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.
Claims 26-31 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.
Claim 26 recites the limitation "the frame structure" in lines 5-7. There is insufficient antecedent basis for this limitation in the claim as only “a body structure” was previously claimed and these are believed to be different structures. Claims 27-31 are rejected for being dependent from rejected claim 26.
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 12-20 and 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2018/0127048) in view of Freakes (US 9,988,114).
In re claims 12-13, Li discloses a powered wheeled riding device (10), comprising: a body structure (32) comprising a left drive wheel support portion (as shown in Figures 8 and 10), a right drive wheel support portion (as shown in Figures 8 and 10), a left motor (46) configured to rotate a left wheel (18) and being supported by the left drive wheel support portion; a right motor (146) configured to rotate a right wheel (20) and being supported by the right drive wheel support portion; a right foot receiver (14) configured to receive a user right foot; a left foot receiver (12) configured to receive a user left foot; a controller (36, 136) configured to direct the left and right motors to turn the respective left and right wheels in accordance with the user input; and an input structure (42, 142) configured to receive a user input and communicate the user input to the controller; wherein the input structure comprises a left input portion (42) and a right input portion (142) (claim 13).
Li does not disclose a free wheel support portion, the body structure defining a seat configured to support a rider thereupon, the seat being between the left and right drive wheel support portions and the free wheel support portion, the body structure being rigid so that the left drive wheel support portion, right drive wheel support portion, seat and free wheel support portion all move together as a unit; a wheel structure attached to the free wheel support portion, the wheel structure having a rolling wheel and a rotating mount configured so that the rotating mount can rotate freely about an axis.
Freakes, however, does disclose a powered wheeled riding device (10), comprising: a frame structure comprising a left front wheel support portion (as shown in Figure 6), a right front wheel support portion (as shown in Figure 6), a free wheel support portion (51), the body structure defining a seat (55) configured to support a rider thereupon, the seat being between the left and right drive wheel support portions and the free wheel support portion, the body structure being rigid so that the left drive wheel support portion, right drive wheel support portion, seat and free wheel support portion all move together as a unit (as shown in Figure 6); a wheel structure (52) attached to the free wheel support portion, the wheel structure having a rolling wheel and a rotating mount (axle or wheel hub that allows wheel to rotated) configured so that the rotating mount can rotate freely about an axis.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the powered wheeled riding device of Li such that it comprised the rear wheel/saddle frame of Freakes to advantageously provide additional support while allowing the user/operator to sit/relax while operating the device.
In re claim 14, Li further discloses wherein the left input portion comprises a left input sensor (level sensor 42 detects angle, see [0042]) configured to sense one of rotation angle or pressure applied to the left input portion in both a forward direction and a rearward direction.
In re claim 15, Li further discloses wherein the left input portion controls forward and reverse rotation of the left wheel, and the right input portion controls forward and reverse rotation of the right wheel (see [0042] and [0045]).
In re claim 16, Li further discloses wherein the left foot receiver is spaced longitudinally from the left motor (as shown in Figure 8).
In re claim 17, Li further discloses wherein the left input portion is at or adjacent the left foot receiver and the right input portion is at or adjacent the right foot receiver (as shown in Figure 8).
In re claim 18, Li further discloses comprising handles (92) supported by the body structure vertically higher than the saddle (as shown in Figure 13).
In re claim 19, Li further discloses wherein the handles are configured to move as a unit with the body structure (via center section 16 as shown in Figure 13).
In re claim 20, Li further discloses wherein the left foot receiver (12) is spaced rearwardly from the left motor (within wheel 18). The Examiner notes that the left floor receiver is at least partially located rearward of the hub motor (within wheel).
