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 .
Response to Arguments
Applicant’s arguments with respect to claim 1-21 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 (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 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, 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, 4-5, 8-9, 12-13, 16-19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Vandenbussche (US 20210086862) in view of Zhou (CN 206734521).
Regarding claim 1, Vandenbussche teaches electric riding device 100 ([0026], Fig. 6B), comprising:
a frame 101 ([0032], Fig. 9);
a seat 118 ([0034], Fig. 9);
a front wheel 122A and a rear wheel 122B ([0031], Fig. 4);
a handlebar assembly 130 configured to be operated by a user's hands ([0033], Fig. 4); and
a power device configured to supply power to the electric riding device ([0032]);
wherein the frame comprises a middle base portion 111 ([0032], Fig. 9), and a front frame portion 112 and a rear frame portion 116B respectively disposed at front and rear ends of the middle base portion 111 ([0034], Fig. 9), at least a part of at least one of the front frame portion 112 and the rear frame portion 116B being higher than the middle base portion 111 (Fig. 9), at least one of the front frame portion 112 and the rear frame portion 116B together with the middle base portion 111 being configured to define a frame accommodation space (Fig. 9);
wherein the electric riding device 100 further comprises a storage mechanism 252 removably installed on the frame ([0049[ and [0058], Figs. 6A and 6B), the storage mechanism 252 defining a storage space 202 ([0049]), at least a portion of the storage space 202 being located within the frame accommodation space (Fig. 9);
wherein the middle base portion 111 forms a bottom portion of the frame 101 ([0032], Fig. 9), the front frame portion 112 extending upwardly from a front end of the middle base portion 111, and the rear frame portion 116B extending upwardly from a rear end of the middle base portion 111 (Fig. 9); and
wherein the storage mechanism 252 is mounted on an upper side of the middle base portion 111 (Fig. 9), and the power device is mounted on a lower side of the middle base portion 111 ([0032]).
Vandenbussche teaches a space for a user to place both of their feet (Figs. 2, 4, and 9), but does not teach wherein the electric riding device further comprises a left foot-placement feature and a right foot-placement feature.
However, Zhou teaches an electric riding device wherein the electric riding device further comprises a left pedal 9 and a right pedal 9 disposed opposite to each other, at least one end side of the left pedal being proximate to a left-front end of a middle base portion, and at least one end side of the right pedal being proximate to a right-front end of the middle base portion (Paragraph 8, Fig. 1 of Zhou);
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric riding device of Vandenbussche to have the left and right foot pedals of Zhou in order to advantageously improve stability and rider comfort of the vehicle (Paragraphs 5-7 of Zhou).
Regarding claim 4, Vandenbussche as modified teaches wherein a shape of at least a portion of the storage mechanism 252 is configured to be a bent shape to conform to a shape of at least a portion of the frame 101 ([0052], Fig. 9).
Regarding claim 5, Vandenbussche teaches an electric riding device 100 ([0026], Fig. 6B), comprising:
a frame 101 ([0032], Fig. 9);
a seat 118 ([0034], Fig. 9);
a front wheel 122A and a rear wheel 122B ([0031], Fig. 4);
a handlebar assembly 130 configured to be operated by a user's hands ([0033], Fig. 4); and
a power device configured to supply power to the electric riding device 100 ([0032]);
wherein the frame comprises a middle base portion 111, and a front frame portion 112 and a rear frame portion 116B respectively proximate to a front end and a rear end of the middle base portion 111 ([0032], Fig. 9);
wherein the electric riding device 100 further comprises a storage basket 252 detachably mounted to the frame ([0058]-[0060], Figs. 6A-6B), the storage basket 252 defining a storage space 202 ([0049]), at least a portion of the storage space being disposed between the front frame portion 112 and the rear frame portion 116B (Fig. 9); and
wherein the middle base portion 111 is located at a bottom portion of the frame (Fig. 9); and
wherein the storage basket 252 is mounted on an upper side of the middle base portion 111 ([0060], Fig. 9), and the power device is mounted on a lower side of the middle base portion 111 ([0032]).
Vandenbussche teaches a space for a user to place both of their feet (Figs. 2, 4, and 9), but does not teach wherein the electric riding device further comprises a left foot-placement feature and a right foot-placement feature.
However, Zhou teaches an electric scooter wherein the electric riding device further comprises a left foot-placement feature and a right foot-placement feature 9 (Paragraph 8, Fig. 1 of Zhou).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric riding device of Vandenbussche to have the left and right foot placement features of Zhou in order to advantageously improve stability and rider comfort of the vehicle (Paragraphs 5-7 of Zhou).
Regarding claim 8, Vandenbussche as modified teaches wherein a shape of at least a portion of the storage basket 252 is configured to be a bent shape to conform to a shape of at least a portion of the frame 101 ([0052], Fig. 9).
