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 .
Application Status
This Final action is in response to applicant’s amendment of 07/30/2025. Claims 1-11, 13-19, and 21 are examined and pending. Claims 1, 7, 11, and 13-19 are currently amended, claims 12 and 20 are cancelled, and claim 21 is new.
Response to Arguments
Applicant’s amendment/arguments, with respect to the claim rejection under double patenting as set forth in the Office Action have been fully considered and are persuasive since a terminal disclaimer has been filed. As such the rejection of the claims under double patenting is maintained.
Applicant’s amendments/arguments with respect to the rejection under 35 USC 112(b) as set forth in the Office Action have been fully considered and are persuasive. As such, the rejection as previously presented has been withdrawn.
Applicant’s arguments with respect to the rejection under 35 U.S.C. § 102/103 have been fully considered but are moot because the new ground of rejection does not rely on any reference(s) applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant’s amendments/arguments with respect to the rejection under 35 USC 101 as being directed to an abstract idea without significantly more have been carefully considered and are persuasive. As such, the rejection as previously presented has been withdrawn.
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 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.
Claims 1-6, 8-10, 13-19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Whitt et al (US 20190376802 A1) in view of Lyle et al (US 11015952 B1) in view of Abdulla et al (US 20210302174 A1).
With respect to claim 1, Whitt discloses a system for matching a user device to an electric transport device (see at least [abstract]), the system comprising: a plurality of electric transport devices configured for a user to ride on, comprising a first type of electric transport device (see at least [0025], [0034], and [Figs. 10 and 14]), and comprising a second type of electric transport device configured differently than the first type of electric transport device (see at least [0025], [0034], and [Figs. 10 and 14]); a service provider deploying and tracking the plurality of electric transport devices (see at least [0034] and [0065]), the service provider including at least one processor configured to: receive a request, from the user device, to initiate a ride of an electric transport device (see at least [0023], [0032], [0034-0036], and [0090-0091]); receive, from the user device, information regarding user physical characteristics collected via user input to the user device (see at least [0041] and [0098]); determine a match of the user physical characteristics to a corresponding type of electric transport device by comparing the user physical characteristics received from the user device to physical characteristics assigned to the first type of electric transport device and physical characteristics assigned to the second type of electric transport device (see at least [0032-0035], [0041], [0081], and [0098], Whitt discloses receiving user data with request wherein the user data includes an ability of the user to interact with the mobility device (electric transport)), select an individual electric transport device from among a collection of the corresponding type of electric transport device based on the match (see at least [0041] and [0098], Whitt discloses matching (selecting) a PMV other than scooters since the user may be unable to interact with scooters); and pair the selected individual electric transport device to the user device (see at least [0032-0037], [0041], and [0046-0060]).
However, Whitt do not specifically disclose wherein the information regarding the user's physical characteristics comprises a user's weight; and wherein determining a match of the user's weight to a corresponding type of electric transport device includes selecting a type of electric transport device having an appropriate scale and robustness for the weight of the user.
Lyle teaches wherein the information regarding the user's physical characteristics comprises a user's weight (see at least [Col.5 line 54-Col. 6 line 37] and [Col. 7 lines 42-57], “The server 102 may determine the health information of the user using the user's profile information in order to determine an optimal mode of transportation for a user to travel from the start location to the destination location. The server 102 may retrieve the user profile information from the database 108 or receive the health information of the user from one or more external computing devices via a network 110. The user profile information stored in the database 108 may include information related to a user, for example, fitness history, medical history, and body information such as blood pressure, electrocardiogram, heart rate, weight, height…”); and wherein determining a match of the user's weight to a corresponding type of electric transport device includes selecting a type of electric transport device having an appropriate scale and robustness for the weight of the user (see at least [Col.5 line 54-Col. 6 line 37] and [Col. 7 lines 42-57], “The server 102 may determine the health information of the user using the user's profile information in order to determine an optimal mode of transportation for a user to travel from the start location to the destination location. The server 102 may retrieve the user profile information from the database 108 or receive the health information of the user from one or more external computing devices via a network 110. The user profile information stored in the database 108 may include information related to a user, for example, fitness history, medical history, and body information such as blood pressure, electrocardiogram, heart rate, weight, height…”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt to incorporate the teachings of Lyle wherein the information regarding the user's physical characteristics comprises a user's weight; and wherein determining a match of the user's weight to a corresponding type of electric transport device includes selecting a type of electric transport device having an appropriate scale and robustness for the weight of the user. This would be done to increase convenience of a user by improving efficiency of ride sharing and flexibility of operation (see Lyle Col. 1 lines 42-59).
Moreover, Whitt as modified by Lyle do not specifically teach wherein the user device is configured to control one or more operating systems of the selected individual electric transport device.
