DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Terminal Disclaimer
The terminal disclaimer filed on 03/13/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S Patent 10,843,757 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
Applicant’s arguments with respect to claim 1 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
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.
Claim(s) 1-6, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over Rai (US 6050585 A) in view of Kokatsu (US 20050077096 A1).
Regarding claim 1, Rai teaches a bicycle electric telescopic apparatus comprising:
a first tube 28 (Fig 1) having a center axis;
[a second tube telescopically 26 (Fig 1) received in the first tube] (Fig 4 and “This causes the threaded portion of the drive shaft 24 to move upward or downward within the threaded bearing 32 in the receiving member 28. The movement of the drive shaft 24 raises and lowers the seat mounting post 26, thereby causing the seat 10 to be raised and lowered. As the seat travels up and down, the restraining peg 34 in the receiving frame member 28 remains secured in the vertical slot 36 in the seat mounting post so that the seat is prohibited from rotating.” Col 3 lines 14-23 );
a positioning structure 22 (Fig 4) configured to relatively position the first tube 28 and the second tube 26 [in a telescopic direction extending along the center axis of the first tube 28 ] (“The output shaft of the electric motor 22 is in communication with a drive shaft 24 that is contained within the interior of the seat mounting post 26 and the interior of a receiving frame member 28.” Col 2 lines 40-42 and “The present invention is a power adjustment mechanism for the seat 10 of a bicycle 12.” Col 2 lines 22-24);
an electric positioning actuator 14 (Fig 2) [configured to actuate the positioning structure] (“The rider activates the adjustment mechanism through the activation means 14. In a first activating position, the activation means 14 causes the electric motor 22 to rotate clockwise, and in a second activating position, the activation means 14 causes the electric motor 22 to rotate counterclockwise.” Col 3 lines 5-10 );
a power supply 18 (Fig 1) [electrically connected to the electric positioning actuator] (“A power supply 18 is mounted on the bike frame 20 or under the seat 10.” Col 2 lines 29-30),[ and the power supply 18 is in a mounting state (Fig 1) where the bicycle electric telescopic apparatus 22 (Fig 1) is mounted to a bicycle frame 12 (Fig 1)] (Fig 1 shows the bicycle electric apparatus 22 is attached to the bike frame 12, “A power supply 18 is mounted on the bike frame 20 or under the seat 10.” Col 2 lines 30-31).
Rai does not teach a power supply that is detachably attached to an outer surface of the second tube, and configured to be detachably and electrically connected to an additional bicycle electric telescopic apparatus; a connecting structure provided on the outer surface of the second tube, wherein the power supply includes a connecting portion, and the additional bicycle electric telescopic apparatus includes an additional connecting structure, and the connecting portion corresponds to both of the connecting structure and the additional connecting structure.
Kokatsu teaches a power supply 162 (Figs 23a-24b, “a battery 162 is mounted to the body at a location of the seat post 3a close to the saddle 18 by using a battery bracket 165 fixed to the seat post 3a.” para 0071) [that is detachably attached to an outer surface of the second tube 3a (Figs 24a and 24b, “FIG. 24(a) shows the state where the battery 162 has begun to be inserted in the bracket member 170. As shown in FIG. 24(b), pushing the battery 162 further into the bracket member 170 from the state as indicated in FIG. 24(a) and turning the key device 188 can install the battery completely.” Para 0217 ), and, a connecting structure 170 (Figs 24a-24b, “a bracket member 170 capable of detachably accommodating a battery 162 and engagingly locking the accommodated battery using a key, and a bracket retainer 183 to be coupled with the bracket member 170 so as to clamp the seat post 3a.” para 0202 ) [provided on the outer surface of the second tube 3a (Figs 24a and 24b, “a bracket member 170 capable of detachably accommodating a battery 162 and engagingly locking the accommodated battery using a key, and a bracket retainer 183 to be coupled with the bracket member 170 so as to clamp the seat post 3a.” para 0202) , [wherein the power supply 162 (Figs 1 and 2) includes a connecting portion 17 (Fig 2, “Further, a battery 162 is mounted to the body at a location of the seat post 3a close to the saddle 18 by using a battery bracket 