Regarding claim 9, Vandenbussche teaches an electric riding device 100 ([0026], Fig. 6B), comprising:
a frame 101 ([0032], Fig. 9);
a seat 118 ([0034], Fig. 9);
a front wheel 122A and a rear wheel 122B ([0031], Fig. 4);
a handlebar assembly 130 configured to be operated by a user's hands ([0033], Fig. 4); and
a power device configured to supply power to the electric riding device 100 ([0032]);
wherein the frame has a generally C-shaped configuration (Fig. 9); wherein the electric riding device 100 further comprises a storage container 252 ([0052]), the storage container 252 being configured to be selectively secured to the frame 101 such that, in a first operating state, the storage container 252 is permitted to be secured to the frame, and in a second operating state, the storage container is permitted to be removed 252 from the frame ([0058]-[0060], Figs. 6A-6B);
wherein the frame 101 includes a middle base portion 111 arranged at a lower section of the frame ([0032], Fig. 9); and
wherein the middle base portion 111 has a top side and a bottom side opposite to the top side, the storage container 252 being installed to the middle base portion 111 proximate to the top side thereof (Fig. 9), and the power device being installed to the middle base portion proximate 111 to the bottom side thereof ([0032]).
Vandenbussche teaches a space for a user to place both of their feet (Figs. 2, 4, and 9), but does not teach wherein the electric riding device further comprises a left footrest and a right footrest.
However, Zhou teaches an electric scooter wherein the electric riding device further comprises a left footrest and a right footrest 9 (Paragraph 8, Fig. 1 of Zhou).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric riding device of Vandenbussche to have the left and right foot placement features of Zhou in order to advantageously improve stability and rider comfort of the vehicle (Paragraphs 5-7 of Zhou).
Regarding claim 12, Vandenbussche as modified teaches wherein a shape of at least a portion of the storage container 252 is configured to be a bent shape to conform to a shape of at least a portion of the frame 101 ([0052], Fig. 9).
Regarding claim 13, Vandenbussche teaches an electric riding device 100 ([0026], Fig. 6B), comprising:
a frame 101 ([0032], Fig. 9);
a seat 118 ([0034], Fig. 9);
a front wheel 122A and a rear wheel 122B ([0031], Fig. 4);
a handlebar assembly 130 ([0033], Fig. 4); and
a power device ([0032]);
wherein the frame comprises a middle base portion 111 ([0032], Fig. 9), and a front frame portion 112 and a rear frame portion 116B respectively disposed at a front side and a rear side of the middle base portion 111 ([0034], Fig. 9);
wherein the electric riding device 100 further comprises a storage space 202 formed between the front frame portion 112 and the rear frame portion 116B and proximate to a bottom part of the frame ([0044], Fig. 9), the storage space 202 being configured to be open at a top thereof ([0052], Fig. 9; the storage space is the open air space above the middle portion 111 of the frame where storage bag 252 is mounted);
wherein an outer peripheral contour of at least a portion of the storage space 202 is configured to conform to the frame 101 ([0052], Fig. 9; the boundary of the storage space 202 is confined to the vehicle frame 101); and
wherein the middle base portion 111 forms a lower part of the frame 101 ([0032], Fig. 9).
Vandenbussche teaches a space for a user to place both of their feet (Figs. 2, 4, and 9), but does not teach wherein the electric riding device further comprises a left foot-placement feature and a right foot-placement feature.
However, Zhou teaches an electric scooter wherein the electric riding device further comprises a left foot-placement feature and a right foot-placement feature 9 (Paragraph 8, Fig. 1 of Zhou).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electric riding device of Vandenbussche to have the left and right foot placement features of Zhou in order to advantageously improve stability and rider comfort of the vehicle (Paragraphs 5-7 of Zhou).
Regarding claim 18, Vandenbussche as modified teaches wherein the middle base portion 111 comprises a substantially flat support plate assembly 110 ([0032]. Fig. 9).
Regarding claim 19, Vandenbussche as modified teaches wherein the left foot- placement feature and the right foot-placement feature are each a pivotable footrest (Paragraph 26, Fig. 1 of Zhou).
Regarding claim 21, Vandenbussche as modified teaches wherein at least a portion of an outer periphery of the storage space 202 is defined by at least a portion of a storage mechanism 252 ([0052], Fig. 9).
Regarding claim 16, Vandenbussche as modified teaches wherein a shape of at least a portion of the storage mechanism 252 is configured as a bent shape to conform to a shape of at least a portion of the frame 101 ([0052], Fig. 9).
Regarding claim 17, Vandenbussche as modified teaches wherein the storage mechanism 252 has a mesh structure ([0059]).
Claims 2-3, 6-7, 10-11, and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Vandenbussche in view of Zhou, and further in view of Yang (CN 221519860).
Regarding claim 2, Vandenbussche as modified teaches wherein the storage mechanism 252 is configured to be removably installed on the base portion 111 of the frame 101 ([0058]-[0060]), Figs. 6A-6B).
Vandenbussche as modified does not teach the storage mechanism being removably installed via a threaded mounting arrangement.
