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 § 103
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 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.
Claim(s) 1,2,6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Krieger (WO 2011/019715) in view of Floarea (US 20210114686).
Regarding claim 1, Krieger discloses Pedal-assisted bicycle (20) comprising:
a frame (22),
at least two wheels (24,28) each provided with a relative hub,
a pedal assembly (40),
a transmission (42) operatively interposed between said pedal assembly (40) and one of said wheels (24,28) and configured to vary a transmission ratio (the pedal power being input to the pedals and then transmitted to the sprockets and derailleur seen in figure 2, which in turn allow for the transmission ratio to change) between said pedal assembly and said one of said wheels as a function of a command imparted directly or indirectly by a user (through the pedals),
a traction system comprising:
at least one battery pack (37),
an electric motor (rear hub motor 36),
an electric hub motor (front hub motor 34),
a control unit (38) configured to drive said electric hub motor (34) and said electric motor (36), wherein said central electric motor (3 is operatively connected to the battery pack (37) to be powered by the battery pack itself, wherein said electric hub motor (34) is arranged at the hub of a wheel (front wheel) of said wheels and is operatively connected to the battery pack to be powered by the battery pack (2) itself, wherein said control unit (38) is configured to receive a plurality of first input signals (speed, force or torque signals, see Par 0016) representative of an operating condition of the bicycle selectively variable between a servo operating condition and a charging operating condition (see Par. 0018),
wherein said control unit (38) is configured to:
identify the operating condition of the bicycle as a function of the first input signals (pedal input) identifying said transmission ratio (see Par. 0013) and
in the servo operating condition, emit a driving signal structured to drive the electric hub motor (34) and the electric motor (36) following a maximum efficiency curve obtained from an envelope of the efficiency curves of the electric hub motor (see figure 3) and the electric motor according to the linear speed (see figure 3) of the bicycle and the transmission ratio of the bicycle, wherein said maximum efficiency curve varies with the variation of said transmission ratio (see Par. 0013 to 0016 and see figure 3).
Krieger does not mention a central electric motor, however, Floarea discloses a bicycle with a hub motor (14) and a central motor (12). It would have been obvious for one of ordinary skill in the art to modify Krieger by placing a motor in the center of the bicycle, in order to work in combination with the pedal assembly in order to propel the bicycle, wherein, the combination of Krieger and Floarea ends being a simple substitution of one known element for another to obtain predictable results.
Regarding claim 2, Krieger further discloses wherein the input signals comprises a first input representing the pedal speed (see Par. 0013), or torque applied to the pedals (see Par. 0014).
Regarding claim 6, wherein the combination of Krieger and Floarea further discloses a method (as the use of the combination of Krieger and Floarea ends with the method as claimed being performed) for controlling a pedal-assisted bicycle (20) comprising: -detecting one or more quantities representative of a bicycle operating condition (such as speed, torque a regenerative brake charging, see Par.0016), wherein said operating condition is selectively variable between a servo operating condition and a charging operating condition (through regenerative charging), - detecting or calculating a transmission ratio (while managing the speed, see Par. 0013 to 0016) between said pedal assembly (40) and said at least one wheel (28); - identifying the operating condition of the bicycle (see Par. 0014), and - in the servo operating condition, driving the electric hub motor (34) and the electric motor (34) following a maximum efficiency curve obtained from an envelope of the efficiency curves of the electric hub motor and the electric motor according to the linear speed of the bicycle and the transmission ratio of the bicycle (see figure 3 and Par. 0012 to 0016).
Regarding claim 7, Krieger further discloses wherein the input signals comprises a first input representing the pedal speed (see Par. 0013), or torque applied to the pedals (see Par. 0014).
Allowable Subject Matter
Claims 3-5 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.
Regarding claim 3, the art of record did not include “wherein said first sensor means are configured to detect one or more quantities representative of the operating condition of the bicycle and to generate a respective first input signal and wherein said second sensor means are configured to detect a value representative of the state of charge of the battery pack and to generate said second input signal.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marlon A Arce whose telephone number is (571)272-1341. The examiner can normally be reached 8AM - 4:30PM.
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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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/MARLON A ARCE/Examiner, Art Unit 3611 /VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
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