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 .
Specification
The disclosure is objected to because of the following informalities: Applicant describes “low wear” shifting (e.g., in paragraphs 0003 and 0010) and “wear-free” shifting in paragraph 0006. Any shifting would be expected to cause some level of wear. It is therefore unclear whether the Applicant intended to recite “low wear” instead of “wear-free” (which does not appear to be enabling) in paragraph 0006. Appropriate correction is required.
Claim Interpretation
Claim 4 recites the phrase, “a maximum of 20% of the first motor torque or a maximum motor torque” is potentially unclear, as it ambiguously might convey:
a maximum of 20% of the first motor torque, or
a maximum of the motor’s maximum motor torque, or
20% of either the first motor torque or the maximum motor torque.
For Claim 4, the phrase above will be interpreted as, “a maximum of 20% of the first motor torque, or a maximum of the motor’s maximum motor torque” in view of paragraph 0010 of Applicant’s specification.
Claim 17 recites the phrase, “a maximum of 10% of the first motor torque or a maximum motor torque”, and will be interpreted as “a maximum of 10% of the first motor torque, or a maximum of the motor’s maximum motor torque” for similar reasons as claim 4, above.
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.
Claims 3, 4, 6, 13, 15, 17, and 19 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.
Claims 3 and 6 recite the limitation "the first motor torque". There is insufficient antecedent basis for this limitation in these claims.
Claim 13 recites the limitation "the gearshift" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claims 15 and 19 recite the limitation "the increased boost motor torque". There is insufficient antecedent basis for this limitation in these claims
Claims 4 and 17 are further rejected as depending from an indefinite parent claim (see above).
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.
Claims 1 – 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng (US 2013/0090819 A1).
Regarding claim 1, Cheng discloses [a method for operating a drive system 12, 16, 21, 31 of an electric bike 10] (paragraph 0006, “a power-assisted bicycle with a gear shift smoothening function”; paragraphs 0031 – 0034, disclose the drive system; Fig. 2 illustrates the electric bike), comprising:
[increasing a motor torque (“Assisted power”, P in Annotated Fig. 3, below) generated by a motor 14 of the electric bike 10 for a predetermined first time interval AT1;
reducing the motor torque immediately after the first time interval AT1 for a predetermined second time interval BT2] (Ann. Fig. 3; paragraph 0040); and
[changing a transmission ratio of a gearshift system 16, 31 of the drive system during the second time interval BT2] (Ann. Fig. 3 & paragraph 0037, BT2 comprises “an in-shifting time period T2”; paragraphs 0034, 0043).
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Regarding claims 2 and 16 Cheng discloses the method according to claim 1, wherein:
[the increasing of the motor torque P is performed such that the motor torque P is increased from a first motor torque (0% of P) to a boost motor torque (30% of P),
the boost motor torque corresponds to at least 120% of the first motor torque, and
Cheng further discloses the boost motor torque corresponds to at least 140% of the first motor torque] (paragraph 0048; Table 1; Ann. Fig. 3; the first motor torque equals 0% of P before AT1, as understood from Ann. Fig. 3, and the boost motor torque equals 30% of P; Ann. Fig. 3 illustrates increasing from the first motor torque to the boost motor torque corresponds to the boost motor torque being at least 120% of the first motor torque and also the boost motor torque being at least 140% of the first motor torque).
Regarding claims 3, 4, and 17 Cheng discloses the method according to claim 1, wherein:
[the reducing of the motor torque is performed such that the motor torque is reduced to a shifting motor torque P1] (paragraphs 0040, 0043, 0053; Annotated Fig. 5, below shows the shifting motor torque P1 equals 10% of P; Figs. 3 and 5 refer to the same embodiment as indicated in paragraph 0031),
[the shifting motor torque P1 is smaller than the first motor torque before the first time interval] (see 112(b) rejection for claims 3, 4, and 17 regarding the limitation “the first motor torque”; “the first motor torque” is understood as P before the first time interval AT1; Ann. Fig. 5, e.g., the first motor torque equals 50% of P; P1 is smaller than the first motor torque before the first time interval in Ann. Fig. 5), and
Cheng further discloses; [the shifting motor torque P1 is zero, or wherein the shifting motor torque P1 corresponds to a maximum of 20% of the first motor torque or a maximum motor torque, or wherein the shifting motor torque corresponds to a maximum of 10% of the first motor torque or a maximum motor torque] (Table 1 indicates that the maximum motor torque can, e.g., be 100% of P, thus P1 corresponds to a maximum of 20% of the maximum motor torque and P1 corresponds to a maximum of 10% of the maximum motor torque).