165 fixed to the seat post 3a. It is to be noted that the battery 162 comprises one or more electric cell(s) 17” para 0071 and also para 0073)], Kokatsu further teaches the connecting structure 170 (24a-24b) [is configured to detachably connect the power supply 162 (Figs 23a-24b) to peripheral of the second tube 3a (Fig 23a) ] (“Further, as can be seen from the FIG. 23(a) and FIGS. 24(a) and (b), the attaching and detaching operation of the battery 162 is performed horizontally with respect to the ground. This makes it possible to minimize a distance between the mounted battery 162 and the saddle 18 as much as possible.” para 0220) and the connecting structure 170 (24a-24b) [ is provided at the second tube 3a (Fig 24a)] (Fig 24a shows the connecting structure provided at the second tube 3a), [and the connecting structure 170 (24a-24b) is provided at an upper end of the second tube 3a (Fig 24) ] (Fig 24 shows the connector attached just below the bicycle seat frame). The connecting structure 170 (24a-24b) includes a lock structure 188 (Fig 24a-24b, para 0218 describes the locking mechanism), and [the lock structure 188 (Fig 24a) has a lock state where the power supply 162 (Fig 24a) is secured to the connecting structure 170 (Fig 24a) with the lock structure 188 (Fig 24a), and a release state where the power supply is detachable from the connecting structure] (“As described above, according to the battery bracket 165 of the present embodiment, theft of the battery 162 can be prevented by fixing it to the seat post 3a by using the key device 188. At that time, the present invention can eliminate such an effort to loosen or tighten the screw as practiced according to the prior art and enables an easy and quick attaching and detaching operation. Further, since the head of the fastener such as the bolt or the nut can be housed in the range surrounded by the upper and the lower guards 187U, 187D of the bracket retainer 183, it will be made impossible to approach from this side and to loosen the fastener and remove the bracket retainer 183. Since the other end of the fastener is in the inside of the box section 171 and covered with the battery 162 secured by the key device, it is impossible to access from the other end. Consequently, it will be impossible for a third party to steal the battery by disassembling the battery bracket.” para 0218 and para 0209 discuss the removability of the battery from the connecting structure), further the power supply 162 (Figs 23a-24b) is directly mounted to the second tube 3a (Fig 23a) (See Figs 23a-24b) and the power supply 162 (Figs 23a-24b) moves in relation to the first tube 3b (Fig 1) when in the mounting state and the second tube 3a (Fig 1) telescopically moves in relation to the first tube. 3b (Figs 1, “Specifically, the saddle 18 is fixed to one end of a seat post 3a, while the other end of said seat post 3a is fixed as accommodated in a seat tube 3b thereto by a fixing means, which is not shown. A height of the saddle 18 can be adjusted by loosening said fixing means. Further, a battery 162 is mounted to the body at a location of the seat post 3a close to the saddle 18 by using a battery bracket 165 fixed to the seat post 3a.” para 0071).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the removable power supply of Kokatsu with the electric telescoping assembly of Rai with a reasonable expectation of success because it would allow for a means to easily swap out the power supply that is close to the motor so that the user can keep riding and activating the electric components of the bicycle. By removing the power supply from the telescoping assembly, the user can more easily replace the power supply with another charged power supply to supply energy to the different bicycle components. Additionally, Rai and Kokatsu discloses the claimed invention except for a secondary telescopic bicycle apparatus. It would have been obvious to one having ordinary skill in the art at the time of the claimed invention to have a secondary telescopic bicycle apparatus (like for a suspension) since it has been held that duplication of parts of an invention does not carry patentable significance unless a new and unexpected result is produced. See In re Harza, 124 USPQ 378. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 2, Rai and Kokatsu fully teaches the connecting structure is configured to detachably connect the power supply to peripheral of the second tube (See modification of Rai in view of Kokatsu in claim 1 above).
Regarding claim 3, Rai and Kokatsu fully teaches the connecting structure is provided at the second tube (See modification of Rai in view of Kokatsu in claim 1 above).