Abdulla teaches wherein the user device is configured to control one or more operating systems of the selected individual electric transport device (see at least [0136]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt to incorporate the teachings of Abdulla wherein the user device is configured to control one or more operating systems of the selected individual electric transport device. This would be done to increase convenience of a user by improving efficiency of ride sharing and flexibility of operation (see Abdulla para 0030).
With respect to claim 2, Whitt discloses wherein the processor is further configured to identify a set of available electric transport devices present in a predetermined area based on proximity to the user (see at least [0029], [0060], [0063], [0066], and [0074]).
However, Whitt as modified by Lyle do not specifically disclose using an electronic map provided on a display of a mobile device of the user to identify a set of available electric transport devices present in a predetermined area based on proximity to the user.
Abdulla teaches using an electronic map provided on a display of a mobile device of the user to identify a set of available electric transport devices present in a predetermined area based on proximity to the user (see at least [0082], [0131], and [0196]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt as modified by Lyle to incorporate the teachings of Abdulla of using an electronic map provided on a display of a mobile device of the user to identify a set of available electric transport devices present in a predetermined area based on proximity to the user. As both inventions are related to improving a user’s selection of a transportation vehicle for transportation requests. This would be done to increase convenience of a user by improving efficiency of ride sharing and flexibility of operation (see Abdulla para 0030).
With respect to claim 3, Whitt discloses wherein the processor is further configured to receive information regarding a user’s preferences to match the user with a type of electric transport device based on the user’s physical characteristics and preferences (see at least [0041], [0056], [0075], [0081], [0092], and [0098]).
With respect to claim 4, Whitt discloses wherein the processor is further configured to receive information regarding a user’s riding experience to match the user with a type of electric transport device based on the user’s physical characteristics, preferences, and riding experience (see at least [0041], [0056], [0075], and [0091]).
With respect to claim 5, Whitt discloses wherein the processor is further configured to receive information regarding a user’s riding experience to match the user with a type of electric transport device based on the user’s physical characteristics and riding experience (see at least [0041], [0056], [0075], and [0091]).
With respect to claim 6, Whitt discloses wherein the service provider enables an individual electric transport device of the type matched with the user’s physical characteristics to be reserved for a future date and time for the user (see at least [0042] and [0063]).
With respect to claim 8, Whitt discloses wherein the information regarding the user’s physical characteristics comprises a limited range of motion (see at least [0041], Whitt discloses the matching of the mobility device is based the interaction (limited range of motion) of a user with the PMV.).
With respect to claim 9, Whitt discloses wherein the information regarding the user’s physical characteristics comprises a requirement to be seated while riding (see at least [0041] and [0056-0057], Whitt discloses preferring a bike over scooter based on their physical characteristics, as such under the broadest reasonable interpretation a user may prefer the bike for seating requirement.).
With respect to claim 10, Whit do not specifically disclose wherein the information regarding the user’s physical characteristics is uploaded from a health monitoring app.
Lyla teaches wherein the information regarding the user’s physical characteristics is uploaded from a health monitoring app (see at least [Col. 6 lines 14-20] and [Col. 7 lines 27-57]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt as modified by Abdulla to incorporate the teachings of Lyle wherein the information regarding the user’s physical characteristics is uploaded from a health monitoring app. This would be done to increase convenience of a user by improving efficiency of ride sharing and flexibility of operation (see Lyle Col. 1 lines 42-59).
With respect to claim 17, Whitt discloses a method for matching a user device to an electric transport device from among a plurality of types of electric transport devices (see at least [abstract]), the method comprising: receiving a request from a user to initiate a ride (see at least [0023], [0032], [0034-0036], and [0090-0091]); receiving, from the user device, information regarding the user’s physical characteristics collected as input to the user device (see at least [0041], [0056], [0075], [0081], [0092], and [0098]); and determining a match of the user’s physical characteristics to a corresponding type of electric transport device, wherein the corresponding type of electric transport device is selected from among a first type of electric transport device and the second type of electric transport device (see at least [0032-0035], [0041], [0056], [0075], [0081], [0092], and [0098]); selecting an individual electric transport device from among a collection of the corresponding type of electric transport device based on the match (see at least [0032-0037], [0041], and [0046-0060]); and pairing the selected individual electric transport device to the user device (see at least [0032-0037], [0041], and [0046-0060]).
However, Whitt do not specifically disclose wherein the step of receiving information regarding the user's physical characteristics includes automatic collection of information from a health tracking app without user input.
