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 .
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.
Claim 23 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential elements, such omission amounting to a gap between the elements. See MPEP § 2172.01. The omitted elements are:
Claim 23 is incomplete because it depends from cancelled claim 21.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 23 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 23 improperly depends from cancelled claim 21. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 5 – 13, 15 – 20 and 22 – 25 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent number US 8,800,786 B2 to Parkins.
Regarding claims 1, 5 – 9 and 24, Parkins discloses a training wheel training device for use in connection with a bicycle having first and second training wheels mounted thereto (Parkins discloses a stand for a bicycle, Abstract), comprising:
[Claim 1] a block (stand 100) having a bottom surface (See Fig. 1B as annotated below) engageable with a supporting surface (horizontal surface 2) and an upper surface (See Fig. 1B) spaced therefrom, the upper surface including a recess (receptacle 104) formed therein; and
a wheel support surface (See Fig. 1B as annotated below) having at least a portion spaced from the upper surface (the top flat rim of stand 100, See Fig. 1B) and partially defining the recess (receptacle 104), the wheel support surface (Fig. 1B) adapted for receiving the first training wheel (Fig. 1A, although a vehicle wheel is shown the device is also capable of being used with smaller wheels such as training wheels mounted on a bicycle);
wherein:
the block includes first and second generally parallel sidewalls (outer walls 126 and 128), each of the first and second sidewalls including an inner surface partially defining the recess (Fig. 2) and an upper edge partially defining the upper surface of the block (the top flat rim of stand 100, Fig. 2); and
the upper edge of the first sidewall (the upper edge of outer wall 126) includes a notch (the upper curved portion of outer wall 126), the notch being defined by first and second side surfaces axially spaced from each other (the thickness of the outer wall 126) and being interconnected by a lower surface spaced from the upper edge (the bottom surface of outer wall 126);
[Claim 5] wherein the first and second side surfaces (See Fig. 2) include lower portions extending from opposite ends of the lower surface (See Fig. 2) and upper portions between the lower portions and the upper edge (See. Fig. 2; the notch has a vertical dimension extending between its lower surface and the topmost surface of the stand 100);
[Claim 6] wherein the lower portions of the first and second side surfaces (See Fig. 2) are generally parallel to each other (the vertical surfaces of the notch in stand 100, though arcuate, have parallel edges, See Fig. 2);
[Claim 7] wherein upper portions of the first and second side surfaces (See Fig. 2) extend from the upper edge (See. Fig. 2) and converge toward each other (the upper edges converge at lower surface, Fig. 2);
[Claim 8] wherein the wheel support surface (Fig. 1B) is generally arcuate (See Fig. 1B) and has first and second ends intersecting the upper surface (See the left and right sides of Fig. 1B) of the block (stand 100; the left and right ends of the arcuate wheel support surface intersect with the topmost surface of the stand; See Fig. 1B); and
[Claim 9] wherein the block (stand 100) is a first block and the wheel support surface (Fig. 1B) is a first wheel support surface, the training wheel training device further comprising:
a second block (stand 100; when grouped as troughs 502A – 502C in Fig. 12) having lower surface (See Fig. 2) engageable with the supporting surface (horizontal surface 2) and an upper surface (See Fig. 1B) spaced therefrom, the upper surface of the second block including a recess (receptacle 104) formed therein; and
a second wheel support surface (Fig. 1B) having at least a portion spaced from the upper surface (See Fig. 1B) of the second block and partially defining the recess (receptacle 104) of the second block, the second wheel support surface adapted for receiving the second training wheel (See Fig. 12 where the stand 100 can be part of a grouping of stands 502A – 502C, Col. 4, Lns. 64 – 67 through Col. 5, ln. 1).
Regarding claims 10 – 13, and 15 – 18 , Parkins discloses a training wheel training device capable of use in connection with a bicycle having a training wheel, the training wheel supported by a support extending from a frame of the bicycle (the device is for use with a bicycle wheel and capable of being used with a training wheel, although not specifically stated; Col. 2, Lns. 32 – 38), comprising:
[Claim 10] a block (stand 100) having lower surface (See Fig. 2) engageable with a supporting surface (horizontal surface 2), an upper surface (See Fig. 1B) spaced therefrom, a first sidewall (outer wall 126) having an upper edge (See. Fig. 2) and a second sidewall (outer wall 128) generally parallel to the first sidewall (See Fig. 2), the upper surface including a recess (receptacle 104) configured to receive at least a portion of the training wheel formed therein; and
a notch (See Figs. 1B and 2) formed in the upper edge (See. Fig. 2) of the first sidewall (outer wall 126) and being configured to allow the support of the bicycle to pass therethrough, the notch communicating with the recess;
wherein:
the notch is defined by first and second side surfaces (the left and right surfaces of outer wall 126) axially spaced from each other and being interconnected by a lower surface spaced from the upper edge (the bottom surface of outer wall 126).