Regarding claim 4, Rai and Kokatsu discloses the claimed invention except for the connecting structure is provided on a front side of the second tube. It would have been obvious to one having ordinary skill in the art at the time of the claimed invention to move the power supply connecting structure, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 5, Rai and Kokatsu fully teaches the connecting structure is provided at an upper end of the second tube in a mounting state where the bicycle electric telescopic apparatus is mounted to a bicycle frame (See modification of Rai in view of Kokatsu in claim 1 above).
Regarding claim 6, Rai and Kokatsu fully teaches the connecting structure includes a lock structure, and the lock structure has a lock state where the power supply is secured to the connecting structure with the lock structure, and a release state where the power supply is detachable from the connecting structure (See modification of Rai in view of Kokatsu in claim 1 above).
Regarding claim 25, Rai and Kokatsu fully teaches the power supply is directly mounted to the second tube in a mounting state where the bicycle electric telescopic apparatus is mounted to a bicycle frame, and the power supply moves in relation to the first tube when in the mounting state and the second tube telescopically moves in relation to the first tube (See modification of Rai in view of Kokatsu in claim 1 above)..
Claim(s) 7-9,17 and 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Rai in view of Kokatsu in further view of Shipman (US 20140087901 A1)
Regarding claim 7, Rai and Kokatsu teach a lock structure.
Rai and Kokatsu do not teach the lock structure includes a latch structure .
Shipman teaches the lock structure 2a (Fig 10, para 0044) includes a latch structure 39 (Fig 10 para 0044).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the lock and latch structure of Shipman with the bicycle telescopic apparatus and power supply of Rai and Kokatsu with a reasonable expectation of success because it would allow for a more secure battery apparatus while the bicycle moves. By including use the lock and latch structure with the connector, the battery is secured and can be more easily removed using the latch structure.
Regarding claim 8, Rai and Kokatsu teach the connecting structure of claim 6.
Rai and Kokatsu do not teach the connecting structure electrically connects the power supply to the electric positioning actuator in the lock state.
Shipman teaches a connecting structure 39,40 (Fig 10 and 11, para 0045) that [electrically connects the power supply in the lock state] (“The installed position of battery housing 2d also forces battery contacts 42 to flex slightly against battery terminals 2c, creating a pressure contact between the battery contacts and the battery terminals that is conducive to the flow of electricity.” Para 0044).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the connecting structure of Shipman with the bicycle telescopic apparatus and power supply of Rai and Kokatsu with a reasonable expectation of success because it would allow for a direct electrical connection between the power supply and the connector. By having a direct connection between the power supply and the connector, the power supplied from the power supply to the bicycle is less likely to fail.
Regarding claim 9, Rai and Kokatsu teaches the connecting structure of claim 6.
Rai and Kokatsu do not teach the connecting structure includes a first electric contact, and the power supply includes a second electric contact contactable with the first electric contact in the lock state.
Shipman teaches the connecting structure includes teach the connecting structure includes a first electric contact 42 (Figs 10 and 11, para 0044) and the power supply includes a second electric contact 2c (Figs 7a-7b, para 0044), [ contactable with the first electric contact in the lock state] (Figs 7a-7b, “The installed position of battery housing 2d also forces battery contacts 42 to flex slightly against battery terminals 2c, … that is conducive to the flow of electricity.”, para 0044).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the first and second contacts of connecting structure of Shipman with the bicycle telescopic apparatus and power supply of Rai and Kokatsu with a reasonable expectation of success because it would allow for a direct electrical connection between the power supply and the connector. By having a direct connection between the power supply and the connector, the power supplied from the power supply to the bicycle is less likely to fail.
Regarding claim 17, Rai and Kokatsu the apparatus of claim 2 wherein a power supply 162 (Fig 24a) is attached to peripheral of the second tube Kokatsu-3a (Fig 1)
Rai and Kokatsu do not teach the connecting structure is configured to detachably connect an alternative power supply to peripheral of one of the second tube, the alternative power supply being configured to supply electricity to an electric bicycle component other than the bicycle electric telescopic apparatus and the additional bicycle electric telescopic apparatus.
