1);
one or more frame members (main frame 10 and keel beam 11) upon which the wheels and the passenger seat are mounted (See Fig. 1); and
a passenger footboard (two footrests 100) located below the seat front edge (seat frames 60) wherein the footboard is pivotally mounted (via hinge fittings 18) to at least one frame member (keel beam 11) whereby the footboard can be selectively rotated between a predominantly horizontal traveling position (the footrest 100 shown in solid line in Fig. 12) and a substantially vertical loading and unloading position (the footrest 100 shown in dashed line in Fig. 12);
[Claim 7] wherein the pivot axis (hinge fittings 18, See Fig. 12) of the footboard (two footrests 100) is substantially parallel to the seat front edge (seat frames 60; See Fig. 1); and
[Claim 8 ] wherein at least one portion of the footboard (two footrests 100) is configured to be adjacent the traveling surface when positioned in the loading and unloading position thereby providing a restraint against forward vehicle tipping about the vehicle forward wheels (two main wheels 210; the lowest edge of footrests 100, closest to the ground when the in the vertical position shown in dashed line in Fig. 12).
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 9 is rejected under 35 U.S.C. 103 as being unpatentable over Fu-Chao.
Regarding claim 9, Fu-Chao discloses the wheeled vehicle (See Fig. 1) of Claim 6, but does not teach wherein the footboard is inclined rearward within the range of ten to thirty degrees when in the traveling position. However, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify Fu-Chao’s pedicab such that the footboard are inclined rearward between ten and thirty degrees, as design choice that would bring comfort to the rider.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 6,341,791 B1 to Cannon, Sr. Wheelchair and Bicycle Combination Assembly for pushing a wheelchair while riding a bike.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611