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 § 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 1 – 6 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1, line 12, recites the limitation “a pair of foldable front wheel and rear wheel” which is indefinite. It is unclear how many front and rear wheels there are. Are there two front wheels and two rear wheels on only one front wheel and one rear wheel? The ambiguity is further magnified by the fact that the phrase “a pair of” is used inconsistently throughout the claims, sometimes followed by a singular element (e.g. “pair of … wheel” in claims 1 and 6) and in other cases by a plural element (“pair of … pedals”, “pair of … handlebars” in claims 1 and 6). Note the limitation “front wheel and rear wheel” is used throughout claim 1.
Claim 1 recites the limitation "foldable handle" in lines 18 – 19. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 includes the indefinite limitation “a pair of foldable front wheel and rear wheel”.
Claim 1, lines 1 – 2, recites the limitation “A small electric scooter, which is allowed to be arranged in a storage space in a hood of an electric vehicle” which is indefinite. It is unclear what is meant by “allowed to be arranged”. The claim is also undefined, since electric vehicles vary in their hood sizes, and ambiguous if the “allowed” limitation presupposes a subjective entity/person, as an undefined adjudicator/determinant who might ascertain what is allowed/permitted to be arranged as opposed to what is not allowed/permitted to be arranged.
Claims 2 – 6 depend from claim 1, and therefore, are rejected for the same reasons as that of claim 1.
Allowable Subject Matter
Claims 1 – 6 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Regarding claim 1, Chinese patent document number CN 102285414 A to Fang discloses a small electric scooter (See Fig. 1), which is capable of being arranged in a storage space in a hood of an electric vehicle, comprising:
a small electric vehicle body (vehicle body, Paragraph [0009], Fig. 2), which comprises a rectangular frame, a left outer plate and a right outer plate respectively (left and right frame cover 37, Fig. 1) provided on the left and right sides of the rectangular frame, a battery compartment (the left and right sides of the vehicle frame, Fig. 2) provided on each of the two sides of the rectangular frame near the left outer plate and the right outer plate, and a battery (battery pack and charger 49) placed in each of the battery compartments;
a pair of foldable front wheel (front wheel 17) and rear wheel (rear wheel 28), arranged in the rectangular frame at intervals front and rear respectively, wherein the front wheel and rear wheel are capable of unfolding downwards to the outside of the rectangular frame or being folded to the inside of the rectangular frame;
at least one mobile power socket (charging interface, Claim 1);
a seat set (seat assembly 6),
a pair of handlebars (handlebar assembly 1), arranged in the rectangular frame near the front side, and
a pair of front pedals (pedal 52) respectively arranged at the bottom of the rectangular frame, which are capable of being unfolded out toward the outside and folded to the inside,
However, Fang does not disclose the at least one mobile power socket, installed in the rectangular frame and located in front of the battery compartment on one side thereof and electrically connected with the battery of the battery compartment for use as a mobile power supply. Instead, the charging interface of Fang is on an upper face of the cover (Claim 1).
Furthermore, Fang also does not disclose the seat set comprises a liftable seat and a folding handle, wherein the seat is arranged in the rectangular frame near the rear and above the rear wheel, wherein the foldable handle is arranged adjacent to the bottom of the seat, wherein the rise and fall of the seat is capable of being controlled by pulling the foldable handle;
wherein the pair of handlebars are capable of being folded into the rectangular frame after being rotated and retracted inward; and
and a pair of rear pedals, wherein the front pedals and the rear pedals are folded and located under the front wheel and the rear wheel for locking the front wheel and the rear wheel.
Claims 2 – 6 depend from independent claim 1, and therefore, would also be allowable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2013/0048401 A1 to Kim Vehicle Frame and Component Design for Efficient and Compact Packaging
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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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611