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 .
Priority
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. 29/836810, fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application.
Design application '810 does not provide support in the Specification and the Drawings, for the claimed limitations, “each of the right and left side protrusions having an end including a circular light, the handlebar structure further including an attached headlight on a front end, wherein the base is provided, on each of right and left sides of the base, with arc- like light bars, and wherein the rear housing is provided with an internal light source that, when turned on, projects, through an orifice at the rear of the rear housing, light onto a road or a surface on which the scooter is ridden upon, a pre-defined distance behind the scooter” of claim 1, and the limitations of claims 2-11. Therefore, the effective filing date of claims 1-11 is taken as that of the Instant Application, which is May 20, 2025.
Drawings
The drawings are objected to because the parts are not labeled with reference characters/numerals.
See 37 C.F.R. 1.74 Reference to drawings.When there are drawings, there shall be a brief description of the several views of the drawings and the detailed description of the invention shall refer to the different views by specifying the numbers of the figures, and to the different parts by use of reference letters or numerals (preferably the latter).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: the parts of the invention do not have reference characters/numerals.
Appropriate correction is required.
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.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bugatti - Electric Scooter (https://www.amazon.com/Bugatti-Electric-Scooter-Suspension-Support/dp/B0CLPSQTTY?th=1) (first available 10/24/2023)
Regarding claim 1, Bugatti discloses “A scooter, comprising:
a base configured to support a rider (labeled in Fig. 1 below, drawn from the first image), the base configured to connect to a vertical shaft at a front portion of the base via a cylindrical tubular structure (labeled in Fig. 1 below); a rear housing including a rear fender, and a rear wheel and tire (labeled in Fig. 1 below), the housing integrated in the base at a rear end of the base (seen in Fig. 1); a vertical shaft (labeled in Fig. 1 below), placed through the cylindrical tubular structure, the vertical shaft terminating at a bottom end in a pickle-fork structure provided with a front wheel and tire (labeled in Fig. 1 below); and a handlebar structure attached to an upper end of the vertical shaft, including right and left side protrusions configured to be grasped by a user when riding the scooter (labeled in Fig. 1 below), each of the right and left side protrusions having an end including a circular light (labeled in Fig. 1-2 below, Fig. 2 drawn from the 5th provided image), the handlebar structure further including an attached headlight on a front end (seen in Fig. 3 below, drawn from the Product Description pictures), wherein the base is provided, on each of right and left sides of the base, with arc- like light bars (seen in Fig. 1-2 below), and wherein the rear housing is provided with an internal light source that, when turned on, projects, through an orifice at the rear of the rear housing, light onto a road or a surface on which the scooter is ridden upon, a pre-defined distance behind the scooter (seen in Fig. 2 below, and Fig. 4 below, drawn from 0:10 (or -0:50) of the product video).”
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Regarding claim 2, Bugatti discloses the invention of claim 1, as cited above, and further discloses “the front tire and rear tire are self-repairing (from “About this Item”: Bugatti 10" electric scooter for adults comes with 10 Inches pneumatic tires, SELF REPAIRING TIRE function, and high control sensitivity. The front and rear independent suspension can greatly absorb the discomfort caused by rough roads.”).
Regarding claim 3, Bugatti discloses the invention of claim 1, as cited above, and further discloses “a flat touch screen interface (from “About this Item”: “This Bugatti Scooter has Touch Screen Display - It shows speed, mode, battery power, cruise control and headlight functions. With turn signals capabilities on the front and back of this scooter.”).
Regarding claim 4, Bugatti discloses the invention of claim 3, as cited above, and further discloses “the flat touch screen interface has controls and a speedometer and odometer (from “About this Item”: “This Bugatti Scooter has Touch Screen Display - It shows speed, mode, battery power, cruise control and headlight functions. With turn signals capabilities on the front and back of this scooter.”, and seen in Fig. 6 below).
Regarding claim 5, Bugatti discloses the invention of claim 3, as cited above, and further discloses “the flat touch screen interface has a smooth surface (seen in Fig. 6 below, drawn from the Product Description section), and may be used to control at least one of: power headlight on/off, power ambient light, hologram light, and rear light on/off, scooter power on / off, or toggle between total mileage and trip mileage readouts of an odometer (from “About this Item”: “This Bugatti Scooter has Touch Screen Display - It shows speed, mode, battery power, cruise control and headlight functions. With turn signals capabilities on the front and back of this scooter.”).
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Regarding claim 6, Bugatti discloses the invention of claim 3, as cited above, and further discloses “the flat touch screen interface has a smooth surface, and may be used to at least one of:switch between "eco", "comfort" and "sport" modes of riding; or turn power cruising on and off (from the “About this Item”: “This E-Scooter comes with 1000W power. It has Three Speeds; Eco Mode (15 MPH), Comfort Mode (18 MPH) and Sport Mode (22 MPH). This also comes with Hidden Rear Spring Shock Absorbers for all speed controls. It has the Ability to use cruise control by Long-Pressing of the power throttle for more than 6 seconds.”).
Regarding claim 7, Bugatti discloses the invention of claim 3, as cited above, and further discloses “the flat touch screen interface includes a passcode entry interface, wherein a rider enters a passcode in order to turn on the scooter (seen in Fig. 5 below, drawn from the “Product Description” section).”
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Regarding claim 8, Bugatti discloses the invention of claim 1, as cited above, and further discloses “the base includes a rear suspension mechanism (from “About this Item”: Bugatti 10" electric scooter for adults comes with 10 Inches pneumatic tires, SELF REPAIRING TIRE function, and high control sensitivity. The front and rear independent suspension can greatly absorb the discomfort caused by rough roads.”).
Regarding claim 9, Bugatti discloses the invention of claim 1, as cited above, and further discloses “the handlebars each have a leather-like grip, configured to improve a rider's grip (seen in Fig. 5 above).”
Regarding claim 10, Bugatti discloses the invention of claim 1, as cited above, and further discloses “the orifice in the rear housing through which the light projects is in the shape of a logo, word, or phrase, such that an image, in light, of the logo, word or phrase is seen on the road behind the scooter (seen in Fig. 2 and 4 above).
Regarding claim 11, Bugatti discloses the invention of claim 1, as cited above, and further discloses “a headlight attached to the front of the vertical shaft (seen in Fig. 3 above).”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Cantagalli Javier, “The most affordable electric Bugatti is getting an update in 2023“, Drivingeco, https://www.drivingeco.com/en/bugatti-electrico-mas-accesible-actualiza-2023/, published 01/26/2023.
May et al., US 2025/0052398 A1 discloses a scooter with multiple light emitters
Zhang et al., US 11649007 B1 discloses a scooter with multiple light emitters
Cun et al., US 2021/0396538 A1 discloses a scooter with multiple light emitters
Wendt, US 2021/0155153 A1 discloses a scooter with multiple light emitters]
Boyd et al., US 10988073 B1 discloses a scooter with multiple light emitters
Sung, US 2017/0361765 A1 discloses a scooter with multiple light emitters
Needham et al., US 9656602 B2 discloses a personal transportation device including kick scooters with a ground directed light emitter
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL CHIANG whose telephone number is (571)270-3811. The examiner can normally be reached M to F, 9am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, James R Greece can be reached at 571-272-3711. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL CHIANG/Patent Examiner, Art Unit 2875
/TRACIE Y GREEN/Primary Examiner, Art Unit 2875