[Claim 11] further comprising a wheel support surface (Fig. 1B) having at least a portion spaced from the upper surface (See Fig. 1B) and partially defining the recess (receptacle 104), the wheel support surface adapted for engagement with the training wheel (Fig. 1A, although a vehicle wheel is shown the device is also capable of being used with smaller wheels such as training wheels mounted on a bicycle);
[Claim 18] wherein the wheel support surface (Fig. 1B) is generally arcuate (See Fig. 1B) and has first and second ends intersecting the upper surface (See the left and right sides of Fig. 1B) of the block (stand 100; the left and right ends of the arcuate wheel support surface intersect with the topmost surface of the stand; See Fig. 1B);
[Claim 12] wherein each of the first and second sidewalls (outer walls 126 and 128) includes an inner surface partially defining the recess (receptacle 104) and an outer surface (See Fig. 1B and 2);
[Claim 13] wherein the outer surface (See Fig. 1B) of the first sidewall (outer wall 126) includes a lower portion extending from the lower surface (See Fig. 2) of the block (stand 100) and upper portion between the lower portion and the upper edge (See. Fig. 2; the first sidewall extends in the vertical direction, See Fig. 2 from the lower surface to the top surface);
[Claim 15] wherein the first and second side surfaces (See Fig. 2) include lower portions extending from opposite ends of the lower surface (See Fig. 2) and upper portions between the lower portions and the upper edge (See. Fig. 2; the notch has a vertical dimension extending between its lower surface and the topmost surface of the stand 100);
[Claim 16] wherein the lower portions of the first and second side surfaces (See Fig. 2) are generally parallel to each other (the vertical surfaces of the notch in stand 100, though arcuate, have parallel edges, See Fig. 2); and
[Claim 17] wherein upper portions of the first and second side surfaces (the tops of inner and outer surfaces of outer walls 126 and 128, See Fig. 2) extend from the upper edge (See. Fig. 2) and converge toward each other (the upper edges converge at lower surface, Fig. 2).
Regarding claims 19, 20 and 22 – 25, Parkins discloses a training wheel training device for use in connection with a bicycle having first and second training wheels, each of the first and second training wheels supported by a corresponding support extending from a frame of the bicycle (the device is for use with a bicycle wheel and capable of being used with a training wheel, although not specifically stated; Col. 2, Lns. 32 – 38), comprising:
[Claim 19] first and second blocks (stand 100 arranged as troughs 502A and 502C in Fig. 12), each block including:
a lower surface (See Fig. 2) engageable with a supporting surface (horizontal surface 2), an upper surface (See Fig. 1B) spaced therefrom, a first sidewall (outer wall 126) generally parallel to the first sidewall (See Fig. 2), having an upper edge (See. Fig. 2) and a second sidewall (outer wall 128), the upper surface (See Fig. 1B) including a recess (receptacle 104) configured to receive at least a portion of the training wheel formed therein;
a notch (See Figs. 1B and 2) formed in the upper edge (See. Fig. 2) of the first sidewall (outer wall 126) and being configured to allow the support of the bicycle to pass therethrough, the notch (See Figs. 1B and 2) communicating with the recess (receptacle 104) and being defined by first and second side surfaces axially spaced from each other and being interconnected by a bottom surface space from the upper edge (the bottom surface of outer wall 126); and
a wheel support surface (Fig. 1B) having at least a portion spaced from the upper surface (See Fig. 1B) and partially defining the recess, the wheel support surface adapted for receiving a corresponding one of the first and second first training wheels thereon (Fig. 1A, although a vehicle wheel is shown the device is also capable of being used with smaller wheels such as training wheels);
[Claim 20] wherein the first and second sidewalls (outer walls 126 and 128) of each of the first and second blocks (stand 100; when grouped as troughs 502A – 502C in Fig. 12) include an inner surface (to receive the wheel 4, Col. 2, Lns. 47 – 51) partially defining the recess (receptacle 104);
[Claim 22] wherein the first and second side surfaces (See Fig. 2) include lower portions extending from opposite ends of the lower surface (See Fig. 2) and upper portions between the lower portions and the upper edge (See. Fig. 2; the notch has a vertical dimension extending between its lower surface and the topmost surface of the stand 100);
[Claim 23] wherein the lower portions of the first and second side surfaces (See Fig. 2) are generally parallel to each other (the vertical surfaces of the notch in stand 100, though arcuate, have parallel edges, See Fig. 2);
[Claim 24] wherein upper portions of the first and second side surfaces (See Fig. 2) of each notch (See Figs. 1B and 2) extend from the upper edge (See. Fig. 2) of a corresponding first sidewall (outer wall 126) of the first and second blocks (stand 100; when grouped as troughs 502A – 502C in Fig. 12) and converge toward each other (the upper edges converge at lower surface, Fig. 2); and
[Claim 25] wherein the wheel support surface (Fig. 1B) of each of the first and second blocks (stand 100; when grouped as troughs 502A – 502C in Fig. 12) is generally arcuate and has first and second ends (the left and right sides of wheel support surface, Fig. 1B) intersecting the upper surface (See Fig. 1B) of a corresponding first and second block.
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Parkins Figure 1B
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Parkins Figures 1A and 2
Response to Arguments
Applicant's arguments filed June 30, 2025 have been fully considered but they are not persuasive.
Applicant argues:
“nothing in the Parkins '786 patent shows or suggests a training wheel training device including first and second blocks wherein:
1) each block has first and second generally parallel sidewalls;
2) the upper edge of the first sidewall includes a notch;
3) the notch is defined by first and second side surfaces axially spaced from each other and interconnected by a lower surface spaced from the upper edge. Such an arrangement is entirely absent from the cited reference.” (Page 5 of Remarks)
However, Parkins does explicitly disclose all of the above claim limitations. Parkins discloses a device capable of being used as a bicycle training wheel device in that it is a bicycle stand that holds the bicycle in an upright position. Parkins discloses at least two blocks (100) in Figure 12. Parkins discloses first and second generally parallel sidewalls (126 and 128, Figure 2). The upper edge of each wall has a curved portion that can be called a notch (See Parkins Figure above). And, finally the notch is defined by an interior surface of each outer wall 126 and 128, and an exterior surface of each outer wall 126 and 128. Therefore, Parkins does disclose the claimed training wheel training device.
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 Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached on (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611