In re claim 26, as discussed above, Li discloses a powered wheeled riding device, comprising: a left motor configured to rotate a left wheel about a left wheel axis; a right motor configured to rotate a right wheel about a right wheel axis; a body structure supporting the left motor and the right motor in a manner so that the left wheel is constrained from rotating relative to the frame structure about any axis other than the left wheel axis and the right wheel is constrained from rotating relative to the frame structure about any axis other than the right wheel axis; a right foot receiver defined on a right side of the body structure and configured to receive a user right foot; a left foot receiver defined on a left side of the body structure and configured to receive a user left foot; a controller configured to direct the left and right motors to turn the respective left and right wheels in accordance with the user input; and an input structure configured to receive a user input and communicate the user input to the controller.
Li does not disclose a seat defined on the body structure, the seat configured to support a rider seated thereupon; a free wheel structure supported by the body structure, the free wheel structure having a rolling wheel and a rotating mount configured so that the rotating mount can rotate freely about an axis transverse to a rolling wheel axis of the rolling wheel; the body structure configured to move as a unit.
Freakes, as discussed above, does disclose a powered wheeled riding device, comprising a seat defined on the body structure, the seat configured to support a rider seated thereupon; a free wheel structure supported by the body structure, the free wheel structure having a rolling wheel and a rotating mount configured so that the rotating mount can rotate freely about an axis transverse to a rolling wheel axis of the rolling wheel; the body structure configured to move as a unit
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the powered wheeled riding device of Li such that it comprised the rear wheel/saddle frame of Freakes to advantageously allow the user/operator to sit/relax while operating the device.
In re claim 27, Li further discloses wherein each of the right and left foot receivers comprises a plate (28, 128) (as shown in Figures 3 and 8).
In re claim 28, Li further discloses wherein the input structure comprises the plates (plates 28, 128 rotate about the wheel axis causing the angle sensor to detect the inclination angle), and each plate is configured to rotate about an axis, and an angular position of the plate about the axis is communicated to the controller as the user input.
In re claim 29, Li further discloses comprising handles (92) supported by the frame structure vertically higher than the saddle (as shown in Figure 13).
Claims 21-22, 24, 25, 30, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Li and Freakes in view of Ying (US 9,376,155).
In re claims 21-22, Li and Freakes disclose the powered wheeled riding device of Claim 12, but do not disclose wherein the input structure is spaced from the left and right foot receivers and is configured to be hand actuated via a handheld structure. Ying, however, does disclose wherein the handheld input structure (210) is spaced from the left and right foot receivers (5) and is configured to be hand actuated (as shown in Figure 6) to provide startup and correction control (column 9, lines 4-14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li and Freakes such that it comprised the hand/remote control of Ying to advantageously provide the user with more easily accessed startup and correction controls.
In re claim 24, Li further discloses comprising handles (92) supported by the frame structure vertically higher than the saddle (as shown in Figure 13).
In re claim 25, Li further discloses wherein the handles are configured to move as a unit with the body structure (via center section 16 as shown in Figure 13).
In re claim 30, Li and Freakes disclose the powered wheeled riding device of Claim 26, but do not disclose wherein the input structure configured to be hand actuated. Ying, however, does disclose wherein the input structure (210) is configured to be hand actuated (as shown in Figure 6) to provide startup and correction control (column 9, lines 4-14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Li and Freakes such that it comprised the hand/remote control of Ying to advantageously provide the user with more easily accessed startup and correction controls.
In re claim 31, Li further discloses comprising a second input structure that is configured to be foot actuated (via foot pads 28, 128).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Li, Freakes, and Ying in view of Cyr (US 2018/0272238).
In re claim 23, Li, Freakes, and Ying disclose the powered wheeled riding device of Claim 22, but do not disclose wherein the body structure is configured to resemble an animal, and the handheld structure comprises reins. Cyr, however, does disclose wherein the body structure is configured to resemble an animal, and the handheld structure comprises reins (90) (as shown in Figure 1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the powered wheeled riding device of Li, Freakes, and Ying such that it comprised the animal shape and reins of Cyr to advantageously turn the vehicle into a rideable toy for childen.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael R Stabley whose telephone number is (571)270-3249. The examiner can normally be reached on M-F 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached on (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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/MICHAEL R STABLEY/Examiner, Art Unit 3611
/KEVIN HURLEY/Primary Examiner, Art Unit 3611
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