DETAILED ACTION
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.
Claims 1-6, 8-17, 19-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watarai et al. (Pub. No.: US 2016/0318583 A1).
Regarding claim 1, Watarai et al. disclose a bicycle controller comprising:
an electronic controller (e.g., controller 32) configured to control a motor that applies an assist force to the human-powered vehicle (e.g., the controller 32 configured to control a drive motor 30 that is configured to selectively output driving force to a wheel of a bicycle – par. 35 ) in one assist mode of a plurality of assist modes having assist levels different from one another (e.g., the bicycle operates under a high assist mode (first assist mode), a normal assist mode (second assist mode), and an eco assist mode (third assist mode), wherein each assist mode having different assist power – par. 45 ),
the electronic controller (e.g., controller 32) being further configured to change a current assist mode to a changed assist mode different from the current assist mode depending on the current assist mode (e.g. the controller 32 configures to switch the driver motor 30 between a high assist mode (first assist mode), a normal assist mode (second assist mode), and an eco assist mode (third assist mode). For instance, changing the electronic assist mode from normal assist mode to a high assist mode – par. 48-49) in a case where a traveling condition regarding a traveling state of the human-powered vehicle is satisfied (e.g., based on bicycle factor such as time, travel distance and number of rotations of a crank shaft – par. 40).
Regarding claim 2, Watarai et al. disclose a bicycle controller, wherein each of the assist levels includes a maximum ratio of an output of the motor to a human driving force input to the human-powered vehicle (e.g., assist ratio defined as the ratio of a user's pedal power versus the power provided by the drive motor 30 (par. 44), which covers a maximum ratio output).
Regarding claim 3, Watarai et al. disclose a bicycle controller, wherein the electronic controller is configured to change the current assist mode to the changed assist mode in accordance with information regarding the current assist mode and mode determination information (e.g. the controller 32 configures to switch the driver motor 30 between a high assist mode (first assist mode), a normal assist mode (second assist mode), and an eco assist mode (third assist mode) based on operation signals par. 48-49 ).
Note; mode determination information refers to information to change an assist mode (Spec. Pub. par. 112).
Regarding claim 4, Watarai et al. disclose a bicycle controller, wherein the mode determination information includes level increase information (e.g., operation signal to increase assist mode – par. 48-49) for determining the changed assist mode such that the assist level increases (e.g., switch from eco assist mode to a normal assist mode based on operation signal - par. 49).
Regarding claim 5, Watarai et al. disclose a bicycle controller, wherein the traveling condition includes a first traveling condition (e.g., manual driving power – par. 35) satisfied in a case where at least one of a condition regarding a human driving force input to the human-powered vehicle (e.g., user operating the bicycle by providing manual drive power via a pedal (par. 35)),
in a case where the first traveling condition is satisfied (e.g., the controller 3 receives the operation signal(s) – par. 48), the electronic controller is configured to change the current assist mode to the changed assist mode determined in accordance with the level increase information (e.g., switch from eco assist mode to a normal assist mode based on operation signal - par. 49).
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Regarding claim 6, Watarai et al. disclose a bicycle controller, wherein the level increase information includes at least one of first information regarding a human driving force input to the human-powered vehicle (e.g., torque information corresponding to the pedal power that is exerted on the pedal by the user (par. 42 and 35)),
Regarding claim 8, the claim limitations recited features on alternative form of rejected claim 6; therefore, Watarai et al.’s invention still read on the claimed combination alternative form.
Regarding claim 9, the claim limitations recited features on alternative form of rejected claim 6; therefore, Watarai et al.’s invention still read on the claimed combination alternative form.
Regarding claim 10, Watarai et al. disclose a bicycle controller, wherein in a case of increasing the assist level, the electronic controller directly changes the current assist mode to the changed assist mode not through an intermediate assist mode (e.g., switching from eco assist mode to a normal assist mode based on operation signal (par. 49) without using an intermediate mode. Figure 5C shows changing high assist mode to a walk mode without intermediate mode at 9th Embodiment (Figure 9)).
Regarding claim 11, Watarai et al. disclose a bicycle controller, wherein the electronic controller is configured to change the level increase information in accordance with an input from at least one of an operation device of e.g., the controller configured to switch from eco assist mode to normal assist mode based on the operation signal from first operating device 62 / level 61 to increase assist power - par. 48-49 and 50 and Figure 3).
Regarding claim 12, Watarai et al. disclose a bicycle controller, wherein the electronic controller is configured not to change the assist mode (e.g., Figure 5A shows a high assist mode be maintained at 3rd embodiment (e.g., Figure 3 and related disclosure)) such that the assist level increases in a case where a state in which a vehicle speed of the human-powered vehicle does not exceed a predetermined first threshold continues for a predetermined time (Figure 3 shows a boost ratio being applied to current high assist mode during a predetermine time at a predetermined speed range / operation of the bicycle (Figure 5A and related disclosure and par. 45)).
Regarding claim 13, Watarai et al. disclose a bicycle controller, wherein the electronic controller is configured to control a transmission device (e.g., transmission mechanism – par. 38) to maintain a transmission gear ratio of the human-powered vehicle in a case where the assist mode is changed to increase the assist level (e.g., e.g., the controller configured to control the transmission mechanism with multiple gears and speed stages (par. 38 and 42) during switching between modes power (par. 48-49 and 50 and Figure 3) to increase assist power (par. 45), which covers maintaining transmission gear ratio).
