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 .
Claim Objections
Claims 28, 45, and 49 are objected to because of the following informalities:
Claim 28 depends from claim 20, which has been canceled. The Examiner assumes claim 28 is meant to be dependent on claim 24 and has been examined as such.
With respect to claim 45, “to bicycle computer” should be changed to --to a bicycle computer-.
Claims 49 and 50 depend from claim 48, which has been canceled. Also, in lines 2-3 of claim 49, “act as generator” should be changed to --act as a generator--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 24, 25, 32, 38, and 49 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claim 24 recites a third transmission; however, it is unclear if there are first and second transmission elements as well.
Claim 25 recites a fourth transmission; however, it is unclear if there are first, second, and third transmission elements as well.
Claims 32 and 38 recite the limitation "the second and/or third and/or fourth transmission" in lines 2 and 3, respectively. There is insufficient antecedent basis for this limitation in the claims.
Claim 32 recites a second transmission; however, it is unclear if there is a first transmission .element as well
Claims 49 and 50 recite the limitation "the user interface" in lines 1 and 2, respectively. There is insufficient antecedent basis for this limitation in the claims.
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.
Claim(s) 1-5, 13, 18, 22, 24, 28, 29, 38, 42, 45, 62, 77, and 84 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Van Den Brand et al. (WO2018/226095A1).
With respect to claim 1, Van Den Brand et al. disclose hybrid drive system for a bicycle comprising: a crank (31); an electric motor (33); a rear wheel hub shell (15); an intermediate drive part (5); a first connection (17, 19) connecting the crank to the intermediate drive part; and a second connection (35) connecting the electric motor (33) to the intermediate drive part; wherein the intermediate drive part (5) is connected or connectable to the rear wheel hub shell (15).
With respect to claim 2, comprising a first clutch (13) between the intermediate drive part (5) and the rear wheel hub shell (15) for in a first mode rotationally coupling the rear wheel hub shell to the intermediate drive part, and in a second mode rotationally decoupling the rear wheel hub shell from the intermediate drive part in at least one rotation direction (overrunning clutch decouples the hub shell in second mode where speed of hub rotates faster than sprocket 11).
With respect to claim 3, wherein the first clutch (13) is arranged for in the second mode rotationally decoupling the rear wheel hub shell (15) from the intermediate drive part (5) in at least the forward drive rotation direction (when the forward speed of the rear wheel is higher than the forward speed of sprocket 11, clutch 13 will decouple).
With respect to claim 4, wherein the first clutch is arranged for in the second mode rotationally decoupling the rear wheel hub shell from the intermediate drive part, such that there is no component that is driving the hub shell from the crank and/or the electric motor (due to operation of the overrunning bearing/clutch).
With respect to claim 5, wherein the first clutch is one or more of a form-closed clutch, an active form-closed clutch, an active freewheel clutch configured to be actively disengaged (overrunning bearing/clutch, or an active freewheel clutch configured to be actively disengaged by an electric actuator.
With respect to claim 13, wherein the electric motor (33) is configured to act as a motor for driving the wheel when the first clutch (13) in the first mode (Fig 1).
With respect to claim 18, wherein the electric motor (33) is positioned near the crank (31)(Fig 1).
With respect to claim 22, wherein the first connection is a first transmission (19).
With respect to claim 24, comprising a third transmission (9) between the intermediate drive part and the rear wheel hub shell.
With respect to claim 28, wherein the first clutch (13) is part of the third transmission (11)(Fig 1).
With respect to claim 29, comprising a torque sensor (29) between the crank (31) and the intermediate drive part (5)(Fig 1).
With respect to claim 38, wherein the intermediate drive part is formed by, or rigidly connected to, a planet carrier (PC) of a planetary gear set of the second and/or third and/or fourth transmission (Fig 2).
With respect to claim 42, comprising a controller configured to control electric power provided to the electric motor (page 8, lines 1-3) and/or configured to control electric load resistance provided to the electric motor acting as a generator.
With respect to claim 45, wherein the controller includes or is communicatively connectable to bicycle computer (page 5, lines 28-30).
With respect to claims 62 and 77, the apparatus is discussed above.
With respect to claim 84, the hybrid drive system is located on a bicycle rear wheel (Abstract and page 7, lines 16-21).
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.
Claims 9, 11, 49, 50, 52, 54, and 58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Den Brand in view of Tanaka et al. (EP1886913 B1).
Van Den Brand discloses the claimed invention discussed above but does not disclose wherein the electric motor is configured to act as a generator when the first clutch is in the second mode and wherein a user interface includes a control element for switching the electric motor to act as motor or to act as generator. Tanaka et al., however, disclose a bicycle having a user interface and an electric motor that is configured to act as a generator [0007], wherein the user interface includes a control element for setting a parameter representative of a value of an electric load resistance connected to the electric generator ([0007], parameters associated with a training program, desired heart rate, etc), and Tanaka et al. also disclose a heart rate sensor and a pedaling rate sensor to measure a pedaling rate and power of the rider [0007]. Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Van Den Brand in view of the teachings of Tanaka et al. to have a motor that can act as a generator in order to recapture energy that would have been otherwise wasted. It would have been obvious to have a user interface to perform the generating function, as user interfaces are old and well known in the art as a means for riders to perform desired functions. It also would have been obvious to have a heart rate sensor and pedaling rate/power sensors in order to provide a desired exercise or safety limit while using the bicycle.
Claims 25 and 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Van Den Brand in view of Bosch (DE102016217154A1).
With respect to claims 25 and 32, Van Den Brand discloses the claimed invention discussed above but does not disclose comprising a fourth transmission between the crank and the intermediate drive part. Bosch, however, disclose a fourth transmission (41) between a crank (8) and the intermediate drive part (35), wherein the fourth transmission comprises a planetary gear set with at least three rotational members (43, 44, 45). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Van Den Brand in view of the teachings of Bosch to have a fourth transmission in order to have advantages in gear range, mechanical efficiency, and power output.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW J BROWN whose telephone number is (571)272-1362. The examiner can normally be reached on Monday-Friday.
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DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3614