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 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.
Claim(s) 1-4 and 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lovley (US 2019/0143232). Lovley discloses an electric scooter (see figure 1) comprising:
a footboard (110,1110);
at least one driving wheel (130,1010,1130) that is coupled to the footboard (see figure 1), is arranged in a rear position;
at least one driven wheel (240,242) that is coupled to the footboard (see figure 1) and is arranged in a front position;
a handlebar (210) operatively coupled to the footboard to turn a front wheel (see figure 1);
an electric motor (400,1020) that is suitable for turning the driving wheel (see figures 2 and 6); and
a gearbox (300, see figure 2 and 1030 in figure 13) with two or more gear ratios (as it has multiple gears of different sizes, with more teeth than the smaller gears, hence it has gear ratios, as in multiple gear ratios) that is interposed between the electric motor (400) and the driving wheel (which is connected to the casing 132) to receive motion from the electric motor and transmit motion to the driving wheel (see Par. 0046).
Regarding claim 2, wherein: the electric motor (400) is arranged at a longitudinal distance, i.e. parallel to a direction of motion of the electric scooter when in use (see figures 2 and 3), different from zero from the driving wheel so that the electric motor is not coaxial with the driving wheel (see figures 2 and 3 as the motor and driving wheel are not coaxial); and a flexible transmission member (chain 510, see figure 6 or 1034 in figure 13) closed in a loop is provided, which transmits motion from the electric motor to the driving wheel.
Regarding claim 3, wherein the electric motor (1020) and the gearbox (1030) are coaxial with one another, a shaft (1022) of the electric motor is directly connected to an input (1032) of the gearbox, and an output (1036) of the gearbox is connected to the driving wheel by means of the flexible transmission member (1034).
Regarding claim 4, wherein the gearbox (member 1036 of the gearbox, see figure 13) and the driving wheel (1010) are coaxial with one another (see figure 13), a shaft (1022,410) of the electric motor is connected to an input (1032) of the gearbox via the flexible transmission member (1034), and an output (1036) of the gearbox is directly connected to the driving wheel (1010, see figure 13).
Regarding claim 6, a swingarm which at one end supports the driving wheel and at the opposite end is hinged to the footboard at a fulcrum arranged at a longitudinal distance, i.e. parallel to a direction of motion of the electric scooter when in use, different from zero from the electric motor so that the fulcrum is not coaxial with the electric motor.
Regarding claim 16, Lovley discloses an electric scooter (see figure 1) comprising:
a footboard (110,1110);
at least one driving wheel (130,1010,1130) that is coupled to the footboard (see figure 1), is arranged in a rear position;
at least one driven wheel (240,242) that is coupled to the footboard (see figure 1) and is arranged in a front position;
a handlebar (210) operatively coupled to the footboard to turn a front wheel (see figure 1);
an electric motor (400,1020) that is suitable for turning the driving wheel (see figures 2 and 6); and
a gearbox (300, see figure 2 and 1030 in figure 13) with two or more gear ratios (as it has multiple gears of different sizes, with more teeth than the smaller gears, hence it has gear ratios, as in multiple gear ratios) that is interposed between the electric motor (400) and the driving wheel (which is connected to the casing 132) to receive motion from the electric motor and transmit motion to the driving wheel (see Par. 0046).
wherein: the electric motor (400) is arranged at a longitudinal distance, i.e. parallel to a direction of motion of the electric scooter when in use (see figures 2 and 3), different from zero from the driving wheel so that the electric motor is not coaxial with the driving wheel (see figures 2 and 3 as the motor and driving wheel are not coaxial); and a flexible transmission member (chain 510, see figure 6 or 1034 in figure 13) closed in a loop is provided, which transmits motion from the electric motor to the driving wheel.
Regarding claim 17, wherein the electric motor (1020) and the gearbox (1030) are coaxial with one another, a shaft (1022) of the electric motor is directly connected to an input (1032) of the gearbox, and an output (1036) of the gearbox is connected to the driving wheel by means of the flexible transmission member (1034).
Regarding claim 18, wherein the gearbox (member 1036 of the gearbox, see figure 13) and the driving wheel (1010) are coaxial with one another (see figure 13), a shaft (1022,410) of the electric motor is connected to an input (1032) of the gearbox via the flexible transmission member (1034), and an output (1036) of the gearbox is directly connected to the driving wheel (1010, see figure 13).
Claim(s) 1,5,7 and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marioni (US 9381970). Marioni discloses an electric scooter (see figure 1) comprising:
a footboard (9);
at least one driving wheel (13) that is coupled to the footboard, is arranged in a rear position (see figure 1);
at least one driven wheel (12) that is coupled to the footboard and is arranged in a front position;
a handlebar (4) operatively coupled to the footboard to turn a front wheel;
an electric motor (30,50) that is suitable for turning the driving wheel; and
a gearbox (11,22,31,24,26,57,53,59,60, see figures 11 to 13) with two or more gear ratios that is interposed between the electric motor and the driving wheel ( as the ratios are created by the pulleys 22 and 31, see Col. 6 lines 38-58, wherein the transmission appears to CVT type or variation) to receive motion from the electric motor and transmit motion to the driving wheel.
