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
2. The following is a quotation of the second paragraph of 35 U.S.C. 112:
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.
3. Claim 7 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
a. Claim 7 recites the limitation "the channel" in line 1. There is insufficient antecedent basis for this limitation in the claim. It appears claim 7 should depend from claim 6.
4. In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Powers et al. (US Patent Publication 2013/0049334) in view of Bellon (US Patent Publication 2012/0326408).
a. Regarding claim 1, Powers teaches scooter 10 comprising a front frame assembly comprising handlebar 32 connected to steering tube 28 [Upper portion 26 is received within lower portion 28 in a telescoping fashion so that handlebars 32, which feature hand grips 34 a and 34 b, may be positioned at a desired height [0011]] that includes front wheel 12 supported by front fork 38 [front fork 38 engages the axle 42 of the front wheel 12 so that the front wheel is free to rotate [0012]] and a rear frame assembly comprising neck assembly 20, 22 [head tube 22 is attached to the leading end of the neck tube 20 [0010]; See examiner annotated Fig. 1] including head tube 22, steering tube 28 being rotatably coupled to head tube 22 to define a steering axis about which the front frame rotates relative to the rear frame [lower portion 28 of the steering column is pivotally received with the head tube 22 [0012]],
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Examiner annotated Powers Figure 1
a rear wheel assembly including rear wheel 14 supported by rear fork 86 [rear fork portion 86 [0018]] and deck 78 [As is known in the art, a rider stands on the riding platform 16 and pushes with one foot to provide propulsion [0014]; As illustrated in FIG. 2, the riding platform of the scooter is composed of the deck tube 18 and a deck 78 [0018]] supported by deck tube 18 that extends a length from rear fork 86 to a terminal end of deck tube 18 attached to the neck assembly and deck 78 supported by deck tube 18 [As illustrated in FIG. 2, the riding platform of the scooter is composed of the deck tube 18 and a deck 78; The deck also features a rear fork portion 86 [0018]].
Powers does not specifically teach the deck is selectively rotatable about the deck tube between at least an operative position wherein the deck is configured to support a rider and a stowed position.
Bellon teaches deck 16 [riding platform 16 [0034]] is selectively rotatable about deck tube 32 [shaft 32 extending from the front end of the riding platform 16 engages coaxially with the collar 34 of the rotational engagement means 30 [0036]; rotating mechanism 23 provides a means to rotate the riding platform 16; rotation of the mechanism 23 in turn causes the shaft 32 to rotate which is engaged to the riding platform 16 which will rotate as well [0037]] between at least an operative position wherein deck 16 is configured to support a rider and a stowed position [rotational engagement means 30 such as conventional bearing riding inside of a race, or an axle engaged to a rotating center of a bearing, permits the rear wheel assembly 12 to rotate about its' longitudinal axis A-A [0035]] for the purpose of providing a scooter with a deck rotatable about the deck tube to aid in the performance of a variety of maneuvers by a rider.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the scooter taught by Powers to include the deck that is selectively rotatable about the deck tube between at least an operative position and stowed position as taught by Bellon because doing so would have provided a scooter with a deck rotatable about the deck tube to aid in the performance of a variety of maneuvers by a rider.
b. Regarding claim 2, Powers in view of Bellon teaches (references to Bellon) the scooter of claim 1, wherein deck 16 includes a support surface configured to receive the rider [riding platform 16 [0034]] defining a support surface plane that is horizontal when deck 16 is rotated to the operative position [rotating mechanism 23 provides a means to rotate the riding platform 16 [0037]] and non-horizontal when deck 16 is rotated to the stowed position [rotational engagement means 30 such as conventional bearing riding inside of a race, or an axle engaged to a rotating center of a bearing, permits the rear wheel assembly 12 to rotate about its' longitudinal axis A-A [0035]; FIG. 2 shows a detailed side profile view of one rotational engagement means 30 of the riding platform 16 [0036]].
c. Regarding claim 3, Powers in view of Bellon teaches the scooter of claim 1. Bellon further teaches deck 16 is secured in the operative position with one or more fasteners received through deck 16 and deck tube 32 [Also shown are clearance holes 38 through both collar 34 and shaft 32 that, when desired, may receive a locking pin (not shown) sized for a slidable engagement therein to lock the rear wheel assembly 12 in a rigid manner that does not permit rotation about axis AA [0038]] for the purpose of providing a locking pin to lock the deck in a rigid manner that does not permit rotation for when conventional riding in the operative position is desired.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the scooter taught by Powers in view of Bellon to include the deck secured in the operative position with one or more fasteners through the deck and deck tube as taught by Bellon because doing so would have provided a locking pin to lock the deck in a rigid manner that does not permit rotation for when conventional riding in the operative position is desired.