Shipman teaches the connecting structure is configured to detachably connect an alternative power supply 483 (Fig 9, para 0110) [is detachably and electrically connected to an additional bicycle electric telescopic apparatus] (“the battery housing may be removably attached to a derailleur and may be interchangeable between a front and rear derailleur. In this respect, a swappable battery 2 is a substantial improvement over a single wired battery (powering two derailleurs) should the one battery become discharged.”, para 0040), , the alternative power supply 483 (Fig 9, para 0110) [being configured to supply electricity to an electric bicycle component other than the bicycle electric telescopic apparatus and the additional bicycle electric telescopic apparatus] (“the battery housing may be removably attached to a derailleur and may be interchangeable between a front and rear derailleur. In this respect, a swappable battery 2 is a substantial improvement over a single wired battery (powering two derailleurs) should the one battery become discharged.”, para 0040).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the alternative power supply of Shipman with the bicycle telescopic apparatus and power supply of Rai and Kokatsu with a reasonable expectation of success because it would allow for a swappable power supply to more easily power the different bicycle components. By having an additional power supply, the user can have multiple swappable power supply to switch to in case of a power supply being fully drained, and allow the user to be able to continuously use the bicycle with the swappable power supply.
Regarding claim 21, Rai and Kokatsu teach a telescopic apparatus of claim 1.
Rai and Kokatsu do not teach an indicator provided at the second tube.
Shipman teaches an indicator 68 (Figs 14 and 15 para 0058) wherein the indicator 68 (Figs 14 and 15 para 0058) [informs a user of a status of the telescopic controller and the status of the telescopic controller includes at least one of a signal transmission status, a power supply status, and a paring mode of the telescopic controller] (“LED 68 may be used …such as indicating to the user that battery 2 is low on power. It will be understood that any configuration of the LED is contemplated whereby the LED is observable by a user.” Para 0058 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the indicator of Shipman to be installed on an upper end of the second tube of Rai and Kokatsu with a reasonable expectation of success because it would provide a visual cue to the user about the status of the bicycle. By including an indicator with the telescopic structure, the user has an easy visual to detect the different states of the bicycle. Additionally, Rai, Kokatsu and Shipman disclose the claimed invention except the indicator being provided at an upper end of the second tube. It would have been obvious to one having ordinary skill in the art at the time of the claimed invention to position the indicator at the second tube, since it has been held that rearranging parts of an invention involves only routine skill in the art. See In re Japikse, 86 USPQ 70. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 22, Rai, Kokatsu and Shipman fully teaches the indicator is provided at an upper end of the second tube (See modification of Rai, Kokatsu and Shipman in claim 21 above).
Regarding claim 23, Rai, Kokatsu and Shipman fully teaches the indicator is connected to a telescopic controller to inform a user of a status of the telescopic controller, and the status of the telescopic controller includes at least one of a signal transmission status, a power supply status, and a paring mode of the telescopic controller (See modification of Rai, Kokatsu and Shipman in claim 21 above).
Regarding claim 24, Rai and Kokatsu teach the connection structure of claim 1.
Rai and Kokatsu do not teach the connection structure is a pawl, the additional connection structure is a pawl, and the connecting portion is a recess.
Shipman teaches an equivalent connection structure 39,40 (Fig 10 and 11, para 0045), [is a pawl] (Fig 10 of Shipman shows the structure as a pawl, “the user presses the right end of latch 39 downwards causing the latch to rotate clockwise around latch pin 40 against the urging force of latch spring 46”, para 0045), [the additional connection structure is a pawl] (Fig 10 of Shipman shows the structure as a pawl, “the user presses the right end of latch 39 downwards causing the latch to rotate clockwise around latch pin 40 against the urging force of latch spring 46”, para 0045), and the connecting portion 2a (Fig 10, “…which in turn causes the hooked end of the latch to rotate out of engagement with barb 2a of battery housing 2d.” para 0045) is a recess (Fig 10 shows the barb element 2a is recessed inwards on the casing of the battery to engage the connection structure).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the connection structures of Shipman with the bicycle telescopic apparatus and power supply of Rai and Kokatsu with a reasonable expectation of success because it would allow for a more secure connection between the battery and the connection structure. By including the prawl and recess, the battery would be more secured to the connection structure and is less likely to separate from the bicycle connector.
