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 § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claims 12 and 13 ae rejected as the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claimed invention is directed to non-statutory subject matter. Claim 12 does not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a computer program per se without any structural recitations. Claim 13 does not fall within at least one of the four categories of patent eligible subject matter because the claim is directed to a computer readable medium that can be a carrier wave.
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.
(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 8, 10-11, and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schifferdecker et al. WO 2013/041276 A2.
Schraff et al. discloses a method for automatically preventing a bicycle 1 from rolling backwards on a slope 2, the bicycle comprising a crank unit and an electrical propulsion system, the electrical propulsion system including at least one electric motor 30, the method comprising:
determining a current inclination angle α of the bicycle and a current output rotational speed v of the bicycle;
comparing the current inclination angle α with an inclination angle threshold value (see paragraph 0031 “It should be noted that the activation of the anti-rollback function can also be subject to further conditions, for example, that the inclination angle α must be greater than a specified limit angle”;
comparing the current output rotational speed (nab) with an output rotational speed threshold value (see paragraph 0011 “For example, a high-resolution speed sensor that can distinguish between forward and backward rolling, or a sensor that measures pedal rotation, and also a motor speed sensor can provide information about any backward rolling of the electric bicycle”); and increasing a motor torque of the at least one electric motor to a holding torque when the current inclination angle exceeds the inclination angle threshold value and the current output rotational speed exceeds the output rotational speed threshold value (see paragraph 0012); wherein the motor torque is permanently controlled in a closed loop according to the current output rotational speed and according to the current inclination angle; wherein a control device 10 is connectable to the electrical propulsion system of the bicycle for signal exchange, and wherein the control device carries out the method.
Allowable Subject Matter
Claims 9 is 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kevin Hurley whose telephone number is (571)272-6646. The examiner can normally be reached Monday-Thursday 9 am-5:30 pm Kevin.Hurley@USPTO.GOV.
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, Valentin Neacsu can be reached at 571-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KEVIN HURLEY/
Primary Examiner
Art Unit 3611
September 15, 2026
Prosecution Insights