d. Regarding claim 4, Powers in view of Bellon teaches (references to Powers) the scooter of claim 1 wherein deck tube 18 extends along a length of deck 16 [As illustrated in FIG. 2, the riding platform of the scooter is composed of the deck tube 18 and a deck 78; channel 82 of the deck receives the deck tube 18, as illustrated in FIGS. 1 and 3 [0018]].
e. Regarding claim 5, Powers in view of Bellon teaches (references to Bellon) the scooter of claim 1 wherein deck tube 32 includes a circular cross-sectional profile [rotation of the mechanism 23 in turn causes the shaft 32 to rotate which is engaged to the riding platform 16 which will rotate as well. Thus, the rotating mechanism 23 provides the user a means to rotate the riding platform 16 [0037]].
f. Regarding claim 6, Powers in view of Bellon teaches (references to Powers) the scooter of claim 1 wherein deck 78 extends a length between a first end and an opposite second end, deck 78 including channel 82 that extends from an opening at the first end of the deck to an opening at the second end of the deck, wherein deck tube 18 is received through channel 82 [channel 82 of the deck receives the deck tube 18, as illustrated in FIGS. 1 and 3 [0018]].
g. Regarding claim 7, Powers in view of Bellon teaches (references to Powers) the scooter of claim 4 wherein channel 82 defines a bore through deck 78 [channel 82 of the deck receives the deck tube 18, as illustrated in FIGS. 1 and 3 [0018]].
h. Regarding claim 8, Powers in view of Bellon teaches (references to Powers) the scooter of claim 1 wherein head tube 22 of the neck assembly is arranged externally along a sidewall of steering tube 28 [The lower portion 28 of the steering column is pivotally received with the head tube 22 [0012]].
7. Claims 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Powers et al. (US Patent Publication 2013/0049334) in view of Bellon (US Patent Publication 2012/0326408) in view of Ulrich et al. (US 6,443,470).
a. Regarding claim 9, Powers in view of Bellon teaches the scooter of claim 1. Powers in view of Bellon does not specifically teach the steering tube defines a steering tube axis offset from the steering axis.
Ulrich teaches steering tube 16 defines a steering tube axis offset from steering axis A [FIG. 7 illustrates the steering geometry of a preferred embodiment of the invention; the wheel axis W and the steering axis A are both located aft of the centerline 71 of the steerer; centerline 71 is substantially parallel to the major axis of the elongated steerer, col. 3 lines 6-32] for the purpose of providing a steering geometry arranged to provide stable steering while allowing the front wheel to be located close to the platform so the scooter can collapse into a compact position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the scooter taught by Powers in view of Bellon to include the steering tube that defines a steering tube axis offset from the steering axis as taught by Ulrich because doing so would have provided a steering geometry arranged to provide stable steering while allowing the front wheel to be located close to the platform so the scooter can collapse into a compact position.
b. Regarding claim 10, Powers in view of Bellon teaches the scooter of claim 1. Powers in view of Bellon does not specifically teach the steering axis is located outside the steering tube.
Ulrich teaches steering axis A is located outside steering tube 16 [FIG. 7 illustrates the steering geometry of a preferred embodiment of the invention; the wheel axis W and the steering axis A are both located aft of the centerline 71 of the steerer; centerline 71 is substantially parallel to the major axis of the elongated steerer, col. 3 lines 6-32] for the purpose of providing a steering geometry arranged to provide stable steering while allowing the front wheel to be located close to the platform so the scooter can collapse into a compact position.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the scooter taught by Powers in view of Bellon to include the steering axis located outside the steering tube as taught by Ulrich because doing so would have provided a steering geometry arranged to provide stable steering while allowing the front wheel to be located close to the platform so the scooter can collapse into a compact position.
c. Regarding claim 11, Powers in view of Bellon teaches the scooter of claim 1.
