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 .
DETAILED ACTION
Claims 1 – 20 have been examined.
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.
Claims 1, 4 – 9, 11 – 12, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lagar (FR3102972), cited by Applicant. In regard to claim 1, Lagar discloses a mobility device for transporting a user, the mobility device comprising a first wheel (Fig. 1, item 23), a second wheel (Fig. 1, item 31), a headtube coupled to the first wheel (Fig. 1, item 21), a body configured to support the user, the body being coupled to the second wheel (Fig. 1, item 32), a first linkage connected between the headtube and the body, the first linkage being pivotally coupled to the headtube and to the body (Fig. 1, item 13), and a second linkage connected between the headtube and the body, the second linkage being pivotally coupled to the headtube and to the body (Fig. 1, item 10), wherein the first and second linkages permit the headtube to rotate and translate relative to the body to move between a deployed configuration and a folded configuration of the mobility device (Figs. 1 and 2), and wherein one of the first and second linkages comprises a protrusion, and the body comprises a locking mechanism to hold the mobility device in the deployed configuration, the protrusion fitting into the locking mechanism to hold the mobility device in the deployed configuration (Fig. 1, items 40 and 33).
In regard to claim 4, Lagar discloses a front fork, the front fork being attached to the first wheel to permit the first wheel to rotate about a first rolling axis; wherein the first wheel is coupled to the headtube by the front fork so that the first rolling axis has freedom to rotate relative to the headtube (Fig. 1 & paragraph 17).
In regard to claim 5, Lagar discloses wherein the body is coupled to the second wheel to permit the second wheel to rotate about a second rolling axis (Fig. 1 & paragraph 17).
In regard to claim 6, Lagar discloses wherein the first wheel has a first rolling axis and the second wheel has a second rolling axis, in the deployed configuration the mobility device has a first distance between the first rolling axis and the second rolling axis, in the folded configuration the mobility device has a second distance between the first rolling axis and the second rolling axis, and the second distance is less than the first distance (Figs. 1 and 2).
In regard to claim 7, Lagar discloses wherein in the folded configuration the first wheel is located inboard of a front edge of the body (Fig. 2, when the device is placed with the handle against the ground and the wheels toward the rear).
In regard to claim 8, Lagar discloses wherein in the deployed configuration the first wheel is located outboard of a front edge of the body (Fig. 1).
In regard to claim 9, Lagar discloses wherein the first linkage is pivotally coupled to the headtube at a first location, the second linkage is pivotally coupled to the headtube at a second location, and the first location is positioned closer to the first wheel on the headtube than the second location (Fig. 1).
In regard to claim 11, Lagar discloses wherein in the deployed configuration the first wheel is positioned to contact a running surface (Fig. 1).
In regard to claim 12, Lagar discloses wherein the first linkage comprises a curved profile proximal to where the first linkage is coupled to the body and a straight profile proximal to where the first linkage is coupled to the headtube (Fig. 1).
In regard to claim 16, Lagar discloses wherein the first wheel has a first rolling axis and the second wheel has a second rolling axis, in the folded configuration the mobility device has a second distance between the first rolling axis and the second rolling axis, the mobility device has a third distance between a front edge of the body and the second rolling axis, and the second distance is less than the third distance (Figs. 1 and 2).
Allowable Subject Matter
Claim 3 is allowed.
Claims 2, 10, 14 – 15, and 17 – 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.
The following is a statement of reasons for the indication of allowable subject matter: Lagar (FR3102972) discloses a mobility device similar to the instant invention; however Lagar, either alone or in combination, neither discloses nor suggests a mobility device wherein (in regard to claims 2 – 3) the headtube is configured to engage with the body proximal to the second wheel in the folded configuration, (in regard to claim 10) wherein the first linkage is pivotally coupled to the body at a third location, the second linkage is pivotally coupled to the body at a fourth location, and the fourth location is positioned closer to the second wheel on the body than the third location, (in regard to claim 13) wherein the second linkage comprises a curved profile proximal to where the second linkage is coupled to the body and a straight profile proximal to where the second linkage is coupled to the headtube, and (in regard to claim 14) a front fork, a stem, and a securing device, the front fork and the stem being pivotally connected together and the securing device limiting the motion of the stem relative to the front fork so that the stem and front fork are lockable in a deployed configuration and a folded configuration. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Mei et al. (9,718,512) disclose a foldable scooter;
Newby et al. (11,008,061) disclose a tri-mode collapsible scooter;
Schauble et al. (2003/0001351) disclose a foldable scooter;
Yo (2003/0227154) discloses a hand-pull powered scooter;
Ransenberg et al. (WO2014/013486) disclose a motorized vehicle.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613
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