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
This action is responsive to the amendment filed 09/27/2026:
Claims 1-20 have been examined.
Claims 1-2, 12 and 15 have been amended by Applicant.
Claims 17-20 newly added.
Legend: "Under BR/"= "under broadest reasonable interpretation;"
"[Prior Art/Analogous/Non-Analogous Art Reference] discloses through the invention" means "See/read entire document;"
Paragraph [No . .]= e.g., Para [0005] = paragraph 5; P = page, e.g., p4 = page 4; C = column, e.g. c3 = column 3;
Ln = line, e.g., ln25 = line 25; ln25-36 = lines 25 through 36.
Response to Amendment
Drawings
1. Applicant’s arguments in the remarks filed 09/27/2026 and in during the Applicant-Initiated interview held on 09/10/2026 have overcome the drawings objections to from the previous Office Action.
Claim Interpretation
1. Applicant’s arguments in the remarks filed 09/27/2026 regarding to the claim interpretation are acknowledged and considered.
Claim Rejections - 35 USC § 112
1. Applicant’s arguments in the remarks filed 09/27/2026 and in during the Applicant-Initiated interview held on 09/10/2026 have overcome the 112(a) or 112, 1st paragraph, rejections and the 112(b) or 112, 2nd paragraph, rejections to claims 1-16 from the previous Office Action.
Claim Rejections - 35 USC § 103
1. Applicant’s amendments have overcome the 103 rejections to claims 1-16 from the previous Office Action.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the "right to exclude" granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Langi, 759 F.2d 887,225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937,214 USPQ 761 (CCPA 1982); lnre Vogel, 422 F.2d 438,164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321 (c) or 1.321 (d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(1)(1) - 706.02(1)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321 (b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patenUpatents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTDinfo-l.jsp.
1. Claims 1-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 18-19 and 28 of U.S. Patent No.: 12330735 in view of Espeset (US20160379415).
Although the claims at issue are not identical, they are not patentably distinct from each other because of the following:
it is obvious that narrower claim combination of narrower claims 1, 18-19 and 28 of U.S. Patent No.: 12330735 covers broader claim 1, as currently amended, of the instant application, wherein the “seatpost” in the U.S. Patent No.: 12330735 covers the “rider-posture changing device” in the instant application.
U.S. Patent No.: 12330735 does not explicitly disclose through the invention (or is missing) a camera configured to capture a real-time image of at least one of a forward view, a rearward view, a right view, and a left view of the human-powered vehicle; the camera being electrically connected to the electronic controller, the electronic controller being configured to receive the real-time image from the camera.
However, Espeset teaches these limitations/features through the invention (see entire document), particularly in fig. 8, 10-12, 14-19 Para [0142-0143] - teaching one or more video cameras used, with each video camera capturing a portion of the surrounding environment; the video camera(s) attached to a moving vehicle (e.g. cars, bicycles, humans, boats, planes, or flying drones, etc.) as the vehicle moves through an environment, with each camera capturing directed towards a particular angle such that the combined cameras are able to capture a complete 360 degree view of the surrounding environment; one or more cameras used that use a panoramic lens, a 360 degree view lens, a fish-eye lens, and/or other types of lenses that may be able to capture varying amounts of the surrounding environment with varying degrees of pixel accuracy; a single video camera that utilizes a 360 degree view lens used to capture the surrounding environment.
It would have been obvious to one of ordinary skill in the art, who is also a person of ordinary creativity, not an automation, before the effective filing date of the claimed invention, to modify the teaching of U.S. Patent No.: 12330735 by incorporating, applying and utilizing the above steps, technique and features as taught by Espeset, who is in the same field of endeavor. A person of ordinary skill, ordinary creativity would have been motivated to do so, with a reasonable expectation of success, for the purpose of and/or in order to generate a 360 degree mixed virtual reality environment that provides a 360 degree view of an environment (see entire Espeset document, particularly abstract).
1.1 Claims 2-20 rejected under the nonstatutory double patenting rejections, because of their dependencies on rejected independent claim 1.
Allowable Subject Matter
1. Claim 1 would be allowable if rewritten or amended to overcome the nonstatutory double patenting rejections set forth in this Office action.