Powers in view of Bellon does not specifically teach the neck assembly is selectively foldable about a hinge joint to place the scooter in at least an upright position, wherein the steering tube is approximately perpendicular to the deck tube, and a collapsed position, wherein the steering tube is approximately parallel to the deck tube.
Ulrich teaches neck assembly 13 is selectively foldable about hinge joint 14 to place the scooter in at least an upright position [Steerer support 13 rotates about pivot 14 and nests within the platform, col. 2 lines 47-48] wherein steering tube 16 is approximately perpendicular to the deck tube, and a collapsed position wherein steering tube 16 is approximately parallel to the deck tube [FIG. 1 is an overall perspective view of an embodiment of the invention shown in the deployed position; FIG. 2 is a perspective view of an embodiment of the invention shown in the folded position, col. 2 lines 7-10] for the purpose of providing for allowing the scooter to be folded into a more compact configuration that can be easily carried and stored when not in use.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the scooter taught by Powers in view of Bellon to include the neck assembly that is selectively foldable about a hinge joint to place the scooter in an upright position wherein the steering tube is approximately perpendicular to the deck tube, and a collapsed position wherein the steering tube is approximately parallel to the deck tube as taught by Ulrich because doing so would have provided for allowing the scooter to be folded into a more compact configuration that can be easily carried and stored when not in use.
d. Regarding claim 12, Powers in view of Bellon and Ulrich teaches (references to Bellon) the scooter of claim 11 wherein deck 16 [riding platform 16 [0034]] is selectively rotatable to the stowed position [shaft 32 extending from the front end of the riding platform 16 engages coaxially with the collar 34 of the rotational engagement means 30 [0036]; rotating mechanism 23 provides a means to rotate the riding platform 16; rotation of the mechanism 23 in turn causes the shaft 32 to rotate which is engaged to the riding platform 16 which will rotate as well [0037]] for providing the scooter with a deck rotatable about the deck tube to aid in the performance of a variety of maneuvers by a rider.
Powers in view of Bellon and Ulrich teaches (references to Ulrich) the scooter of claim 11 wherein
the scooter is in the collapsed position [FIG. 1 is an overall perspective view of an embodiment of the invention shown in the deployed position; FIG. 2 is a perspective view of an embodiment of the invention shown in the folded position, col. 2 lines 7-10] for allowing the scooter to be folded into a more compact configuration that can be easily carried and stored when not in use.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the Scooter taught by Powers in view of Bellon and Ulrich to make the deck selectively rotatable to the stowed position when the scooter is in the collapsed position because doing so would have provided for the scooter to be folded into a more compact configuration that can be more easily carried and stored when not in use.
8. Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent Publication 2002/0117826) in view of Powers et al. (US Patent Publication 2013/0049334) and Bellon (US Patent Publication 2012/0326408).
a. Regarding claim 13, Lee teaches a method for packaging scooter comprising a front frame assembly comprising a handlebar 10, 20 [As illustrated in FIGS. 2 and 3, the handlebar folding structure is comprised of two handlebars, namely, the right handlebar 10 and the left handlebar 20, a handlebar stem 30 [0016]], steering tube 33 and a rear frame assembly comprising neck assembly 70 operatively coupled to the front frame assembly such that the front frame assembly is rotatable about a steering axis relative to the rear frame assembly [Referring to FIGS. from 5 through 7, the head tube folding structure comprises a head tube mounting frame 70 fastened to the head tube 33 [0018]], neck assembly 70 being selectively foldable about hinge joint 93 [head tube mounting frame 70 fastened to the head tube 33, a footplate mounting frame 80 fixedly fastened to the front side of the footplate 34 and pivoted to the head tube mounting frame 70 by a pivot 93 [0018]], deck 34 [footplate 34 [0018]], and assembling the scooter into a packaged configuration comprising folding the scooter at hinge joint 93 to place the scooter in a collapsed position [head tube mounting frame 70 can be turned with the head tube 33 between the extended position shown in FIG. 7A to the collapsed position shown in FIG. 7B [0018]].
Lee does not specifically teach a front wheel supported by a front fork, a rear wheel assembly including a rear wheel supported by a rear fork and a deck tube that extends a length from the rear fork to a terminal end, the terminal end of the deck tube being attached to the neck assembly and a deck supported by the deck tube.
