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
Examiner’s Comments
This action is in response to applicant’s amendment received 1/27/2026.
Applicant’s amendment has remedied all matters pertaining to indefiniteness in the previous office action and the rejections made under the second paragraph of 35 U.S.C. 112 in the previous office action are hereby withdrawn.
The Examiner notes that the office action below may reference support found in the cited prior art by indicating element numbers, figures or by pointing out a specific paragraph (PAR) number in which support can be found. The PAR number referenced corresponds to paragraph number beginning in the "Detailed Description" of the disclosure unless otherwise noted. The pending claims remain 1-5, 7-17.
Claim Objections
Claim 7 is objected to because of the following informalities: In claim 7, the terminology “Wherein:” is capitalized in middle of the claim. Regarding 37 CFR 1.75(i), each claim begins with a capital letter and ends with a period. Appropriate correction is required.
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 4, 13, 16, 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.
Claims 4, 13, 16, are indefinite because it is not clear what applicant is claiming or what limitations are encompassed by the claim. Specifically, the terminology “…to conform to a shape of at least a portion of the frame body.” Is not clear. It is construed that the claim is intending for the basket to comprise bent portions that conform with the frame body of the basket and also the flat support plate assembly. Appropriate correction or clarification 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.
Claims 7-10, 15-17, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 204452693 to Tian.
With regard to claim 7, a storage basket (1) for being removably mounted to a vehicle (see abstract), comprising: a bottom, at least a portion of the bottom being substantially flat; a left wall, at least a portion of the left wall extending upward from a left side of the bottom; and a right wall, at least a portion of the right wall extending upward from a right side of the bottom; wherein the bottom, the left wall, and the right wall together define a storage region (see figs. 4, 11-13); wherein the storage basket comprises a longitudinally spaced-apart first mounting region and second mounting region, at least one of the first mounting region and the second mounting region being located at an underside of the bottom, and both the first mounting region and the second mounting region being configured for mounting the storage basket to the vehicle via; wherein: the first mounting region comprises two laterally spaced-apart fastener interfaces and the second mounting region comprises at least one fastener interface; or the second mounting region comprises two laterally spaced-apart fastener interfaces and the first mounting region comprises at least one fastener interface fasteners (figs. 11-13 show two spaced apart fastener interfaces with corresponding mounting regions); wherein at least a portion of the bottom of the storage basket is of an openwork construction (see figs. 3, 12-13); and wherein at least one top corner of the storage basket is provided with a rounded contour (fig. 3).
With regard to claim 8, wherein at least a portion of the storage basket is of a mesh construction (see figs. 4, 11-13).
With regard to claim 9, wherein at least a portion of the bottom is integrally formed with or independent from the left wall, and wherein another portion of the bottom is integrally formed with or independent from the right wall (see figs. 4, 11-13).
With regard to claim 10, wherein left and right sides of the storage basket are respectively provided with removable footrests (figs. 4, 11-13 show removable structure 17 on sides of basket).
With regard to claim 15, a storage basket (1) configured for attachment to a frame body of an electric riding device having a front and rear wheel system (see abstract & PAR 50), the frame body comprising a substantially flat support plate assembly (flat support plate 12 of basket 1 is fixed directly to corresponding mounting region of vehicle), the storage basket comprising: a basket body portion having at least a laterally spaced-apart left wall and right wall (figs. 4, 11-13), wherein when the basket body portion is mounted on the frame body of the electric riding device(abstract & PAR 50), the left wall the right wall, and the support plate assembly collectively define a storage region; wherein when the basket body portion is mounted on the frame body of the electric riding device a lower end of the left wall is positioned proximate to a left edge of the support plate assembly and extends substantially vertically upward therefrom, and a lower end of the right wall is positioned proximate to a right edge of the support plate assembly and extends substantially vertically upward therefrom (figs. 4, 11-13 show this); wherein the storage basket has a longitudinal dimension, a lateral dimension, and a height dimension, a ratio of the longitudinal dimension to the lateral dimension is greater than 1, and a ratio of the longitudinal dimension to the height dimension is greater than 1(figs. 4, 11-13 show this); wherein at least a portion of at least one of the left wall and the right wall, located at a boundary of a storage region , is provided with an curved portion; and wherein at least one of the left wall and the right wall comprises a mesh structure(figs. 4, 11-13), the mesh structure comprising: a first bar members extending in a first direction; and a second bar members extending in a second direction and intersecting the first bar members; wherein the first direction is non-parallel to the second direction(figs. 4, 11-13 show both horizontal and vertical bars, undesignated, intersecting each other on the frame of the basket body).
