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 § 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, 3-4, 6-8, and 11-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Silsby et al. (US 2022/0204110; “Silsby”; reference of record).
Regarding claim 1, Silsby teaches an electric bicycle (figures 1-3A) comprising:
a frame (See frame in figure 1);
a front wheel supporting the frame (See front wheel in figure 1);
a rear wheel supporting the frame (See rear wheel in figure 1);
a motor (150) coupled to the frame;
a crankset (See crankset in figure 1) coupled to the motor (150); and
a display device (120) coupled to the frame (at handlebars 160), wherein the display device is configured to display a performance attribute (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079]) of the electric bicycle, and is further configured to display how long the electric bicycle has been set to the performance attribute (Para. [0048] teaches displaying odometer information and current trip use at the selected performance attributes. For example, when a top speed (para. [0053]) and pedal assist level (para. [0023]) are set at the beginning of a trip, the odometer and current trip information (para. [0048]) indicate how long the top speed and pedal assist level have been set.).
As for claim 3, Silsby teaches wherein the display device is configured to display a duration of traveling distance over which the electric bicycle has been set to the performance attribute (Para. [0048] teaches displaying odometer information and current trip use at the selected performance attributes.).
Regarding claim 4, Silsby teaches wherein the performance attribute is at least one of a motor classification, maximum speed, or maximum power of the electric bicycle (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079]).
As for claim 6, Silsby teaches wherein the frame includes a head tube (160), wherein the display device (120) is coupled to the head tube (160).
Regarding claim 7, Silsby teaches wherein the display device is configured to be wirelessly connected to a mobile phone (para. [0031]).
Regarding claim 8, Silsby teaches a human machine interface (110) coupled to the frame (at handlebars 160), wherein the human machine interface (110) is coupled to the display device (120) and is configured to control what is displayed on the display device (120), wherein the human machine interface (110) is arranged such that a user (rider) may manually interact with the human machine interface (110) to change the performance attribute of the electric bicycle, and wherein the display device is then configured to display the change in the performance attribute (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079]).
Regarding claim 11, Silsby teaches a human machine interface (110) coupled to the frame (at handlebars 160) and to the display device (120), wherein the human machine interface (110) is configured to be used to change the performance attribute, and wherein at least one of the human machine interface or the display device is configured to display feedback confirming that a change in the performance attribute was successful (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079]. After a performance attribute is changed, it can be seen on the display 120 that a change has been made.).
Regarding claim 12, Silsby teaches a human machine interface (110) coupled to the frame (at handlebars 160) and to the display device (120), wherein the human machine interface (110) is configured to be used to change the performance attribute (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079].), wherein at least one of the human machine interface or the display device is configured to display an error code if the performance attribute fails to display on the display device or if the display device fails to display a currently selected performance attribute (Error codes are displayed on the control device 110 and/or the display 120. Para. [0057]).
Regarding claim 13, Silsby teaches a human machine interface (110) coupled to the frame (at handlebars 160) and to the display device (120), wherein the human machine interface (110) is configured to be used to change the performance attribute (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079].), wherein at least one of the human machine interface or the display device is configured to notify a user whether the performance attribute is a legal performance attribute for a geographical location of the electric bicycle (Silsby sets and displays bike parameters that are “within class or local regulations or standards.” Para. [0053]).
Regarding claim 14, Silsby teaches a human machine interface (110) coupled to the frame (at handlebars 160) and to the display device (120), wherein the human machine interface (110) is configured to be used to change the performance attribute (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079].),
wherein the human machine interface is configured to permit only a select group of users to change the performance attribute (The performance attributes are changed by the rider with control device 110. The rider is interpreted as part of the “select group of users.”).
Regarding claim 15, Silsby teaches a human machine interface (110) coupled to the frame (at handlebars 160) and to the display device (120), wherein the human machine interface (110) is configured to be used to change the performance attribute (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079].),wherein the human machine interface is configured to notify a third party when the performance attribute has been changed or selected (The control device 110 communicates with other systems, such as smart city systems and servers. Para. [0028]).
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 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Silsby in view of Johnson et al. (US 2021/0192229; “Johnson”; reference of record).
Regarding claim 5, Silsby teaches wherein the display device is configured to be powered on and off (para. [0043]), but fails to teach wherein the display device is configured to continue to display the performance attribute for at least one hour of time after the display device has been powered off.
However, it is well-known to those of ordinary skill in the art to implement electric ink displays with lasting display capabilities on electric transport device, e.g., electric bicycles. For example, see para. [0059]-[0060] of Johnson.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize an electric ink display as the display device of Silsby because such a modification would have been implementing a well-known display device for an electric bicycle.
As for claim 9, Silsby teaches wherein the display device is coupled to a display power source (battery) configured to selectively provide electricity to the display device (120), but fails to teach the display device being configured to hold a display state displaying the performance attribute after the display device is not receiving electricity from the display power source.