Regarding claim 14, Watarai et al. disclose a bicycle controller, wherein the mode determination information further includes level decrease information (e.g., operation signal to decrease assist mode – par. 48-49) for determining the changed assist mode such that the assist level decreases (e.g., switching from normal assist mode to eco assist mode based on the operation signal to decrease assist power - par. 48-49).
Regarding claim 15, Watarai et al. disclose a bicycle controller, wherein the traveling condition includes a second traveling condition different from the first traveling condition (e.g., implement information related to (i) target drive assist ratio based on calculated speed and torque (par. 43) and / or (ii) load (par. 51) which is different from manual driving power information– par. 35), and
in a case where the second traveling condition is satisfied after the assist mode is changed such that the assist level increases (e.g., adjusting a predetermined assist ration to the target drive assist ratio (par. 43) and / or load reached a predetermined value (par. 51) ), the electronic controller is configured to change the current assist mode to the changed assist mode determined in accordance with the level decrease information (e.g., switching from normal assist mode to eco assist mode based on the operation signal to decrease assist power (par. 48-49) or to a walk mode (par. 51)).
Regarding claim 16, Watarai et al. disclose a bicycle controller, wherein the second traveling condition is satisfied in a case where at least one of e.g., adjusting a predetermined assist ratio to a target drive assist ratio (par. 43) and / or load reached a predetermined value (par. 51) ),
Regarding claim 17, Watarai et al. disclose a bicycle controller, wherein the level decrease information includes at least one of first information regarding a human driving force input to the human-powered vehicle (e.g., torque information corresponding to the pedal power that is exerted on the pedal by the user (par. 42 and 35)),
Regarding claim 19, the claim limitations recited features on alternative form of rejected claim 17; therefore, Watarai et al.’s invention still read on the claimed combination alternative form.
Regarding claim 20, the claim limitations recited features on alternative form of rejected claim 17; therefore, Watarai et al.’s invention still read on the claimed combination alternative form.
Regarding claim 21, Watarai et al. disclose a bicycle controller, wherein the electronic controller is configured to change the current assist mode (e.g., high assist mode – par. 48) to the changed assist mode (e.g., eco assist mode – par. 48) through an intermediate assist mode (e.g., controller 32 configures to switch from the high assist mode to the eco assist mode through the normal assist mode based on the operation signal to decrease assist power – par. 48) in which the assist level of the intermediate assist mode is lower than the assist level of the current assist mode and higher than the assist level of the changed assist mode in accordance with the level decrease information (e.g., wherein the normal assist mode has (i) lower assist power than the high assist mode and (ii) higher assist power than the eco assist mode – par. 45).
Regarding claim 22, Watarai et al. disclose a bicycle controller, wherein the electronic controller is configured to change the level decrease information in accordance with an input from at least one of e.g., controller 32 configures to switch from normal assist mode to eco assist mode based on the operation signal from first operating device 62 / level 61 to decrease assist mode power - par. 48-49 and 50 and Figure 3).
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 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 of this title, 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 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Watarai et al. (Pub. No.: US 2016/0318583 A1) in view of Negoro (Pub. No.: US 2017/0151998 A1).
Regarding claim 7, Watarai et al. failed to specifically disclose wherein the first information includes at least one of information regarding a mean value of the human driving force in a case where a crank of the human-powered vehicle rotates a predetermined number of times
However, Negoro discloses an electrical assisted bicycle comprising a controller 95 to calculate an average value of a pedal torque applied on the pedal by a user / rider for obtaining an assistance torque (par. 85, 90, 9, and 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the bicycle controller taught by Watarai et al., such that the controller is configured to calculate an average value of a pedal torque applied by a user / rider for obtaining an assistance torque, in view of Negoro, with reasonable expectation of success, since doing so would have achieved the benefit of enabling the bicycle to start smoothly or ride over a bump while providing a wide range of output characteristic to control the bicycle (par. 81 and 34).
Regarding claim 18, Watarai et al. failed to specifically disclose wherein the first information includes at least one of information regarding a mean value of the human driving force in a case where a crank of the human-powered vehicle rotates a predetermined number of times
However, Negoro teach an electrical assisted bicycle comprising a controller 95 to calculate an average value of a pedal torque applied on the pedal by a user / rider for obtaining an assistance torque (par. 85, 90, 9, 42).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the bicycle controller taught by Watarai et al., such that the controller is configured to calculate an average value of a pedal torque applied by a user / rider for obtaining an assistance torque, in view of Negoro, with reasonable expectation of success, since doing so would have achieved the benefit of enabling the bicycle to start smoothly or ride over a bump while providing a wide range of output characteristic to control the bicycle (par. 81 and 34).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Watarai et al. (Pub. No.: US 2016/0318583 A1) in view of Tsuchizawa et al. (Pub. No.: US 2018/0257743 A1)
Regarding claim 23, Watarai et al. failed to specifically disclose wherein the electronic controller is configured not to change the assist mode in a case where at least one of
However, Tsuchizawa et al. teach a bicycle control device configured to maintain drive mode (par. 59-60) when the roll angle is greater than zero (par. 96).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention (AIA ) to modify the bicycle controller taught by Watarai et al., such that the controller is configured to maintain drive mode of the bicycle when the roll angle is greater than zero, in view of Tsuchizawa, with reasonable expectation of success, since doing so would have achieved the benefit of appropriately controlling the bicycle motor in accordance to the usage environment, posture of the bicycle, and inclination of the road surface (par. 5 and 6).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jorge O. Peche whose telephone number is (571)270-1339. The examiner can normally be reached Monday-Friday 8:30 AM - 5:30 PM.
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/Jorge O Peche/Examiner, Art Unit 3656