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
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 and 2 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bland (9,340,254).
Bland discloses an electric motor assembly comprising an electric motor frame 12, 14 including a main segment 14 and an arm segment 12, wherein the arm segment extends rearward from the main segment an electric motor housed within the main segment of the electric motor frame; and a belt drive assembly 30 (see col. 4, lines 21-25) housed within the arm segment, the belt drive assembly being connectable to a rear wheel assembly. The arm segment 12 to form a swing arm (see Figure 3) when the electric motor assembly is operatively assembled on an electric motor bike.
Claim(s) 12-14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shiratsuchi (4,413,700).
Shiratsuchi discloses a motorbike comprising a frame assembly 1; a seat structure assembly (see Figure 1), the seat structure assembly including a seat 5 and one or more pneumatic cylinders 24 that are supported by the frame assembly; wherein the pneumatic cylinders couple to the seat to raise or lower at least a portion of the seat. A control component 41 that is operable by a user to actuate the pneumatic cylinders to or from a raised or lowered position. The control component utilizes one or more mechanical levers. The front assembly is modularized.
Allowable Subject Matter
Claims 7-11 are allowed. The following is a statement of reasons for the indication of allowable subject matter: In independent claim 7, the recitation of method comprising multiple plates, determining one or more overlap regions as between the multiple plates, forming rivet holes and curing plates to from a frame assembly for the motorbike; and in independent claim 8, a battery assembly, a lighting assembly including at least a first light component and a second light component, the first light component including a battery wherein when the first light component is detached the first light component operates as a portable light in combination with the rest of the recited elements, clearly defines over the prior art.
Claims 3-6, 15, 16 and 18-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art recited discloses common inventive concepts as the claimed present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Faye M. Fleming whose telephone number is (571)272-6672. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAYE M FLEMING/Primary Examiner, Art Unit 3612
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