Claim(s) 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Rai in view of Kokatsu in further view of Nardella (US 4,227,140).
Regarding claim 10, Rai and Kokatsu teach a bicycle electric telescopic apparatus according to claim 6 above.
Rai and Kokatsu do not teach a protecting cover detachably attached to the connecting structure to protect the power supply in the lock state.
Nardella (US 4,227,140) teaches a detachable battery cover 32 (Fig 1 Col 4 lines 47-53) for a detachable battery unit 24 (Fig 1 Col 4 lines 47-53) and the power supply cover 32 is configured to cover the electrical contact in an attachment state where the power supply cover 32 is attached to the power supply (Col 4 lines 47-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the detachable battery cover of Nardella with the bicycle telescopic apparatus of Rai and Kokatsu with a reasonable expectation of success because it would protect the battery contacts from elemental wear and tear when a battery is not installed in the lock state. By including a protective cover for the battery contacts, the bicycle components have increased reliability and improved contact between the power supply and the connection mount.
Regarding Claim 11, Rai and Kokatsu teach a bicycle electric telescopic apparatus according to claim 2 above.
Rai and Kokatsu do not teach an additional cover attachable to the connecting structure to cover the connecting structure in a state where the power supply is detached from the connecting structure.
Nardella (US 4,227,140) teaches a detachable battery cover 32 (Fig 1 Col 4 lines 47-53) for a detachable battery unit 24 (Fig 1 Col 4 lines 47-53) and the power supply cover 32 is configured to cover the electrical contact in an attachment state where the power supply cover 32 is attached to the power supply (Col 4 lines 47-53).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the detachable battery cover of Nardella with the bicycle telescopic apparatus of Rai and Kokatsu with a reasonable expectation of success because it would protect the battery contacts from elemental wear and tear when a battery is not installed in the lock state. By including a protective cover for the battery contacts, the bicycle components have increased reliability and improved contact between the power supply and the connection mount.
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Rai in view of Kokatsu as applied to claim 1 above, in further view of Butora (US 2015/0197308) and Jordan (US 8,909,424).
Regarding claim 12, Rai and Kokatsu teach the electric telescopic apparatus of claim 1.
Rai and Kokatsu do not teach a wake-up sensor; and
a controller having a control mode in which the controller controls the electric positioning actuator to actuate the positioning structure, and
a sleep mode in which a power consumption of the controller is lower than a power consumption of the controller in the control mode, and
the controller is configured to change a mode of the controller between the control mode and the sleep mode based on a detection result of the wake-up sensor.
Butora teaches a controller 6 (Fig 2, para 0098) which the controller 6 [controls the electric positioning actuator to actuate the positioning structure] (“an electronic module 6 is mounted on the seat post 16 and produces control signals for the actuators in the spring elements 3 and 4 ….the spring elements 3 and 4 are connected to the electronic module 6 through a radio signal 64” para 0098 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the controller as taught by Butora with the bicycle telescopic apparatus of Rai and Kokatsu with a reasonable expectation of success because it would allow for a hands off approach to adjust the telescopic components of the bicycle. By including a controller that operates via a wireless signal, the bicycle telescopic apparatus can be operated remotely and adjust the telescopic length while in use to improve the overall comfort of the rider while using the bicycle.
The combination of Rai, Kokatsu and Butora still do not teach a wake-up sensor;
And a sleep mode in which a power consumption of the controller is lower than a power consumption of the controller in the control mode, and the controller is configured to change a mode of the controller between the control mode and the sleep mode based on a detection result of the wake-up sensor.
