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.
Claims 3, 6-9, 11, 17, 20, and 27 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.
With respect to the claims 3, 6-9, 11, 17, and 27, the term “preferably” renders the claims indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
With respect to the claim 20, the phrase “such as” renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention.
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) 1-10, 12, 14-16, 18, 20, 21, 24, and 26 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ingersjo (WO 2015/053677 A1).
With respect to claim 1, Ingersjo discloses a transportation device (1) comprising multiple motorized wheels (Fig 1; page 8, line 34- page 9, lines 1-2), for propulsion of the transportation device, wherein the transportation device (1) comprises at least one user ride-on unit (7, 16), wherein the transportation device (1) has at least 4 wheels (Fig 1), and wherein the transportation device (1) comprises a frame (7) arranged to provide a standing and/or walking space for the user (Fig 1).
With respect to claims 2, 4, and 9, wherein said at least one ride-on unit is two separate user standing portions (Fig 1).
With respect to claims 3, 6, and 7, wherein the transportation device (1) also comprises a loading surface (platform 4 shown in front of front wheels 3 in Figs 1, 5-7, and 9), preferably several loading surfaces (either platform 16 or 4)), and wherein at least one loading surface (10) is positioned on top of a front frame portion (on top of motor housing in Figs 5-7 and 9)).
With respect to claims 5 and 8, wherein the transportation device (1) comprises a frame (7) arranged to provide a standing and/or walking space for the user (Fig 1).
With respect to claim 10, wherein the transportation device (1) comprises two loading surfaces (left and right side of platform 4 shown in front of and above front wheels 3 in Figs 1, 5-7, and 9) positioned at a part of the frame positioned above each front wheel, said two loading surfaces located on either side of a steering column (Figs 1, 5-7, and 9).
With respect to claim 12, wherein the transportation device is a 4-wheel vehicle (Fig 1).
With respect to claim 14, wherein the standing and/or walking space is arranged between a left bottom support and a right bottom support up to a front framework (Fig 1).
With respect to claim 15, wherein the transportation device (1) has an open space, for feet clearance while walking, under the front framework (Figs 6-7).
With respect to claim 16, wherein the transportation device (1) comprises a left bottom support having at least two left standing portions (front and rear portion of 16) and a right bottom support having at least two right standing portions (front and rear portion of 16), said standing portions being two user ride-on units (Fig 1).
With respect to claim 18, wherein each user standing portion (6L, 12L, 6R, 12R) is arranged to also function as a loading surface (Fig 1; such as wheel occupant is using the seat).
With respect to claim 20, wherein the transportation device (1) is controllable using controls being part of the vehicle, such as a handlebar (Fig 1).
With respect to claim 21, wherein the transportation device (1) is foldable (seat folds; Figs 6-7).
With respect to claim 24, wherein the transportation device (1) is arranged to stand by itself on any of its rear end(s) (Fig 1; when seat is in use position).
With respect to claim 26, wherein the transportation device (1) also comprises a seat unit, preferably a foldable and/or removable seat unit (Figs 6-7).
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 11, 13, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ingersjo.
With respect to claim 11, Ingersjo discloses the claimed invention discussed above but does not disclose wherein the one front loading surface has a minimum surface area of 100 cm2. However, it would have been obvious to one having ordinary skill in the art before the invention was filed to form the loading surface with a minimum surface area of 100 cm2, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art.
With respect to claim 13, Ingersjo discloses the claimed invention discussed above and that each wheel can have a motor (12a) but does not disclose wherein the motorized wheels can be controlled individually. However, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention to control each wheel motor individually, since such a modification was old and well known in the art and would have expected to yield nothing more than predictable results, namely, it would have resulted better vehicle handling and superior traction control.
With respect to claim 19, Ingersjo discloses the claimed invention discussed above but does not disclose wherein the transportation device comprises steering means with a combination of mechanical steering and electrical steering. However, it would have been obvious to one having ordinary skill in the art before the invention was filed to use a combination of mechanical and electrical steering, since such a modification was old and well known in the art and would have expected to yield nothing more than predictable results, namely, in order to provide redundancy and safety and also provide power-assisted turning.
Claims 17 and 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ingersjo in view of Shang (CN102488594).
With respect to claims 17 and 27, Ingersjo discloses the claimed invention discussed above and wherein front standing portions (portion of platform behind 12b in Fig 8)) are each positioned between the front wheels and rear wheels (Fig 8) on the left and right side of the vehicle, respectively, preferably said front standing portions are arranged as lowered U shaped surfaces (as shown in Fig 8, the cross section of the standing platform has a U shape in front of the rear wheels 5 and 6), but Ingersjo does not disclose wherein rear standing portions are each positioned on top of the left rear and right rear wheels, respectively. Shang, however, disclose rear standing portions are each positioned on top of the left rear and right rear wheels higher than the vertical position of the front standing portion (Fig 1). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Ingersjo in view of the teachings of Shang to have standing portions above the wheels in order to protect the rider from contacting a moving wheel while also utilizing the space above it for more standing or cargo room.
Claims 22-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ingersjo in view of Wu et al. (CN107878651).
With respect to claim 22, Ingersjo discloses the claimed invention discussed above but does not disclose wherein a steering column is foldable down towards the frame, preferably by the steering column being fixated to a front frame portion of the frame via a hinge. Wu et al., however, disclose a steering column that is foldable via a hinge to the front frame portion of the frame (Figs 2-4). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Ingersjo in view of the teachings of Wu et al. to allow the steering column to fold in order to create a smaller footprint when not in use for storage.
With respect to claim 23, Ingersjo discloses the claimed invention discussed above but does not disclose wherein a steering column comprises an upper steering column and a lower steering column arranged to be slided into one another. Wu et al., however, disclose a slidable steering column (Figs 4 and 7). Therefore, it would have been obvious to one having ordinary skill in the art before the invention was filed to modify the invention of Ingersjo in view of the teachings of Wu et al. to have a slidable upper and lower steering column in order to change the height for different riders and also decrease the footprint when not in use for storage.
Conclusion
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DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3617
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