Lyle teaches wherein the step of receiving information regarding the user's physical characteristics includes automatic collection of information from a health tracking app without user input (see at least [Col.5 line 54-Col. 6 line 37] and [Col. 7 lines 42-57], “The server 102 may determine the health information of the user using the user's profile information in order to determine an optimal mode of transportation for a user to travel from the start location to the destination location. The server 102 may retrieve the user profile information from the database 108 or receive the health information of the user from one or more external computing devices via a network 110. The user profile information stored in the database 108 may include information related to a user, for example, fitness history, medical history, and body information such as blood pressure, electrocardiogram, heart rate, weight, height…”).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt to incorporate the teachings of Lyle wherein the step of receiving information regarding the user's physical characteristics includes automatic collection of information from a health tracking app without user input. This would be done to increase convenience of a user by improving efficiency of ride sharing and flexibility of operation (see Lyle Col. 1 lines 42-59).
Moreover, Whitt as modified by Lyle do not specifically teach the user device controlling one or more operating systems of the selected individual electric transport device
Abdulla teaches the user device controlling one or more operating systems of the selected individual electric transport device (see at least [0136]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt to incorporate the teachings of Abdulla the user device controlling one or more operating systems of the selected individual electric transport device. This would be done to increase convenience of a user by improving efficiency of ride sharing and flexibility of operation (see Abdulla para 0030).
With respect to claim 18, Whitt discloses a step of receiving information regarding the user’s riding preferences of the user; wherein the step of determining a match includes the user's riding preferences as a factor in selection of a type of device (see at least [0032-0035], [0041], [0056], [0075], [0081], [0092], and [0098]).
With respect to claim 19, Whitt discloses a step of receiving information regarding riding experience of the user; wherein the step of determining a match includes the user's riding experience as a factor in selection of a type of device (see at least [0032-0035], [0041], [0056], [0075], [0081], [0092], and [0098]).
With respect to claim 21, Whitt discloses wherein the user's riding preferences include whether the rider prefers to ride the device in a seated or standing position (see at least [0041], Whitt discloses preference of users which could be bikes (seated) over scooters (standing position).).
Claims 11 and 13-16 are rejected under 35 U.S.C. 103 as being unpatentable over Whitt et al (US 20190376802 A1) in view of Ha et al (US 20210237685 A1) in view of Abdulla et al (US 20210302174 A1).
With respect to claim 11,Whitt discloses a system for matching a user device to an electric transport device (see at least [abstract]), the system comprising: a plurality of electric transport devices (see at least [0025], [0034], and [Figs. 10 and 14]), and [Figs. 10 and 14]); a service provider deploying and tracking the plurality of electric transport devices (see at least [0034] and [0065]), the service provider including at least one processor configured to: receive a request to initiate a ride of an electric transport device (see at least [0023], [0032], [0034-0036], and [0090-0091]); receive, from the user device, information regarding a user’s physical characteristics collected via user input to the user device (see at least [0041], [0056], [0075], [0081], [0092], and [0098]); receive, from the user device, input regarding a user’s preferences collected via user input to the user device (see at least [0041], [0056], [0075], [0081], [0092], and [0098]); determine a match of the user’s physical characteristics and preferences to a corresponding type of electric scooter by comparing the user’s physical characteristics and preferences received from the user device to physical characteristics and preferences assigned to the first type of electric scooter and physical characteristics and preferences assigned to the second type of electric scooter (see at least [0032-0035], [0041], [0056], [0075], [0081], [0092], and [0098]); select an individual electric scooter from among a collection of the corresponding type of scooter based on the match (see at least [0041] and [0098], Whitt discloses matching (selecting) a PMV other than scooters since the user may be unable to interact with scooters); and pair the selected individual electric scooter to the user device (see at least [0032-0037], [0041], and [0046-0060]).
Whitt do not specifically disclose wherein the electric transport devices comprises a first type of electric scooter with a low step-through and a second type of electric scooter with a low step-through, but configured differently from the first type of electric scooter; wherein the configuration difference between the first type of electric scooter and the second type of electric scooter is that one is configured for standup riding and the other is configured with a seat for seated riding; and wherein the collected user's preferences include an indication as to whether the user prefers a scooter with a seat or a scooter without a seat.
Ha teaches wherein the electric transport devices comprises a first type of electric scooter with a low step-through (see at least [0066] and [Figs. 5A-5B]) and a second type of electric scooter with a low step-through, but configured differently from the first type of electric scooter (see at least [0066] and [Figs. 5A-5B]); wherein the configuration difference between the first type of electric scooter and the second type of electric scooter is that one is configured for standup riding and the other is configured with a seat for seated riding; and wherein the collected user's preferences include an indication as to whether the user prefers a scooter with a seat or a scooter without a seat (see at least [0066] and [Figs. 5A-5B]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt to incorporate the teachings of Ha wherein the electric transport devices comprises a first type of electric scooter with a low step-through and a second type of electric scooter with a low step-through, but configured differently from the first type of electric scooter; wherein the configuration difference between the first type of electric scooter and the second type of electric scooter is that one is configured for standup riding and the other is configured with a seat for seated riding; and wherein the collected user's preferences include an indication as to whether the user prefers a scooter with a seat or a scooter without a seat. This would be done to account for the legal and other constraints on using a personal mobility on a real road (see Ha paragraph 0004).