Powers teaches front wheel 12 supported by front fork 38 [front fork 38 engages the axle 42 of the front wheel 12 so that the front wheel is free to rotate [0012]], rear wheel assembly including rear wheel 14 supported by rear fork 54 [As illustrated in FIGS. 1 and 3, the rear wheel 14 is rotatably positioned between the forks of rear wheel fork 54 [0016]] and deck tube 18 that extends a length from rear fork 54 to a terminal end attached to the neck assembly [the riding platform includes a deck tube 18 [0010]] and deck 78 supported by deck tube 18 [As illustrated in FIG. 2, the riding platform of the scooter is composed of the deck tube 18 and a deck 78 [0018]] for the purpose of providing the scooter having a front wheel and handlebars pivotally attached to a leading portion of a deck tube by the steering column so the scooter may be provided with easily interchangeable decks so the appearance of the scooter can be changed with little cost for ease of assembly and repair.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the scooter taught by Lee to include a front wheel supported by a front fork, rear wheel assembly including a rear wheel supported by a rear fork and deck tube that extends from the rear fork to a terminal end attached to the neck assembly and a deck supported by the deck tube as taught by Powers because doing so would have provided the scooter with easily interchangeable decks so the appearance of the scooter can be changed easily with little cost for ease of assembly and repair.
Lee in view of Powers does not specifically teach the deck being rotatable relative to the deck tube and rotating the deck about the deck tube to place the deck in a stowed position.
Bellon teaches deck 16 [riding platform 16 [0034]] being rotatable relative to deck tube 32 and rotating deck 16 about deck tube 32 to place deck 16 in a stowed position [rotational engagement means 30 such as conventional bearing riding inside of a race, or an axle engaged to a rotating center of a bearing, permits the rear wheel assembly 12 to rotate about its' longitudinal axis A-A [0035]; shaft 32 extending from the front end of the riding platform 16 engages coaxially with the collar 34 of the rotational engagement means 30 [0036]; rotating mechanism 23 provides a means to rotate the riding platform 16; rotation of the mechanism 23 in turn causes the shaft 32 to rotate which is engaged to the riding platform 16 which will rotate as well [0037]] for the purpose of providing a scooter with a deck rotatable about the deck tube to aid in the performance of a variety of maneuvers by a rider.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the scooter taught by Lee in view of Powers to include the deck that is rotatable relative to the deck tube and rotating the deck about the deck tube to place the deck in a stowed position as taught by Bellon because doing so would have provided a deck rotatable about the deck tube to aid in the performance of a variety of maneuvers by a rider.
With respect to the steps of providing a carton and inserting the assembled scooter into the carton once the scooter is assembled into the packaged configuration, Lee expressly teaches collapsing the scooter for the purpose of reducing the space occupied by the scooter during storage. Once the scooter has been placed into the compact configuration taught by the combined references, placing that compact article into a conventional carton for storage, shipment, or sale would have been an obvious use of conventional packaging according to its established function. The claimed steps of providing a carton and inserting the already-collapsed scooter therein do not require any particular carton structure or unconventional relationship between the carton and scooter.
b. Regarding claim 14, Lee in view of Powers and Bellon teaches (references to Lee) the method of claim 13 wherein steering tube 33 [Referring to FIGS. from 5 through 7, the head tube folding structure comprises a head tube mounting frame 70 fastened to the head tube 33 [0018]] is approximately parallel to the deck tube when the scooter is in the packaged configuration [head tube mounting frame 70 can be turned with the head tube 33 between the extended position shown in FIG. 7A to the collapsed position shown in FIG. 7B [0018]].
c. Regarding claim 15, Lee in view of Powers and Bellon teaches (references to Lee) the method of claim 13 having deck 34 [footplate 34 [0018]] and steering tube 33 wherein the scooter is in the packaged configuration [head tube mounting frame 70 can be turned with the head tube 33 between the extended position shown in FIG. 7A to the collapsed position shown in FIG. 7B [0018]].