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Regarding claim 5, Cheng discloses the method according to claim 1, further comprising the following step: [a second increase of the motor torque after the second time interval] (e.g., the second increase of the motor torque from P1 to 50% of P after BT2 in Ann. Fig. 3).
Regarding claim 6, Cheng discloses the method according to claim 5, wherein [the second increase of the motor torque for a predetermined third time interval T3 is performed based on a value which is greater than the first motor torque before the first time interval] (see 112(b) rejection regarding the limitation “the first motor torque”; “the first motor torque” is understood as P before the first time interval; herein the first motor torque is understood as 0% of P; Ann. Fig. 3; e.g., the second increase of the motor torque for T3 is performed based on the value equal to P1 which is greater than the first motor torque, which is equal to 0% of P, before AT1).
Regarding claims 7 and 9, Cheng discloses the method according to claim 1, wherein [the first time interval is adapted depending on ascertained riding parameters and/or environmental parameters, and Cheng further discloses the riding parameters and/or environmental parameters comprise at least one of: instantaneous gradient, instantaneous acceleration, instantaneous or impending rider’s torque, instantaneous cadence, road characteristics, road course, and navigation data] (paragraphs 0007, 0035, 0037; paragraph 0035, specifically regarding the first time interval (i.e., “gearshift timing”) is adapted depending on ascertained riding parameters (e.g., at least one of “wheel speed”, “pedaling speed”, “pedaling force”) and/or environmental parameters (e.g., “slope”)).
Regarding claim 8, Cheng discloses the method according to claim 1, wherein [the increase of the motor torque during the first time interval is adapted depending on riding parameters and/or environmental parameters] (paragraph 0042, e.g., the motor torque during the first time interval is adapted depending on “slope”, which is understood as riding parameters and/or environmental parameters).
Regarding claim 10, Cheng discloses the method according to claim 1, further comprising [outputting an audible and/or visual indication of an imminent increase in motor torque] (paragraphs 0036, 0054).
Regarding claims 11 and 12, Cheng discloses the method according to claim 1, wherein [the changing of the transmission ratio of the gearshift system is performed by way of a controllably operable actuator 16, and Cheng further discloses
the actuator is actuated automatically by way of a control unit 31, and/or
the actuator is actuated in response to a manually generated shifting signal] (paragraph 0034).
Regarding claim 13, Cheng discloses the method according to claim 1, further comprising:
[recording and comparing shifting durations of the gearshift, and
ascertaining the functionality of the gearshift system based on the comparison of the shifting durations] (paragraph 0037).
Regarding Claim 14, Cheng discloses [an electric bike 10] (Fig. 2; paragraph 0031), comprising:
[a drive system 12, 16, 21, 31 having a gearshift system 16, 31;
a motor 14; and
a control unit 21 configured to actuate the gearshift system (Figs. 1 & 2; paragraphs 0031 – 0034), wherein
[the control unit is further configured to perform the method according to claim 1] (paragraphs 0037, 0040 – 0041; Table 1).
Regarding claims 15 and 19, Cheng discloses the electric bike according to claim 14, wherein the motor is configured to generate [a predetermined maximum motor torque in a normal riding mode] (paragraph 0049; Ann. Fig. 3; e.g., the predetermined maximum motor torque is equal to 0% of P and, e.g., the normal riding mode is a “non-assistant mode”), wherein [the increased boost motor torque during the first time interval AT1] (see 112(b) rejection for claims 15 and 19 regarding the limitation “the increased boost motor torque”; Ann. Fig. 3, “the increased boost motor torque” is understood as an increase in P from 0% to 30% during the first time interval AT1) [corresponds to at least 120% of the maximum motor torque, and wherein Cheng further discloses the increased boost motor torque during the first time interval corresponds to at least 150% of the maximum motor torque] (Ann. Fig. 3 illustrates the increased boost motor torque corresponds to at least 120% and 150% of the maximum motor torque).
Regarding claim 18, Cheng discloses the method according to claim 1, further comprising:
[recording and comparing shifting durations of the gearshift system during the second time interval, and
ascertaining the functionality of the gearshift system, including wear and/or a shifting setting, based on the comparison of the shifting durations] (paragraph 0037).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tyler Ferguson whose telephone number is (571)272-7374. The examiner can normally be reached M-F 8:00am - 5:00pm.
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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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/Tyler Ferguson/Examiner, Art Unit 3611 /VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
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