Regarding claim 5, a swingarm (see figure 12 and 14) which at one end supports the driving wheel (13, see figure 14) and at the opposite end is hinged to the footboard (9) at a fulcrum coaxial with the electric motor (see figures 1,12 and 14).
Regarding claim 7, a swingarm is provided, which at one end supports the driving wheel and at the opposite end is hinged to the footboard at a fulcrum (see figures 12 and 14); and the electric motor is attached to the footboard (through the fulcrum or pivot point, see figures 12 and 14).
Regarding claim 8, a swingarm is provided, which at one end supports the driving wheel and at the opposite end is hinged to the footboard at a fulcrum (pivot point, see figures 12 and 14); and the electric motor (30,50) is attached to the swingarm (see figures 12 and 14).
Claim(s) 1,6, 9-12,15 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshino (US 2013/0288841). Yoshino discloses an electric scooter (see figure 1) comprising:
a footboard (16);
at least one driving wheel (WR) that is coupled to the footboard, is arranged in a rear position; at least one driven wheel (WF) that is coupled to the footboard and is arranged in a front position;
a handlebar (10) operatively coupled to the footboard to turn a front wheel;
an electric motor (40) that is suitable for turning the driving wheel; and
a gearbox (56,57,55,67,71, see figures 4 and 5) with two or more gear ratios (as the planetary gear system can create different gear ratios, see figures 4 and 5) that is interposed between the electric motor and the driving wheel to receive motion from the electric motor and transmit motion to the driving wheel.
Regarding claim 6, a swingarm (22) which at one end supports the driving wheel and at the opposite end is hinged to the footboard at a fulcrum (85, pivot point of the swingarm) arranged at a longitudinal distance (see figure 1), i.e. parallel to a direction of motion of the electric scooter when in use, different from zero from the electric motor so that the fulcrum is not coaxial with the electric motor (see figures 1 and 2 as the motor 40 is on the rear wheel).
Regarding claim 9, wherein the electric motor (40), the gearbox (56,57,55,67,71, see figures 4 and 5) and the driving wheel are all coaxial with one another, a shaft of the electric motor is directly connected to an input of the gearbox, and an output of the gearbox is directly connected to the driving wheel (see figure 2).
Regarding claim 10, wherein the driving wheel comprises a rim (35) defining an enclosed container (33,38, see figure 2), within which the electric motor and the gearbox are arranged side by side (see figure 2).
Regarding claim 11, wherein the gearbox comprises a control device (planetary gear device) configured to automatically select a gear ratio according to one or more parameters (see Par. 0040 and 0047).
Regarding claim 12, wherein the control device (planetary gear device) is configured to arrange the gearbox in a shorter gear ratio at the start and to automatically select a gear ratio according to one or more of the parameters (see Par. 0066 to 0068).
Regarding claim 15, wherein the gearbox is of the planetary type (see figure 4).
Regarding claim 19, Yoshino discloses an electric scooter (see figure 1) comprising:
a footboard (16);
at least one driving wheel (WR) that is coupled to the footboard, is arranged in a rear position; at least one driven wheel (WF) that is coupled to the footboard and is arranged in a front position;
a handlebar (10) operatively coupled to the footboard to turn a front wheel;
an electric motor (40) that is suitable for turning the driving wheel; and
a gearbox (56,57,55,67,71, see figures 4 and 5) with two or more gear ratios (as the planetary gear system can create different gear ratios, see figures 4 and 5) that is interposed between the electric motor and the driving wheel to receive motion from the electric motor and transmit motion to the driving wheel. wherein the electric motor (40), the gearbox (56,57,55,67,71, see figures 4 and 5) and the driving wheel are all coaxial with one another, a shaft of the electric motor is directly connected to an input of the gearbox, and an output of the gearbox is directly connected to the driving wheel (see figure 2).
Regarding claim 20, wherein the driving wheel comprises a rim (35) defining an enclosed container (33,38, see figure 2), within which the electric motor and the gearbox are arranged side by side (see figure 2).
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.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino in view of Champoux (US 2021/0171144). Yoshino does not mention a manual control/throttle. However, Champoux discloses an electric scooter with a throttle (24). It would have been obvious for one of ordinary skill in the art to modify Yoshino by adding a manual control/throttle in order to change the speed of the scooter and thereby alter the gear ratios by accelerating.
Allowable Subject Matter
Claim 13 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The art of record failed to include parameters which included a value of torque delivered by the motor and a value of electric current drawn by the electric motor and coordinates of the scooter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marlon A Arce whose telephone number is (571)272-1341. The examiner can normally be reached 8AM - 4:30PM.
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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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/MARLON A ARCE/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611