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
Claim 11 objected to because of the following informalities: lines 12-13 state “a second angular portion” but should be “a second angular position” to avoid antecedence issues with “the second angular position” in lines 15-16. Appropriate correction is required.
Claim 12 objected to because of the following informalities: lines 5-6 state “a second assist ratio” but should be “a second control mode” to avoid antecedence issues with “the second control mode” in line 9. Appropriate correction is required.
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 1-6, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hattori (US 11,097,805).
In re claim 1, Hattori discloses a drive system for an electric assisted bicycle (100), comprising: a sensor (torque sensor 41) that detects pedaling force acting on a pedal (2a) attached to a crankshaft (2); an electric motor (21) that assists a pedaling motion applied to the pedal; and a control device (30) that controls the electric motor based on an assist ratio according to a control mode and the pedaling force detected by the sensor (column 8, lines 10-16), wherein the control device includes, as the control mode, a first control mode for controlling the electric motor based on a first assist ratio (column 28, lines 56-62) and a second control mode for controlling the electric motor based on a second assist ratio (column 28, lines 56-62), when transitioning from the first control mode to the second control mode, the control device starts to change the assist ratio from the first assist ratio to the second assist ratio at a change start position between a first angular position (45 degrees before lowermost position as shown in Figure 5) and a second angular position (45 degrees after lowermost position as shown in Figure 5) (column 1, lines 59-65), and the control device changes the assist ratio such that the assist ratio reaches the second assist ratio at a change end position obtained by adding at least 45 degrees to the change start position (as shown in Figure 5).
Hattori does not disclose the first angular position being an angular position obtained by adding 90 degrees to an angular position of the crankshaft corresponding to an uppermost point on a trajectory of the pedal, and the second angular position being an angular position obtained by adding 135 degrees to the angular position of the crankshaft corresponding to the uppermost point.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to use 90 and 135 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges (when to change assist mode relative to pedal position) involves only routine skill in the art. In re Aller, 105 USPQ 233.
In re claim 2, Hattori discloses the drive system for the electric assisted bicycle according to claim 1, but does not disclose wherein an angular difference between the change start position and the change end position is equal to or less than 135 degrees. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use an angular distance equal to or less than 135 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In re claim 3, Hattori discloses the drive system for the electric assisted bicycle according to claim 1, but does not disclose wherein an angular difference between the change start position and the change end position is equal to or more than 60 degrees. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use an angular difference equal to or more than 60 degrees, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In re claim 4, Hattori discloses the drive system for the electric assisted bicycle according to claim 1, but does not disclose wherein the change end position is between an angular position obtained by adding 135 degrees to the uppermost point and an angular position obtained by adding 225 degrees to the uppermost point. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use a change end position between an angular position obtained by adding 135 degrees to the uppermost point and an angular position obtained by adding 225 degrees to the uppermost point, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In re claim 5, Hattori discloses the drive system for the electric assisted bicycle according to claim 1, but does not disclose wherein the change end position is an angular position obtained by adding an angle equal to or less than 270 degrees to the uppermost point. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use an angular position obtained by adding an angle equal to or less than 270 degrees to the uppermost point, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In re claim 6, Hattori discloses the drive system for the electric assisted bicycle according to claim 1, but does not disclose wherein the change end position is an angular position obtained by adding an angle equal to or less than 225 degrees to the uppermost point. It would have been obvious to one having ordinary skill in the art at the time the invention was made to use an angle equal to or less than 225 degrees to the uppermost point , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In re claim 10, Hattori discloses an electric assisted bicycle, comprising: the drive system according to claim 1; and a wheel (6) that receives an assist torque from the electric motor.
In re claim 11, as discussed above, Hattori discloses a control method for an electric assisted bicycle that controls an electric motor based on an assist ratio according to a control mode and pedaling force detected by a sensor and includes a first control mode and a second control mode as the control mode of the electric motor, the first control mode controlling the electric motor based on a first assist ratio, the second control mode controlling the electric motor based on a second assist ratio, comprising: starting to change the assist ratio, when transitioning from the first control mode to the second control mode, from the first assist ratio to the second assist ratio at a change start position between a first angular position and a second angular portion (“portion” is understood to be intended as “position” – correction is required), the first angular position being obtained by adding 90 degrees to an angular position of a crankshaft corresponding to an uppermost point of a trajectory of a pedal, and the second angular position being obtained by adding 135 degrees to the angular position of the crankshaft corresponding to the uppermost point; and changing the assist ratio such that the assist ratio reaches the second assist ratio at a change end position obtained by adding at least 45 degrees to the change start position.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hattori in view of Shahana (US 2021/0031872).
In re claim 7, Hattori discloses the drive system for the electric assisted bicycle according to claim 1, but does not disclose wherein when the pedal is located between the change start position and the change end position, the control device calculates the assist ratio such that the assist ratio gradually approaches the second assist ratio from the first assist ratio.
Shahana, however, does disclose a drive system for the electric assisted bicycle wherein the control device calculates the assist ratio such that the assist ratio gradually approaches the second assist ratio from the first assist ratio (controls motor to gradually increase the assist ratio, see [0080]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the control device of Hattori such that it comprised the gradual assist ratio increase of Shahana to advantageously provide the user with a slower transition to a greater assist ratio.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Hattori in view of Tsuchizawa (US 9,840,305).
In re claim 12, as discussed above, Hattori discloses a control device that controls an electric motor based on an assist ratio according to a control mode and pedaling force detected by a sensor and includes a first control mode and a second assist ratio (“assist radio” is understood to be intended as “control mode” – correction is required) as the control mode of the electric motor, the control device controlling, in the first control mode, the electric motor based on a first assist ratio, the control device controlling, in the second control mode, the electric motor based on a second assist ratio, the program causing the computer to: start to change the assist ratio, when transitioning from the first control mode to the second control mode, from the first assist ratio to the second assist ratio at a change start position between a first angular position and a second angular position, the first angular position being obtained by adding 90 degrees to an angular position of a crankshaft corresponding to an uppermost point of a trajectory of a pedal, the second angular position being an angular position obtained by adding 135 degrees to the angular position of the crankshaft corresponding to the uppermost point; and change the assist ratio such that the assist ratio reaches the second assist ratio at a change end position obtained by adding at least 45 degrees to the change start position.
Hattori does not specifically disclose wherein the control device comprises a non-transitory information storage medium storing a program causing a computer to function as the control device.
Tsuchizawa, however, does disclose wherein the control device comprises a non-transitory information storage medium storing a program causing a computer to function as the control device (column 12, line 67 – to column 13, line 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the control device of Hattori such that it comprised the non-transitory information storage medium of Tsuchizawa to advantageously control the electronic control mode changes.
Allowable Subject Matter
Claims 8-9 are 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 following is a statement of reasons for the indication of allowable subject matter: The specific limitations of “further comprising a sensor that detects an amount of change in the angular position of the crankshaft, wherein when the pedal is located between the change start position and the change end position, the control device calculates the assist ratio based on the amount of change in the angular position of the crankshaft” is not anticipated or made obvious by the prior art of record in the examiner’s opinion.
Hattori discloses a crank rotation sensor 45 to detect an angular position of the crank shaft 2, but does not teach calculating the assist ratio based on the amount of change in the angular position of the crankshaft.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references cited on the attached PTO-892 teach electric assisted bicycles of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael R Stabley whose telephone number is (571)270-3249. The examiner can normally be reached on M-F 9-5:30.
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/MICHAEL R STABLEY/Examiner, Art Unit 3611 /VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
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