With regard to claim 16, wherein a shape of at least a portion of at least one of the left wall and the right wall is configured to be a bent shape to conform to a shape of at least a portion of the frame body (insofar as the claim is understood, figs. 4, 11-13 disclose the basket body to comprise bent shape portions conforming to the overall frame body and support plate assembly).
With regard to claim 17, wherein left and right sides of the storage basket are respectively provided with removable footrests (figs. 4, 11-13 show removable structure 17 on sides of basket).
Claim Rejections - 35 USC § 103
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 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 of this title, 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 1-5, 11-14, are rejected under 35 U.S.C. 103 as being unpatentable over CN 204452693 to Tian.
With regard to claim 1, Tian discloses the invention substantially as claimed including a removable, reticulated storage basket (1) for an electric vehicle having a front and rear wheel system (see abstract & PAR 50), the storage basket capable of being installed between the front and rear wheels and configured for carrying articles, the storage basket comprising: a substantially flat bottom wall; a left wall extending substantially vertically upward from a left end of the bottom wall; a right wall extending substantially vertically upward from a right end of the bottom wall; a front wall extending upward from a front end of the bottom wall, wherein left and right ends of the front wall are connected to front ends of the left wall and the right wall, respectively; and a rear wall extending upward from a rear end of the bottom wall, wherein left and right ends of the rear wall are connected to rear ends of the left wall and the right wall, respectively (see figs. 4, 11-13); wherein the storage basket further comprises an interface system (plate 12) including a longitudinally spaced-apart front interface plate and rear interface plate, wherein at least a portion of at least one of the front interface plate and the rear interface plate has a substantially flat interface surface disposed at the bottom wall (flat support plate 12 of basket 1 is fixed directly to corresponding mounting region of vehicle); wherein one of the front interface plate and the rear interface plate comprises two laterally spaced-apart fastener mounting apertures, and the other of the front interface plate and the rear interface plate comprises at least one fastener mounting aperture (fig 11 shows plate 12 with a plurality of spaced-apart mounting apertures); wherein the storage basket has a longitudinal dimension, a lateral dimension, and a height dimension, a ratio of the longitudinal dimension to the lateral dimension is greater than 1.15 (figs. 3-4, 11-13 show the above claimed dimensions and their approximate ratio), wherein each of four top corners of the storage basket is provided with an outwardly convex arcuate portion; wherein a shape of at least a portion of a bottom of the storage basket is configured to conform to a shape of at least a portion of the electric vehicle (figs. 4, 11-13 disclose the basket body to comprise portions conforming to the overall frame body and support plate assembly); wherein at least a portion of the bottom of the storage basket is of an openwork construction; wherein the storage basket is configured to be substantially mirror-symmetrical about a longitudinal plane (see figs. 3-4, 11-13); and wherein each of the left wall and the right wall comprises: at least two first cross bars extending along a first direction and spaced apart along a second direction; and at least one second cross bar extending along the second direction; wherein the second cross bar intersects the first cross bars substantially orthogonally (figs. 4, 11-13 show both horizontal and vertical bars, undesignated, intersecting each other on the frame of the basket body).
Tian (figs. 4, 11-13) shows a ratio of the longitudinal dimension to the height dimension to be approximately 1.15; however, Tian does not show explicitly disclose the ratio. It would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to ensure the longitudinal dimension to height dimension ratio are 1.15. Such a design choice would and require only routine skill in the art to and since applicant has not disclosed that a specific ratio of these dimensions solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with either design choice.