2. Claims 2-20 would be allowable if rewritten to overcome the nonstatutory double patenting rejections set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
3. The following is an examiner's statement of reasons for allowance:
In regards to claims 1-20, in performing initial search and additional search, in response to the amended claims and Applicant's arguments filed 09/27/2026, and Applicant's arguments during the Applicant-Initiated interview held on 09/10/2026, and upon Examiner's reconsideration, the Examiner was able to find the closest prior art of record, which is STEPHENS (US20230202608) taken either individually or in combination with other prior art of Espeset (US20160379415), BIDERMAN (CA3162488A1), Yamazaki (US20190300109) and U.S. Patent No.: 12330735, who describe various systems and methods associated with protecting a rider of an electric bicycle from hazards while riding their bicycle that enhance the safety of the rider in response current detected conditions surrounding the rider, such as conditions associated with the route or path traveled by the rider, other vehicles within the route or path traveled by the rider, potential hazards within the route or path traveled by the rider, environmental conditions through which the rider is traveling, and so on.
In regards to claims 1-20, STEPHENS (US20230202608) taken either individually or in combination with other prior art of record fail to teach or render obvious the following feature(s) / limitation(s):
electronic controller configured to control the rider-posture changing device to change a state of the rider-posture changing device between a lock state and an adjustable state based upon the road object information relating to the road objects around the human-powered vehicle.
RELEVANT PRIOR ART THAT WAS CITED BUT NOT APPLIED
The following relevant prior art references that were found by the Examiner while performing initial and/or additional search, cited but not applied:
Yu (CN104590479A) - (see entire Yu document, particularly abstract - teaching a transmission device for bicycle, bicycle, the bicycle speed changing method and device, wherein the bicycle speed changing device comprises: an information collecting module for collecting the current bicycle riding information corresponding to the control plate; for storing the collected information, the communication module that sends the gear ratio into the corresponding control signal, and sends the control signal to the transmission, a communication module for transmitting information to the server through the preset APP to make the server according to information and the APP from the preset user information calculate the gear ratio, and receiving from the server by predetermined APP gear ratio and transmission gear ratio to a control board, a transmission for automatic adjustable gear according to the received control signal; realizing under the condition of non-active control that automatically adjusts the speed change gear according to the user condition, road condition and other information so that the user can always maintain an optimal driving state.
Kao (US5295727) - (see entire Kao document, particularly abstract - teaching a bicycle seat adjusting device, particularly a device to adjust the seat forward or backward and to adjust its inclination degree, comprising an adjusting shaft placed within an U-shaped support at the upper end of seat post so that the adjusting shaft can be locked by two retainers on opposite sides; the adjusting shaft designed with radial positioning holes for fitting an adjusting lever so that turning of the adjusting lever can tighten or loosen the retainers for fitting or adjusting of the seat to a desired position);
SMITS (WO2019059759A1) - (see entire SMITS document, particularly abstract - teaching a bicycle trainer comprising a seat, handlebars and rotatable pedals, and an electronically variable brake acting directly or indirectly on the rotatable pedals with a braking resistance that depends on a predetermined setting of a computer-controller, which predetermined setting is variable and depends on selected parameters to reflect simulated cycling conditions comprising at least one of a road, wind conditions and a cyclist, wherein the bicycle trainer excludes a flywheel and includes a variable-ratio transmission system and that the predetermined setting of the braking resistance also depends on a setting or change of setting of the variable-ratio transmission system so as to simulate a level of inertia or change of inertia as experienced by an outdoor cyclist when changing the variable-ratio transmission system);
WU XIN (CN213473362U) - (see entire WU XIN document, particularly abstract - teaching utility model that belongs to the technical field of scooters, and particularly relates to a scooter frame and a scooter with the same, the scooter frame that comprises a bracket, a seat and an adjusting mechanism, the seat arranged for a user to sit, the seat connected to the bracket through the adjusting mechanism, and the adjusting mechanism arranged on the bracket; the adjusting mechanism arranged to change the position of the seat relative to the bracket in the horizontal direction so as to meet the requirements of different users; according to the bicycle frame, the seat connected to the bracket through the adjusting mechanism, the position of the seat relative to the bracket in the horizontal direction is changed through the adjusting mechanism, so that the gravity center position of the whole bicycle frame is changed, and the relative position between the seat and the bracket is matched with users with different body types, heights and body defects; the user that can drive the scooter in the most comfortable sitting posture, and the experience feeling and the comfort degree of the user improved; and after adjustment of the adjusting mechanism, the requirements of different road conditions for the gravity center position that can be met, and the stability of the scooter in the running process improved).
Response to Arguments
1. Applicant’s arguments with respect to the nonstatutory double patenting rejection to the currently amended claims 1-20 have been considered but are moot in view of the new ground(s) of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Primary Examiner YURI KAN, P.E., whose phone number is 571-270-3978. The examiner can normally be reached on Monday-Friday.
If attempts to reach the examiner by phone are unsuccessful, you may contact the examiner's supervisor, Mr. Jelani Smith, who can be reached on 571-270-3969. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YURI KAN, P.E./ Primary Examiner, Art Unit 3662