Lee in view of Powers and Bellon teaches (references to Bellon) the method of claim 13 having deck 16 [riding platform 16 [0034]], steering tube 22, and deck tube 32 [rotational engagement means 30 such as conventional bearing riding inside of a race, or an axle engaged to a rotating center of a bearing, permits the rear wheel assembly 12 to rotate about its' longitudinal axis A-A [0035]; shaft 32 extending from the front end of the riding platform 16 engages coaxially with the collar 34 of the rotational engagement means 30 [0036]; rotating mechanism 23 provides a means to rotate the riding platform 16; rotation of the mechanism 23 in turn causes the shaft 32 to rotate which is engaged to the riding platform 16 which will rotate as well [0037]] wherein deck 16 extends a width between a pair of side edges that extend along a length of deck 16 [FIGS. 1-2]. Please note in the combination of Lee, Powers, and Bellon, when the scooter is in the packaged configuration at least one of the pair of side edges is between the steering tube and the deck tube.
9. Claims 16 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent Publication 2002/0117826) in view of Powers et al. (US Patent Publication 2013/0049334), Bellon (US Patent Publication 2012/0326408), and Kim (US Patent Publication 2013/0048401).
a. Regarding claim 16, Lee in view of Powers and Bellon teaches (references to Lee) the method of claim 13 includes assembling the scooter into the packaged configuration [head tube mounting frame 70 can be turned with the head tube 33 between the extended position shown in FIG. 7A to the collapsed position shown in FIG. 7B [0018]], handlebar 10, 20 [As illustrated in FIGS. 2 and 3, the handlebar folding structure is comprised of two handlebars, namely, the right handlebar 10 and the left handlebar 20, a handlebar stem 30 [0016]], steering tube 33 [Referring to FIGS. from 5 through 7, the head tube folding structure comprises a head tube mounting frame 70 fastened to the head tube 33 [0018]], and deck 34 [footplate 34 [0018]].
Lee in view of Powers and Bellon does not specifically teach placing the handlebar in a space between the steering tube and deck of the scooter.
Kim teaches a scooter having removable handlebars 112 and a scooter frame defining void 102 and placing removable handlebars 112 [Scooter 100 further includes a steering assembly having at least one removable component, said steering assembly includes removable component 110, fixed component 111 and removable handlebars 112 [0019]] within void 102 when the scooter is in a packaged configuration [FIG. 1B is an illustration of a packaged disassembled scooter according to an embodiment of the invention. In this embodiment, components 103-108, 110, 112, 113, 116 and 117 are shown to be placed within void 102 [0022]] for the purpose of providing for utilizing otherwise available space and thereby reduce the volume occupied by the scooter when packaged for transportation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by Lee in view of Powers and Bellon to include placing the handlebar in a space between the steering tube and deck of the scooter in accordance with Kim's teaching of placing removable steering components, including the handlebars, within available void space defined by the scooter frame because doing so would have provided for utilizing otherwise available space and thereby reduce the volume occupied by the scooter when packaged for transportation.
b. Regarding claim 17, Lee in view of Powers, Bellon, and Kim teaches (references to Lee) the method of claim 16 having handlebar 10, 20 [As illustrated in FIGS. 2 and 3, the handlebar folding structure is comprised of two handlebars, namely, the right handlebar 10 and the left handlebar 20, a handlebar stem 30 [0016]], steering tube 33 [Referring to FIGS. from 5 through 7, the head tube folding structure comprises a head tube mounting frame 70 fastened to the head tube 33 [0018]], and wherein deck 34 [footplate 34 [0018]] extends a width between a pair of side edges that extend along a length of deck 34 when the scooter is in the packaged configuration [the collapsed position shown in FIG. 7B [0018]].
Lee in view of Powers, Bellon, and Kim teaches (references to Kim) the method of claim 16 includes placing removable handlebars 112 [Scooter 100 further includes a steering assembly having at least one removable component, said steering assembly includes removable component 110, fixed component 111 and removable handlebars 112 [0019]] within void 102 when the scooter is in a packaged configuration [FIG. 1B is an illustration of a packaged disassembled scooter according to an embodiment of the invention. In this embodiment, components 103-108, 110, 112, 113, 116 and 117 are shown to be placed within void 102 [0022]] for the purpose of providing for utilizing otherwise available space and thereby reduce the volume occupied by the scooter when packaged for transportation.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by Lee in view of Powers, Bellon, and Kim to include placing the handlebar in a space between the steering tube and deck of the scooter in accordance with Kim's teaching of placing removable steering components, including the handlebars, within available void space defined by the scooter frame because doing so would have provided for utilizing otherwise available space and thereby reduce the volume occupied by the scooter when packaged for transportation.