Jordan (US 8,909,424) teaches a wake-up sensor 70 (Fig 7, Col 6 Lines 59-60) ; and [a sleep mode in which a power consumption of the controller is lower than a power consumption of the controller in the control mode] (“The MCU 44 connected with the shift unit(s) 24 may be configured to sleep, i.e. are in a relatively low-power state when the bicycle/system is inactive. During this time, the CPU 48 is in the low power state (sometimes known as standby or sleep mode) and the transmitter and receiver 54 is turned off. The MCU 44 only wakes (becomes fully powered and operational) and transmits signals when a switch or button is activated, otherwise it sleeps.” Col 6 Lines 47-54), and the controller is configured to change a mode of the controller between the [control mode and the sleep mode based on a detection result of the wake-up sensor] (“… the wake unit 70 sends a wake signal to wake the SCU 66 (FIG. 10). The SCU 66, upon becoming fully powered and operational from a wake signal from the vibration sensor, becomes awake as long as it receives wake signals from the wake unit 70. If wake signals are not received for a period that exceeds a predetermined sleep timeout value, the SCU 66 will go back to sleep. The duration of the sleep timeout may be about 30 seconds.” Col 7 lines 2-10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the wake sensor and wake detection system of Jordan with the bicycle electric telescopic apparatus of Rai, Kokatsu and Butora with a reasonable expectation of success so that the power supply can conserve power when not in use. By including a wake sensor with powered capabilities, the battery can conserve power when the bicycle is not in use and can extend the overall life of the battery when the bicycle is not in use.
Regarding Claim 20, Rai and Kokatsu teach a telescopic apparatus of claim 1.
Rai and Kokatsu do not teach the telescopic apparatus having a telescopic controller having a control mode in which the telescopic controller controls the electric positioning actuator to actuate the positioning structure, and
a pairing signal transmission mode in which the telescopic controller transmits a pairing signal; and
a switch electrically connected to the telescopic controller to set the telescopic controller to at least one of the control mode and the pairing signal transmission mode based on a user input received by the switch, the switch being attached to the second tube.
Butora teaches a telescopic controller 6 (Fig 2, para 0098) having [a control mode in which the telescopic controller controls the electric positioning actuator] ( “… The control signal for the actuator 431 is produced in the electronic module 6 and transmitted through a radio connection that is provided by the HF pc board 482.”, para 0110) to [actuate the positioning structure] (para 0110, “The shaft 432 is connected to an actuator 431 that acts as an actuator in the present exemplary embodiment. The control signal for the actuator 431 is produced in the electronic module 6 and transmitted through a radio connection that is provided by the HF pc board 482”).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the controller with a control mode as taught by Butora with the bicycle telescopic apparatus of Rai and Kokatsu with a reasonable expectation of success because it would allow for a hands off approach to adjust the telescopic components of the bicycle. By including a controller that operates via a wireless signal, the bicycle telescopic apparatus can be operated remotely and adjust the telescopic length while in use to improve the overall comfort of the rider while using the bicycle.
The combination of Rai, Kokatsu and Butora still do not teach a pairing signal transmission mode in which the telescopic controller transmits a pairing signal, a switch electrically connected to the telescopic controller to set the telescopic controller to at least one of the control mode and the pairing signal transmission mode based on a user input received by the switch, the switch being attached to the second tube.
Jordan teaches a pairing signal transmission mode in which the [telescopic controller transmits a pairing signal] (“…or is converted to a pairing mode” Col 5 line 56), a switch 94 (Fig 7, “When a mode changing mechanism, which may be in the form of a function button 94 on the gear changer, is pressed for a pre-determined period of time, the SCU 86 of the gear changer enters or is converted to a pairing mode.”, Col 5 lines 52-56) [electrically connected to the telescopic controller to set the telescopic controller to at least one of the control mode and the pairing signal transmission mode based on a user input received by the switch] (Col 5 line 47-Col 6 line 14).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the pairing signal transmission mode Jordan with the bicycle electric telescopic apparatus of Rai, Kokatsu and Butora with a reasonable expectation of success so that the switch and subsequent pairing signal can be easily accessed by the user. By including a pairing signal transmission mode in the electric bicycle, the powered elements can be in a sleep mode and conserve power when the bicycle is not in use.
Claim(s) 13-15 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Rai in view of Kokatsu in further view of Butora et al (US 2015/0197308).