Moreover, Whitt as modified by Ha do not specifically teach wherein the user device is configured to control one or more operating systems of the selected individual electric scooter.
Abdulla teaches wherein the user device is configured to control one or more operating systems of the selected individual electric transport device (see at least [0136]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt to incorporate the teachings of Abdulla wherein the user device is configured to control one or more operating systems of the selected individual electric transport device. This would be done to increase convenience of a user by improving efficiency of ride sharing and flexibility of operation (see Abdulla para 0030).
With respect to claim 13, Whitt discloses wherein the processor is further configured to identify a set of available electric transport devices present in a predetermined area based on proximity to the user (see at least [0029], [0060], [0063], [0066], and [0074]).
However, Whitt as modified by Ha do not specifically disclose using an electronic map provided on a display of a mobile device of the user to identify a set of available electric transport devices present in a predetermined area based on proximity to the user.
Abdulla teaches using an electronic map provided on a display of a mobile device of the user to identify a set of available electric transport devices present in a predetermined area based on proximity to the user (see at least [0082], [0131], and [0196]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt as modified by Ha to incorporate the teachings of Abdulla of using an electronic map provided on a display of a mobile device of the user to identify a set of available electric transport devices present in a predetermined area based on proximity to the user. As both inventions are related to improving a user’s selection of a transportation vehicle for transportation requests. This would be done to increase convenience of a user by improving efficiency of ride sharing and flexibility of operation (see Abdulla para 0030).
With respect to claim 14, Whitt as modified by Ha do not specifically teach wherein the configuration difference between the first type of electric scooter and the second type of electric scooter further includes the number of wheels.
Ha teaches wherein the configuration difference between the first type of electric scooter and the second type of electric scooter further includes the number of wheels (see at least [0066] and [Figs. 5A-5B]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt to incorporate the teachings of Ha wherein the configuration difference between the first type of electric scooter and the second type of electric scooter further includes the number of wheels. This would be done to account for the legal and other constraints on using a personal mobility on a real road (see Ha paragraph 0004).
With respect to claim 15, Whitt do not specifically disclose wherein the first type of electric scooter has two wheels and the second type of electric scooter has three wheels.
Ha teaches wherein the first type of electric scooter has two wheels and the second type of electric scooter has three wheels (see at least [0066] and [Figs. 5A-5B]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt to incorporate the teachings of Ha wherein the first type of electric scooter has two wheels and the second type of electric scooter has three wheels. This would be done to account for the legal and other constraints on using a personal mobility on a real road (see Ha paragraph 0004).
With respect to claim 16, Whitt discloses wherein the configuration difference between the first type of electric scooter and the second type of electric scooter further includes a stowage area (see at least [0020] and [0041]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Whitt et al (US 20190376802 A1) in view of Lyle et al (US 11015952 B1) in view of Abdulla et al (US 20210302174 A1).
With respect to claim 7, Whitt do not specifically disclose wherein the information regarding the user’s physical characteristics comprises a user’s height.
Lyle teaches wherein the information regarding the user’s physical characteristics comprises a user’s height (see at least [Col. 6 lines 14-20] and [Col. 7 lines 27-57]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt to incorporate the teachings of Lyle wherein the information regarding the user’s physical characteristics comprises a user’s height. This would be done to increase convenience of a user by improving efficiency of ride sharing and flexibility of operation (see Lyle Col. 1 lines 42-59).
Furthermore, Whitt as modified by Lyle do not specifically teach wherein at least one of the types of electric transport devices includes adjustable-height handlebars to accommodate users whose height is taller or shorter than average for their weight.
Ying Ting teaches wherein at least one of the types of electric transport devices includes adjustable-height handlebars to accommodate users whose height is taller or shorter than average for their weight (see at least [0007], [0009], and [0021]).
It would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have modified Whitt as modified by Lyle to incorporate the teachings of Ying Ting wherein at least one of the types of electric transport devices includes adjustable-height handlebars to accommodate users whose height is taller or shorter than average for their weight. This would be done to make it easy for users at different heights to use the scooter (see Ying Ting paragraph 0005).
Conclusion
Applicant’s amendment necessitated the new ground of rejection presented in the office action. Accordingly, 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 extension fee 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.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ABDALLA A KHALED whose telephone number is (571)272-9174. The examiner can normally be reached on Monday-Thursday 8:00 Am-5:00, every other Friday 8:00A-5:00AM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Faris Almatrahi can be reached on (313) 446-4821. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ABDALLA A KHALED/Examiner, Art Unit 3667
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