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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the base being above the wheels in claim 3 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 3,4 are objected to because of the following informalities: claims 3 states “wherein in the first orientation a portion of the base is positioned below at least a portion of the set of wheels and in the second orientation the base positioned above the set of wheels”, wherein the end of the claim should be re-written to say “and in the second orientation a portion of the base is positioned above the set of wheels” as applicant drawings (see figures 1a and 1c) do not show the base being above the set of wheels. Appropriate correction is required.
Claims 1,13 and 15 are objected to because of the following informalities:
Regarding claim 1, the word “to” should be placed in between “configured” and “transition” in line 7.
Regarding claim 13, “a” should be placed in between “includes” and “first” in line 1.
Regarding claim 15, the word “to” should be placed in between “configured” and “rotate” in line 7.
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.
Claims 16 and 17 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. Claim 15 refers to the first orientation as being a tricycle or seated position while, the second orientation is a scooter or standing position, however, claim 16 states that the first orientation is a scooter orientation and the second orientation is a tricycle orientation, thereby creating confusion within the claims. Claim 16 should be amended to follow what is mentioned in claim 15. The claim will be examined following what was claimed in claim 15.
Claim 17 recites the limitation "set of wheels" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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) 1-5,7-11 and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by O Connell (US 2017/0291629, Connell from now on).
Regarding claim 1, Connell discloses a device for transporting a user (see figure 1), the device comprising:
a base (112,123,210,212,131, see figures 12b and 12c) configured to support the user, the base having a first portion (112) and a second portion (131,210), the first portion configured to rotate with respect to the second portion (see figures 12b and 12c) to transition between a first base position (see figure 12b) and a second base position (see figure 12c);
a handle assembly (120,125,114) coupled to the base and having a wheel (114) and a handle (120); and
a wheel assembly (124,126,128,130) having a set of wheels (128,130), the wheel assembly coupled to the base (see figures 12a to 12c) and configured to transition between a first wheel position (see figure 12b) and a second wheel position (see figure 12c);
wherein the base is configured to transition between the first base position (see figure 12b) and second base position (see figure 12c) and the wheel assembly is configured to transition between the first wheel position (see figure 12b) and the second wheel position (see figure 12c) to form a first orientation configured to support the user in a seated position (see figure 12b) and a second orientation configured to support the user in a standing position (see figure 12c).
Regarding claim 2, further comprising a set of pedals (15,115) coupled to the wheel, wherein the set of wheels is two wheels (128,130), the first orientation is a tricycle orientation (see figure 12b), and the second orientation is a scooter orientation (see figure 12c).
Regarding claim 3, wherein in the first orientation a portion of the base (member 131 specifically) is positioned below at least a portion of the set of wheels (see figure 12b) and in the second orientation a portion of the base (member 112 specifically) is positioned above the set of wheels.
Regarding claim 4, further comprising a removable pusher (240) configured to couple to the base (see figure 17), wherein when the removable pusher is coupled to the base, the base is configured to transition between the first base position and second base position and the wheel assembly is configured to transition between the first wheel position and the second wheel position to form a stroller orientation (see figure 17) with the base positioned above the set of wheels (see figure 17).
Regarding claim 5, wherein the base has a third portion (118) configured to receive the handle assembly (see figures 16,a,16b and 17) and rotate with respect to the handle assembly about a first axis (see figures 16,a,16b and 17).
Regarding claim 7, wherein the wheel assembly includes two wheels (128,130) and each of the two wheels is configured to independently and removably couple to the base (see figures 13a to 14a).
Regarding claim 8, wherein in the first wheel position the two wheels are coupled to an outer portion of the base (see figure 12b) and in the second wheel position the wheels are coupled to an inner portion of the base (see figure 12c).
Regarding claim 9, further comprising a seat (23) configured to be removably coupled to the base (see figures 1 and 2).
Regarding claim 10, wherein the second portion (210,131) of the base has a first side and a second side (see figures 12b and 12c), the first side configured to support the user in the seated position (see figure 12b) and a second side configured to support the user in the standing position (see figure 12c).
Regarding claim 11, wherein the wheel assembly (124,126,128,130) is coupled to the second side of the base (see figures 12b and 12c) and the wheel assembly is configured to rotate with respect to the base between the first wheel position and the second wheel position (see figures 14d to 14g).
Regarding claim 14, wherein the handle (120,125) has a shaft (204) and a hinge (along axis AR, see figure 12a) separating the shaft into a first shaft portion (within handle 120 to the left side, see figure 12a) and a second shaft portion (within handle 120 to the right side, see figure 12a).
Regarding claim 15, A device for transporting a user (see figure 1), the device comprising: a handle assembly (120,125,114) having a wheel (114), a shaft (204) coupled to the wheel (through handle 120), and a handle (120) coupled to the shaft;
a base (112,123,210,212,131, see figures 12b and 12c) configured to support the user and to selectively couple to the shaft (204) at a first shaft position and a second shaft position (see figures 12b and 12c), the shaft configured to rotate with respect to the base (in order to go from a tricycle to a scooter); and
a wheel assembly (124,126,128,130) having a first arm (186, see figure 13c) coupled to a first wheel (128) and a second arm (186) coupled to a second wheel (130), the wheel assembly coupled to the base and configured to rotate with respect to the base between a first wheel position and a second wheel position (see figures 14d to 14g); wherein the device is configured to transition from a first orientation configured to support the user in a seated position (see figure 12b) when the base is positioned at the first shaft position and the wheel assembly is positioned in the first wheel position (see figure 12b) to a second orientation configured to support the user in a standing position (see figure 12c) when the base is positioned at the second shaft position and the wheel assembly is positioned in the second wheel position (see figure 12c).
Regarding claim 16, further comprising a set of pedals (15,115) coupled to the wheel, wherein the first orientation is a tricycle orientation, and the second orientation is a scooter orientation.
Regarding claim 17, wherein in the first orientation a portion of the base (member 131 specifically) is positioned below at least a portion of the set of wheels (see figure 12b) and in the second orientation a portion of the base (member 112 specifically) is positioned above the set of wheels.
Regarding claim 18, further comprising a removable pusher (240) configured to couple to the base (see figure 17).
Regarding claim 19, wherein when the removable pusher is coupled to the base, the base is configured to transition between the first base position and second base position and the wheel assembly is configured to transition between the first wheel position and the second wheel position to form a stroller orientation (see figure 17) with the base positioned above the set of wheels (see figure 17).
Regarding claim 20, wherein the first arm and the second arm are configured to move apart and toward one another (see figures 14d to 14g).
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) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Connell. Connell further discloses spring locks for the rotating frame members (see figures 5,6,7,15a-15c and Para, 0043,0045,0072 and 0075), however, Connell does not mention spring locks for the wheel assembly, instead he just mentions pivot locks (170, see Para. 0059). However, it would have been obvious for one of ordinary skill in the art to modify Connell by adding spring locks onto the wheel assembly in order to have just one set of locks on the entire vehicle, wherein having one set of locks would reduce the need to purchase 2 different sets of locks during assembly, thereby ending with a functional vehicle with similar locks.
Allowable Subject Matter
Claims 6 and 13 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 6, the art of record did not include “the third portion of the base is configured to rotate with respect to the second portion of the base and the first portion of the base rotates with respect to the second portion of the base independent of the third portion” –{{applicant is also reminded of the claim objection for claim 1 written above}}--.
Regarding claim 13, the art of record did not include “wherein the second wheel is coupled to the first wheel via a telescoping arm” –{{applicant is also reminded of the claim objection for claim 13 written above}}--.
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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