Regarding claim 13, Rai and Kokatsu above fully teach a bicycle electric telescopic apparatus of claim 1.
Rai and Kokatsu do not explicitly teach a controller configured to control a electric positioning actuator based on a wireless signal.
Butora teaches a controller 6 (Fig 2) configured to control a electric positioning actuator 431 (Fig 9 para 110) based on a [wireless signal] (Fig 2, “the torque sensor 5 and the spring elements 3 and 4 are connected to the electronic module 6 through a radio signal 64” para 0098). The controller further includes a wireless receiver 481 (Fig 9, para 0110) [configured to wirelessly receive the wireless signal] (“A second pc board 481 can decode the received signals and/or support an H-bridge that energizes the actuator 431.” para 0110) .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the controller operated by a wireless signal as taught by Butora with the bicycle telescopic apparatus of Rai and Kokatsu with a reasonable expectation of success because it would allow for a hands off approach to adjust the telescopic components of the bicycle. By including a controller that operates via a wireless signal, the bicycle telescopic apparatus can be operated remotely and adjust the telescopic length while in use to improve the overall comfort of the rider while using the bicycle.
Regarding claim 14, Rai, Kokatsu and Butora fully teach the controller includes a wireless receiver configured to wirelessly receive the wireless signal (See modification of Rai and Kokatsu with Butora in claim 13 above).
Regarding claim 15, Rai, Kokatsu and Butora disclose the claimed invention except for the wireless receiver is attached at a rear side of one of the first tube and the second tube. It would have been obvious to one having ordinary skill in the art at the time of the claimed invention to position the wireless receiver on the rear side of one of the first tube and the second tube, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Please note that in the instant application, the Applicant has not disclosed any criticality for the claimed limitation.
Regarding claim 18, Rai and Kokatsu fully teach the bicycle electric telescopic apparatus of claim 1 includes an electric seatpost assembly Rai-(Fig 4).
Rai and Kokatsu do not teach the bicycle electric telescopic apparatus of claim 1 includes an electric suspension.
Butora teaches an equivalent electric telescopic apparatus 4 (Fig 9) includes an electric suspension 41,42,421 and 423 (Fig 9, para 0108 “the spring element 4 is provided for use at spring-suspended chainstays or a rear wheel suspension.”) .
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the electric suspension of Butora with the bicycle electric telescopic apparatus of Rai and Kokatsu with a reasonable expectation of success so that while the bicycle is in operation, the overall ride is more comfortable to the user to control the amount of flexion of the front and/or rear wheel. By including an adjustable electric suspension, the user can modify the bicycle for improved performance and comfort for the user while riding.
Regarding claim 19, Rai, Kokatsu and Butora fully teach the electric telescopic apparatus of claim 18 wherein the additional bicycle electric telescopic apparatus includes the other one of the electric seatpost assembly and the electric suspension (See modification of Rai and Kokatsu with Butora in claim 18 above) .
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Rai and Kokatsu in further view of Yamaguchi (US 2013/0090196).
Regarding claim 16, Rai and Kokatsu teach the bicycle telescopic apparatus of claim 1.
Rai and Kokatsu do not teach a manual operating member coupled to the positioning structure to manually actuate the positioning structure.
Yamaguchi teaches a manual operating member 300 (Fig 4, para 0060) coupled to the positioning structure to [manually actuate the positioning structure] (“…and 308 is operatively coupled to the manually-operated control device 300, … and the other end of Bowden cable 308 is operatively coupled to the manually-operated control component in seat position driver 98.” para 0060 -emphasis added).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the manual operating member of Yamaguchi with the bicycle electric telescopic apparatus of Rai and Kokatsu with a reasonable expectation of success so that in the event of a power failure, the user can manually override the electronic sensors. By including a manual operating device, the bicycle can be adjusted without the need for powered electrical components.
Conclusion
THIS ACTION IS MADE FINAL. 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 MORGAN M KNAUF whose telephone number is (703)756-4532. The examiner can normally be reached 8:00 AM -4:30 PM.
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.
/M.M.K./Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
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