However, Yang teaches a vehicle storage basket 1 which is removably installed on a vehicle frame by a threaded mounting arrangement 8 (Paragraphs 38-39, Figs. 3 and 5 of Yang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified electric riding device of Vandenbussche/Zhou to mount the storage mechanism to the frame by threaded fasteners as Yang teaches in order to advantageously provide a convenient and stable connection between the basket and the vehicle (Paragraph 39 of Yang).
Regarding claim 3 Vandenbussche as modified does not expressly teach the storage mechanism comprising two mounting plates.
However, Yang teaches wherein a storage mechanism 1 comprises two mounting plates 11 that are longitudinally spaced apart (Paragraph 39, Fig. 5 of Yang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified electric riding device of Vandenbussche/Zhou to have the storage mechanism mount to the vehicle through the plates and fasteners of Yang in order to advantageously provide a convenient and stable connection between the basket and the vehicle (Paragraph 39 of Yang).
Regarding claim 6, Vandenbussche as modified teaches wherein the storage basket 252 is configured to be detachably mounted to the middle base portion 111 of the frame 101 ([0058]-[0060]), Figs. 6A-6B).
Vandenbussche as modified does not teach the storage mechanism being removably installed via a threaded mounting arrangement.
However, Yang teaches a vehicle storage basket 1 which is removably installed on a vehicle frame by a threaded mounting arrangement 8 (Paragraphs 38-39, Figs. 3 and 5 of Yang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified electric riding device of Vandenbussche/Zhou to mount the storage basket to the frame by threaded fasteners as Yang teaches in order to advantageously provide a convenient and stable connection between the basket and the vehicle (Paragraph 39 of Yang).
Regarding claim 7 Vandenbussche as modified does not expressly teach the storage basket comprising two mounting plates.
However, Yang teaches wherein a storage basket 1 comprises two mounting plates 11 that are longitudinally spaced apart (Paragraph 39, Fig. 5 of Yang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified electric riding device of Vandenbussche/Zhou to have the storage mechanism mount to the vehicle through the plates and fasteners of Yang in order to advantageously provide a convenient and stable connection between the basket and the vehicle (Paragraph 39 of Yang).
Regarding claim 10, Vandenbussche as modified teaches wherein the storage container 252 is configured to be selectively secured to the frame 101 ([0058]-[0060]), Figs. 6A-6B).
Vandenbussche as modified does not teach the storage container being configured to be selectively secured to the frame via a threaded mounting arrangement.
However, Yang teaches a vehicle storage container 1 which is configured to be selectively secured to the frame via a threaded mounting arrangement 8 (Paragraphs 38-39, Figs. 3 and 5 of Yang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified electric riding device of Vandenbussche/Zhou to mount the storage container to the frame by threaded fasteners as Yang teaches in order to advantageously provide a convenient and stable connection between the container and the vehicle (Paragraph 39 of Yang).
Regarding claim 11 Vandenbussche as modified does not expressly teach the storage container comprising two mounting plates.
However, Yang teaches wherein a storage container 1 comprises two mounting plates 11 that are longitudinally spaced apart (Paragraph 39, Fig. 5 of Yang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified electric riding device of Vandenbussche/Zhou to have the storage container mount to the vehicle through the plates and fasteners of Yang in order to advantageously provide a convenient and stable connection between the container and the vehicle (Paragraph 39 of Yang).
Regarding claim 14, Vandenbussche as modified teaches wherein the storage mechanism 252 can be a basket and is configured to be removably installed on the frame 101 ([0058]-[0060]), Figs. 6A-6B).
Vandenbussche as modified does not teach the storage mechanism being removably installed via a threaded mounting arrangement.
However, Yang teaches a vehicle storage basket 1 which is removably installed on a vehicle frame by a threaded mounting arrangement 8 (Paragraphs 38-39, Figs. 3 and 5 of Yang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified electric riding device of Vandenbussche/Zhou to mount the storage mechanism to the frame by threaded fasteners as Yang teaches in order to advantageously provide a convenient and stable connection between the basket and the vehicle (Paragraph 39 of Yang).
Regarding claim 15, Vandenbussche as modified does not expressly teach the storage mechanism comprising two mounting plates.
However, Yang teaches wherein a storage mechanism 1 comprises two mounting plates 11 that are longitudinally spaced apart (Paragraph 39, Fig. 5 of Yang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified electric riding device of Vandenbussche/Zhou to have the storage mechanism mount to the vehicle through the plates and fasteners of Yang in order to advantageously provide a convenient and stable connection between the basket and the vehicle (Paragraph 39 of Yang).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL WILLIAM WATKINS whose telephone number is (703)756-4744. The examiner can normally be reached Monday-Thursday, 8:30 am -6:00 pm EST; Friday 8:30 am - 2:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at 5712722706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/N.W.W./Examiner, Art Unit 3617
/JOHN OLSZEWSKI/Supervisory Patent Examiner, Art Unit 3617
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