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.
Claim 13 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 pre-AIA the applicant regards as the invention.
Regarding claim 13, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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) 1-3, 7-9, and 14-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (KR102199963 B1).
With respect to claim 1, Lee et al. disclose a scooter comprising a platform (100) with a guiding structure (71) associated therewith, the platform being mounted on wheels (60) and having a support surface suitable for supporting at least one foot of a user (Fig 1), the platform having associated thereto a kickstand device (300), wherein the kickstand device has a kickstand body (legs of 300), which includes at least one supporting element (lower end of legs 300) and has an upper end portion and at least one lower end portion, the kickstand body (legs of 300) being articulated in an intermediate area thereof to the platform (at 340), to perform angular movements about a respective rotation axis extending transversely with respect to a direction of longitudinal extension of the platform (Figs 2-3), wherein at least one elastic element (spring 210) is operatively set between the kickstand body (legs of 300) and the platform (through 200) configured for urging the kickstand body to assume a respective operative lowered position (Fig 2), in which a lower end part of the at least one supporting element is designed to contact the ground, and wherein the upper end portion of the kickstand body defines or has associated thereto an operable element (200), configured so as to extend at least partially above the supporting surface of the platform (Figs 1-3), and suitable for being pressed by the aforementioned foot of the user, in such a way that the kickstand body is brought to assume a respective inoperative raised position (Fig 3), against the action of the at least one elastic element (Figs 2-3), in which the lower end part of the at least one supporting element is raised with respect to the ground (Fig 3)([0025] of attached translation).
With respect to claim 2, wherein the operable element extends substantially transversally with respect to the direction of longitudinal extension of the platform (Figs 1-3).
With respect to claim 3, wherein; the kickstand device comprises at least one pivot (340) for hinging the kickstand body (legs of 300), or the at least one supporting element, to the platform (Fig 9, shaft 340 must penetrate platform 100).
With respect to claim 7, wherein at least one supporting element of the kickstand body includes one first said supporting element and one second said supporting element, each articulated in a respective intermediate area to the platform (Figs 2-3), the first supporting element and the second supporting element having respective upper end parts connected together via the operable element (via 200).
With respect to claim 8, wherein the at least one elastic element comprises one first elastic element and one second elastic element, which are configured for urging the first supporting element and the second supporting element, respectively, to assume a respective lowered position (Figs 2-3).
With respect to claim 9, wherein the first supporting element and the second supporting element are hinged to the platform, in the respective intermediate area, via one and the same pivot (340)(Figs 2, 3, and 9).
With respect to claim 14, wherein the kickstand body is configured as a first-class lever (Figs 1-3).
With respect to claim 15, wherein the at least one elastic element is a spring ([0025] of attached translation).
With respect to claim 16, wherein the operable element extends in a direction substantially parallel to the rotation axis of the kickstand body (Figs 2-3).
With respect to claim 17, wherein the at least one pivot is at a longitudinal flank of the platform or at a through-opening of the platform (Figs 2, 3, and 9; pivot would have to extend through platform as shown in Fig 9).
With respect to claim 18, wherein the first supporting element and the second supporting element are each articulated at a respective longitudinal flank of the platform (Figs 1-3).
With respect to claim 19, wherein the one and the same pivot extends through the platform in a transverse direction with respect to the direction of longitudinal extension of the platform (Fig 9 discloses that the pivot may extend through platform).
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 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. in view of Neerman (MA 38468 A).
With respect to claim 5, Lee et al. disclose the claimed invention discussed above but do not disclose wherein the lower end portion of the at least one supporting element comprises a wheel, which is rotatable about an axis which is substantially parallel to the rotation axis of the kickstand body. Neerman, however, disclose a kickstand that has a wheel (21) at the lower end portion. Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Lee et al. in view of the teachings of Neerman to have a wheel at the end in order to allow the scooter to still move but provide additional balance and stability.
Allowable Subject Matter
Claims 4, 6, 10-12, and 20 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.
Claim 13 would be allowable if rewritten 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 and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW J BROWN whose telephone number is (571)272-1362. The examiner can normally be reached on Monday-Friday.
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DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3614