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
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
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.
Claims 10-20 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 pre-AIA the applicant regards as the invention. Regarding claim 10, “and comprises an indentation” is vague and indefinite as to what element comprises such indentation. Claim 11, line 8, “and comprises an indentation” is also vague and indefinite as to what element comprises such indentation. Claims 12-20 are also rejected as they depend from rejected independent claim 11.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 9-14, 16, 17, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Van Straaten et al (US Patent no. 9981706)
Regarding claim 1, Van Straaten discloses a scooter stand comprising: a vertical frame (34, figure 1); a horizontal frame (14) perpendicularly coupled to a bottom end of the vertical frame and comprising a front bar (30) coupled to a front end of the horizontal frame; a ramp (82) carried by the horizontal frame; a wheel stop (channel 42 receive wheel 64, figure 4) disposed between the ramp (82) and the vertical frame (34); wherein the ramp (82), the wheel stop (16), and the horizontal frame (14) form a receptacle (24); and a yoke (44) having an open end (figure 1) facing a rear end (26) of the horizontal frame, the yoke (44) being coupled to a top end of the vertical frame (34) and positioned between the front bar (30) and an intersection (18) of the vertical frame (34) and the horizontal frame (14).
Regarding claim 2, Van Straaten discloses the scooter stand of claim 1, wherein the vertical frame comprises an adjustment mechanism (40) to vary a height of the vertical frame.
Regarding claim 3, Van Straaten discloses the scooter stand of claim 1, wherein the vertical frame further comprises two outer vertical bars (side walls 16) and two inner vertical bars (side walls 36); and wherein each of the inner vertical bars (36) is movably disposed within the outer vertical bars (16).
Regarding claim 4, Van Straaten discloses the scooter stand of claim 3, wherein the scooter stand further comprises a first locking mechanism (40) positioned at an overlapping portion (lock 40 connects the overlapping end portions of 16 and 36) of each of the outer vertical bars and each of the inner vertical bars and is configured to lock the vertical frame at a desired height.
Regarding claim 5, Van Straaten disclose the scooter stand of claim 1, wherein the scooter stand further comprises a linking bar (18) coupled to the vertical frame.
Regarding claim 6, Van Straaten disclose the scooter stand of claim 1, wherein the scooter stand further comprises at least one support (18) wherein the at least one support couples to the vertical frame (34) on one end (50) and couples to the horizontal frame (14) on another end (note that angled bracket 18 is secured to 14 via fastener 50).
Regarding claim 9, Van Straaten discloses the scooter stand of claim 1, wherein the ramp (82) has a first sloped surface and a second sloped surface (ramp 82 is shaped semicircular as shown in figure 1 with the first sloped surface inclines toward a rear end 26 of the horizontal frame 14 and the second sloped surface inclines toward a front end 28 of the horizontal frame 14).
Regarding claim 10, Van Straaten discloses the scooter stand of claim 9, wherein the first sloped surface inclines toward a rear end (26) of the horizontal frame (14) and the second sloped surface inclines toward a front end (28) of the horizontal frame (14) and comprises an indentation (distal end channel portion at 28).
Regarding claim 11, Van Straaten discloses a scooter stand comprising: a vertical frame (34, figure 1); a horizontal frame (14) perpendicularly coupled to a bottom end of the vertical frame and a ramp (82) carried by the horizontal frame and having a first sloped surface and a second sloped surface (ramp 82 is shaped semicircular as shown in figure 1) wherein the first sloped surface inclines toward a rear end (26) of the horizontal frame (14) and the second sloped surface inclines toward a front end (28) of the horizontal frame (14) and comprises an indentation (distal end channel portion at 28); a wheel stop (channel 42 receive wheel 64, figure 4) disposed between the ramp (82) and the vertical frame (34); wherein the indentation (distal end channel portion at 28), the wheel stop (channel 42 receive wheel 64, figure 4), and the horizontal frame (14) form a receptacle (24); and a yoke (44) having an open end (figure 1) facing a rear end (26) of the horizontal frame, the yoke (44) being coupled to a top end of the vertical frame (34).
Regarding claim 12, Van Straaten discloses the scooter stand of claim 11, wherein the vertical frame comprises an adjustment mechanism (40) to vary a height of the vertical frame.
Regarding claim 13, Van Straaten discloses the scooter stand of claim 11, wherein the vertical frame further comprises two outer vertical bars (side walls 16) and two inner vertical bars (side walls 36); and wherein each of the inner vertical bars (36) is movably disposed within the outer vertical bars (16).
Regarding claim 14, Van Straaten discloses the scooter stand of claim 13, wherein the scooter stand further comprises a first locking mechanism (40) positioned at an overlapping portion (lock 40 connects the overlapping end portions of 16 and 36) of each of the outer vertical bars and each of the inner vertical bars and is configured to lock the vertical frame at a desired height.
Regarding claim 16, Van Straaten disclose the scooter stand of claim 11, wherein the scooter stand further comprises a linking bar (18) coupled to the vertical frame.
Regarding claim 17, Van Straaten disclose the scooter stand of claim 11, wherein the scooter stand further comprises at least one support (18) wherein the at least one support couples to the vertical frame (34) on one end (50) and couples to the horizontal frame (14) on another end (note that angled bracket 18 is secured to 14 via fastener 50).
Regarding claim 20, Van Straaten discloses the scooter stand of claim 11, wherein the yoke (44) has a substantially U-shaped profile (figure 1).
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 7 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Van Straaten et al (US Patent no. 9981706) in view of Vineyard (US Publication no.20130270201). Van Straaten discloses all the claimed features of applicant’s invention except for the scooter stand further comprises a strap on the vertical frame. Vineyard teaches bicycle stand comprising a strap (40, figure 1) on the vertical frame (12) wherein “The bicycle retention safety strap (40) secures the bicycle to the rack” (see paragraph [0014], last two lines). It would have been obvious to one of ordinary skilled in the art to have modify the stand of Van Straaten such that the stand further comprises a strap on the vertical frame for securing the bicycle/scooter to the rack as taught to be desirable by Vineyard.
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Van Straaten et al (US Patent no. 9981706) in view of Gu (US Patent no. 11352083 ). Van Straaten discloses all the claimed features of applicant’s invention except for the scooter stand further comprises a helmet hanger on the vertical frame. Gu (US Patent no. 11352083 ) teaches bicycle stand comprising a helmet hanger (4) on the vertical frame (11) for hanging accessories such as a helmet (figure 6). It would have been obvious to one of ordinary skilled in the art to have modify the stand of Van Straaten such that the stand further comprises a helmet hanger on the vertical frame for hanging accessories such as a helmet as taught to be desirable by Gu.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Van Straaten et al (US Patent no. 9981706) in view of Fagan (US Patent no. 8360252).
Regarding claim 15, Van Straaten discloses the scooter stand of claim 14, wherein the first locking mechanism (40) comprises a fastener (40) but does not disclose that the fastener is a set of bolt and nut.
However, such bolt and nut to secure two arms together is conventional and well-known in the connection art. Fagan teaches use of a locking mechanism for arm (28a, 28b) to the base (16) via set of bolt (44) and nut (46, figure 7). It would have been obvious to one of ordinary skilled in the art to have modify the first locking mechanism of Van Straaten with set of bolt and nut since such locking mechanism are conventional and well-known in the connection art as demonstrated by Fagan.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art of record further demonstrate scooter and bike stands of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ko (Korie) H Chan whose telephone number is (571)272-6816. The examiner can normally be reached on Monday -Friday, 8:00 - 5:00 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached on 571-272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Ko H Chan/Primary Examiner, Art Unit 3631
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