10. Claims 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent Publication 2002/0117826) in view of Powers et al. (US Patent Publication 2013/0049334), Bellon (US Patent Publication 2012/0326408), and Ridgeway et al. (US 5,678,695).
a. Regarding claim 18, Lee in view of Powers and Bellon teaches (references to Lee) the method of claim 13 wherein the scooter is maintained in the packaged configuration [the collapsed position shown in FIG. 7B [0018]].
Lee in view of Powers and Bellon does not specifically teach attaching the scooter to a backing panel, the scooter is maintained in the packaged configuration by the backing panel, and inserting the backing panel and the scooter into the carton.
Ridgeway teaches attaching the scooter O to backing panel 11 [A packaging structure for holding an object securely against a rigid backing, abstract, claim 1; panel 11 through which an object O to be packaged can be inserted, col. 5 lines 31-32] wherein the scooter is maintained in the packaged configuration by backing panel 11 [retention of the packaged object O against the panel 11, col. 5 lines 62-63] and inserting backing panel 11 and the scooter into the carton 25 [panel 11 may then be inserted into a box 25 having inner dimensions which correspond in height, width and length to the folded structure 11. Thus, the object O is securely packaged against the rigid panel 11 which is in turn securely packaged within the box 25, col. 5 lines 66-67 - col. 6 lines 1-3] for the purpose of providing for securing the scooter against a rigid support panel to restrain the scooter against uncontrolled movement during shipping and handling and preventing impact damage.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by Lee in view of Powers and Bellon to include attaching the scooter to a backing panel, the scooter is maintained in the packaged configuration by the backing panel, and inserting the backing panel and the scooter into the carton as taught by Ridgeway because doing so would have provided for securing the scooter against a rigid support panel to restrain the scooter against uncontrolled movement during shipping and handling and preventing impact damage.
b. Regarding claim 19, Lee in view of Powers, Bellon, and Ridgeway teaches (references to Bellon) the method of claim 18 wherein rotatable deck 16 [rotation of the mechanism 23 in turn causes the shaft 32 to rotate which is engaged to the riding platform 16 which will rotate as well [0037]] includes a support surface defining a support surface plane [riding platform 16 [0034]].
Lee in view of Powers, Bellon, and Ridgeway teaches (references to Ridgeway) the method of claim 18 having a plane defined by backing panel 11 when scooter O is attached to backing panel 11 [A packaging structure for holding an object securely against a rigid backing, abstract, claim 1; panel 11 through which an object O to be packaged can be inserted, col. 5 lines 31-32; retention of the packaged object O against the panel 11, col. 5 lines 62-63; object O is securely packaged against the rigid panel 11 which is in turn securely packaged within the box 25, col. 5 lines 66-67 - col. 6 lines 1-3]. Please note in the combination of Lee, Powers, Bellon, and Ridgeway the support surface plane is approximately parallel to a plane defined by the backing panel when the scooter is attached to the backing panel.
11. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (US Patent Publication 2002/0117826) in view of Powers et al. (US Patent Publication 2013/0049334), Bellon (US Patent Publication 2012/0326408), Ridgeway et al. (US 5,678,695), and Parish (US 5,295,630).
a. Regarding claim 20, Lee in view of Powers, Bellon, and Ridgeway teaches (references to Ridgeway) the method of claim 13 having carton 25 [object O is securely packaged against the rigid panel 11 which is in turn securely packaged within the box 25, col. 5 lines 66-67 - col. 6 lines 1-3].
Lee in view of Powers, Bellon, and Ridgeway does not specifically teach a peggable carton.
Parish teaches a peggable carton [As can be seen from FIG. 5, the holes 20, 21 and 22 align appropriately when the carton is in the closed condition so that the carton may be readily hung for display purposes, col. 6 lines 41-44] for the purpose of providing a carton that may be readily hung for display purposes and viewed by the consumer.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method taught by Lee in view of Powers, Bellon, and Ridgeway to include a peggable carton as taught by Parish because doing so would have provided a carton that may be readily hung for display purposes and viewed by the consumer.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jeffrey Ryan Larsen whose telephone number is (571) 270-5458. The examiner can normally be reached on Monday-Thursday 8am-4pm est.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Amy Weisberg can be reached on (571) 270-5500. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J. R. L./
Examiner, Art Unit 3612
/AMY R WEISBERG/Supervisory Patent Examiner, Art Unit 3612
Prosecution Insights