With regard to claim 2, wherein the interface surface is disposed at an underside of the bottom wall or constitutes a portion of the bottom wall (see 12, figs. 4, 11).
With regard to claim 3, wherein the bottom wall, the left wall, the right wall, the front wall, and the rear wall are integrally formed as a single piece or are separate and independent components (see figs. 3-4, 11-13).
With regard to claim 4, wherein a shape of at least a portion of the storage basket is configured to be a bent shape to conform to a shape of at least a portion of the electric vehicle (insofar as the claimed invention is understood, figs. 4, 11-13 disclose the basket body to comprise bent shape portions conforming to the overall frame body and support plate assembly).
With regard to claim 5, wherein the front interface plate and the rear interface plate are each integrally formed with the storage basket or are components independent from the storage basket (12, fig. 11).
With regard to claim 11, Tian discloses the invention substantially as claimed including a storage basket (1) configured to be removably attached to a frame body of an electric riding device having a front and rear wheel system (see abstract & PAR 50), the storage basket comprising: a basket body portion having at least a laterally spaced-apart left wall and right wall (figs. 4, 11-13), wherein when the basket body portion is mounted on the frame body of the electric riding device, the left wall, the right wall, and the support plate assembly collectively define a storage region; wherein the storage basket defines a contact surface configured to engage an upper surface of the support plate assembly and to allow the storage basket to be stably placed thereon, such that when the storage basket is placed on the upper surface of the support plate assembly, the contact surface and the upper surface of the support plate assembly are in substantially horizontal contact (flat support plate 12 of basket 1 is fixed directly to corresponding mounting region of vehicle); wherein the storage basket is configured to be substantially mirror-symmetrical about a longitudinal plane (figs. 4, 11-13); wherein at least one top corner of at least one of the left wall and the right wall is provided with an smoothly contoured exterior (figs. 4, 11-13); and wherein a shape of at least a portion of at least one of the left wall and the right wall is configured to conform to a shape of at least a portion of the frame body (figs. 4, 11-13 disclose the basket body to comprise portions conforming to the overall frame body and support plate assembly). Tian implies, but does not explicitly disclose the frame body of the electric vehicle comprising a substantially flat support plate assembly. Since Tian discloses the flat support plate (12) of basket (1) is fixed directly to corresponding mounting region of vehicle, it would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to recognize that the corresponding mounting surface of the vehicle would also comprise a substantially flat surface. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of providing two mounting surfaces with similar shape for a secure fit.
With regard to claim 12, wherein a portion between the left wall and the right wall of the basket body portion is openwork so as to permit an animal in the storage region to directly contact the upper surface of the support plate assembly (see figs. 4, 11-13).
With regard to claim 13, wherein a shape of at least a portion of at least one of the left wall and the right wall is configured to be a bent shape to conform to a shape of at least a portion of the frame body (insofar as the claimed invention is understood, figs. 4, 11-13 disclose the basket body to comprise bent shape portions conforming to the overall frame body and support plate assembly).
With regard to claim 14, wherein the left wall has a left bottom surface and the right wall has a right bottom surface, the left bottom surface and the right bottom surface being laterally spaced-apart and collectively defining the contact surface defined by the storage basket (see figs. 4, 11-13).
Response to Arguments
Applicant's arguments filed 1/27/2026 with respect to claims 1-5, 7-17, have been considered but are moot in view of the new ground(s) of rejection.
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 2/26/2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
For the reasons above, the grounds for rejection are deemed proper.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attachment (PTO-892) for notice of references cited and recommended for consideration based on their disclosure of limitations of the claimed invention.
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 Brian Nash whose telephone number is 571-272-4465. The examiner can normally be reached on Monday – Friday from 8 a.m. to 4 p.m. EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The official fax number for this Group is: 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. For more information about the PAIR system, see www.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/BRIAN D NASH/
Primary Examiner, Art Unit 3734
3/13/2026