However, it is well-known to those of ordinary skill in the art to implement electric ink displays with lasting display capabilities on electric transport device, e.g., electric bicycles. For example, see para. [0059]-[0060] of Johnson.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize an electric ink display as the display device of Silsby because such a modification would have been implementing a well-known display device for an electric bicycle.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Silsby in view of Weinmann et al. (US 2024/0174322; “Weinmann”; reference of record).
Regarding claim 10, Silsby teaches a human machine interface (110) coupled to the frame (at handlebars 160) and to the display device (120), wherein the human machine interface (110) is configured to be used to change the performance attribute (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079]).
Silsby fails to teach wherein changing the performance attribute requires a restart of the electric bicycle, and wherein changing the performance attribute requires changing the performance attribute within a predetermined period of time after the restart of the electric bicycle.
However, it is well-known to those of ordinary skill in the art to restart an electric bicycle before changing any performance attributes/modes. For example, see para. [0048] of Weinmann: “If this is the case (path “y”), the possibility of enabling the activation of the walk mode is completely deactivated in method step 216, at least until a restart of the control unit 26 of the electric bicycle 10. Consequently, this function is no longer available until the control unit 26 is restarted.”
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to restart the electric bicycle of Silsby before changing performance attributes because such a modification would have been implementing a well-known electric bicycle performance adjustment protocol. The “predetermined period of time after the restart of the electric bicycle” is interpreted as time period after the restart of the electric bicycle before the electric bicycle runs out of power.
Claims 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Silsby in view of Chuang (US 2020/0092128).
Regarding claim 20, Silsby teaches an electric bicycle (figures 1-3A) comprising:
a frame (See frame in figure 1);
a front wheel supporting the frame (See front wheel in figure 1);
a rear wheel supporting the frame (See rear wheel in figure 1);
a motor (150) coupled to the frame;
a crankset (See crankset in figure 1) coupled to the motor (150); and
a display device (120) coupled to the frame (at handlebars 160), wherein the display device is configured to display a performance attribute of the electric bicycle (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079]);
a human machine interface (110) coupled to the frame (at handlebars 160) and to the display device (120), wherein the human machine interface (110) is configured to be used to change the performance attribute;
wherein at least one of the human machine interface or the display device includes a success feedback indicator that is configured to provide feedback confirming that a change in the performance attribute was successful (Silsby teaches at least the following performance attributes that are controlled and displayed: class, speed, pedal assist, power information, battery level. Para. [0023], [0024], [0040], [0045], [0048], [0053], [0055], [0060], [0072], [0079]. After a performance attribute is changed, it can be seen on the display 120 that a change has been made.).
Silsby fails to teach wherein the success feedback indicator is separate from a display of the performance attribute itself.
However, it is well-known to those of ordinary skill in the art to provide an indication that a change in an electronic system of an electric bicycle has been successfully made. For example, paragraph [0028] of Chuang teaches updating parameters of an electric bicycle and providing a display that the parameter update was successful.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to display a message of a successful change in a performance attribute in the electric bicycle of Silsby because such a modification would have provided the well-known benefit of alerting a rider of the electric bicycle to a successful performance attribute change.
As for claim 21, Silsby modified by Chuang teaches wherein the success feedback indicator includes at least one of a visible, audible, or tactile indicia indicating that the change in the performance attribute was successful (Para. [0028] of Chuang).
Response to Arguments
Applicant's arguments filed 04/07/25 have been fully considered but they are not persuasive.
Regarding Applicant’s comments directed to the rejection of claim 1 under 35 U.S.C. 102(a)(1) as being anticipated by Silsby, Applicant argues, “However, nothing in paragraph [0048] describes a display device that actually shows how long the bicycle has been set to the current performance attribute.” See page 7 of Applicant’s remarks.
As discussed above in the rejection of claim 1, Silsby teaches when a top speed (para. [0053]) and pedal assist level (para. [0023]) are set at the beginning of a trip, the displayed odometer and current trip information (para. [0048]) indicate how long the top speed and pedal assist level have been set.
Allowable Subject Matter
Claims 16-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The best prior art reference of record, Silsby, fails to teach:
“wherein the predetermined period of time includes a predetermined number of seconds”, as set forth in claim 16.
Conclusion
The prior art of record and not relied upon is considered pertinent to applicant's disclosure.
Fanning et al. (US 2023/0384106; reference provided by Applicant) teaches an electric bicycle with a basic required structure of an electric bicycle (frame, wheels, motor, crankset) and a display configured to display a performance attribute of the electric bicycle, and is further configured to display how long the electric bicycle has been set to the performance attribute (See para. [0040]-[0041]. For example, “The graphic display 26 of the device 12 may present other real-time ride data to the user as the user travels over the selected route on the eBike 10. Such ride data may include: the amount of motor assistance used as the user has been riding over the selected route, the amount of time the user has been riding over the selected route”).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LEVI GANNON whose telephone number is (571)272-7971. The examiner can normally be reached 7:00AM-4:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Menatoallah Youssef can be reached at 571-270-3684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LEVI GANNON/Primary Examiner, Art Unit 2849 April 16, 2026
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