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 .
Status of the Claims
Applicant’s amendment filed 1/10/26 (hereinafter Response) has been entered. Examiner notes that claims 1 and 3 have been amended, claims 10-16 have been cancelled, and claim 18 is new. Claims 1-9 and 17-18 remain pending in the application.
Claim Objections
Claim 17 is objected to because of the following informalities:
Regarding claim 17: “the electric balance bike of claim 10” should be and is interpreted as “The electric balance bike of claim [[10]1”
Regarding claim 18: “informing the users” should be and is interpreted as “informing [[the]] users”
Appropriate correction is required.
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 1-9 and 17-18 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.
Regarding claim 1, the phrase “wherein the electric balance bikecontroller further comprises a power abnormality response system”.
Regarding claims 4 and 17, the phrase “a buzzer” renders the claim indefinite because it lacks clear antecedent basis. Specifically, “a buzzer” lacks clear antecedent basis because claim 1, which claims 4 and 17 depend from also introduce “a buzzer”. Therefore it is unclear if the buzzer recited in claims 4 and 17 are intended to be additional buzzers or referring back to the previously introduced buzzer.
Any claim not specifically addressed under 112(b) is rejected as being dependent on a claim rejected under 112(b).
Allowable Subject Matter
In view of the amendments to claim 1 and the remarks included in the Response the 35 USC §103 rejection of claim 1 as being unpatentable over US 2018/0222549 to Ragland et al (hereinafter Ragland) in view of US 2021/0061409 A1 to Ricco et al (hereinafter Ricco) is withdrawn.
The following is a statement of reasons for the indication of allowable subject matter:
The claims are patentably distinguishable from the prior art of record. Every element of the claims are not taught by any of the references individually and the prior art of record fails to permissibly teach the overall combination as claimed. Even if one could construe the prior art of record such that the combination disclosed each and every limitation of the claims, the ordered combination would not have been obvious to one ordinarily skilled in the art because doing so would require improper hindsight reasoning in view of the present Specification, and furthermore, there is no teaching, suggestion, or motivation to combine the aforementioned references in reference to themselves or in knowledge generally available to one of ordinary skill in the art before the effective filing date of the claimed invention.
The closest prior art of record Ragland and Ricco generally disclosed the limitations of the originally filed claims 1 and 8. However, as presently amended and argued by the Applicant, at a minimum neither Ragland nor Ricco specifically disclose the various specific warning sound arrangements.
Even if each and every element of the present invention were taught individually by the aforementioned references, combining the references as an ordered combination would not have been obvious to one ordinarily skilled in the art because doing so would require improper hindsight reasoning in view of the present Specification, and furthermore there is no teaching, suggestion, or motivation to combine the aforementioned references present in the aforementioned references themselves or in knowledge generally available to one of ordinary skill in the art.
For at least these reasons, a rejection of the claims under 35 USC §§102/103 is not made.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B WEHRLY whose telephone number is (303)297-4433. The examiner can normally be reached Monday - Friday, 8:30 - 4:30 MT.
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/CHRISTOPHER B WEHRLY/Primary Examiner, Art Unit 3611