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 .
Claims 1-44, 60, 78, 80, 83, 85, 90, 91, 94, 95, 98, and 107 have been cancelled.
Election/Restrictions
Claims 47, 48, 64, 65, 69, 82, 84, 86, 89, 97, 99, 104, 108, 113, 114, 120, 121, and 123 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/28/2025.
Claim Rejections - 35 USC § 112
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.
Claims 61 and 79 are 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. Claims 61 claims rechargeable power source, however, claim 61 depends from claim 45, which claims a rechargeable power source. Similarly, claim 79 claims a rechargeable power source, however, claim 79 depends from claim 62, which claims a rechargeable power source. 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 § 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 45, 46, 52, 55-59, 61-63, 72-77, 79, 81, 87, 88, 93, 96, 100-103, 106, 109-112, and 122 is/are rejected under 35 U.S.C. 103 as being unpatentable over Winefordner et al. (PGPub 2018/0001953) in view of Kitano et al. (PGPub 2021/0171156)
Regarding claims 45, 61, 62, and 79, Winefordner teaches an electronically actuated seatpost 10, comprising: a first tube 530 telescopically coupled with a second tube 560 (Figures 20-22, para [0179]-[0184]), wherein the second tube is substantially static with respect to a bicycle frame 580 (Figure 22); and a power source (battery 550) for supplying power to operate a seatpost height adjustment system, wherein the power source is not coupled with first tube (battery 550 is coupled to the lower end of the second tube, distant from the first tube 530, as seen in Figures 20 and 21). The power source is a battery (see para [0182]) of a bicycle.
Winefordner does not teach that the bicycle is an electric bicycle or that the power supply to operate the seatpost height adjustment system is a power source of the electric bicycle (in view of applicant’s remarks and amendments, it is assumed that the claim includes an electric bicycle and a power supply that feeds power to a component of the electric bicycle other than the seatpost height adjustment system).
Kitano teaches an electric bicycle having a battery PS that supplies power to the bicycle electric auxiliary drive (drive unit, DU, mounted at the bottom bracket, as seen in Figure 1, as that provides assist propulsion to the rear wheel) and to bicycle components (para [0063], lines 1-5; para [0064], lines 2-6). One of the bicycle components is a height adjustable seatpost (see para [0063], lines 5) having an electric actuator (para [0174] “seatpost actuator” for battery power seatpost adjustment).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the bicycle of Winefordner with auxiliary drive and a removable and rechargeable battery that supplies power to the auxiliary drive and the seatpost height adjustment system, in view of Kitano, with a reasonable expectation of success, in order to reduce rider fatigue through use of the auxiliary drive and to minimize space and weight of the power supply by using a single battery to power multiple components, including the seatpost height adjustment system.
Regarding claims 46, 63, 112, and 122, the seatpost height adjustment system of Winefordner comprises: an actuating unit (valve actuation means 585) and at least one controller (circuit board assembly 532) configured to operate the actuating unit, but it is not clear if at least two wires connect the actuating unit with the at least one controller. However, it is clear that the actuating unit and controller are electrically connected and, typically, wires are used to make electrical connections. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide wires between the actuating unit and controller, as is old and well known, in order to electrically connect those units.
Regarding claim 52, Winefordner teaches the at least one controller 532 is located at the second tube 560 (see Figure 21).
Regarding claims 55 and 72, Winefordner teaches the actuating unit 550 is configured to operate a valve 434 (Figure 17, para [0174]).
Regarding claim 56, Winefordner teaches a location of the at least one controller 532 is selected from a group consisting of: a location at the second tube (Figure 21), a location spaced apart from the seatpost, a location inside the seatpost, a location at a bicycle frame, a location inside a bicycle component, a location at a bicycle component, a location that is spaced apart from the power source, a location that is proximal to the power source, or any combinations thereof.
Regarding claim 57, Winefordner teaches the actuating unit comprises a motor or a solenoid (para [0015], the electrical driver is a motor or solenoid).
Regarding claim 58, Winefordner teaches the seatpost comprises a microcontroller and a motor controller (circuit board 532).
Regarding claim 59, Winefordner teaches the power source is removable or integrated with the seatpost (see Figure 21, battery 550 is removable from the seat post).
Regarding claim 62, Winefordner teaches an electronically actuated seatpost 10, comprising: a first tube 530 telescopically coupled with a second tube 560 (Figures 20-22), wherein the second tube is substantially static with respect to a bicycle frame 580 (Figure 22), at least one controller 532 configured to operate a seatpost height adjustment system, wherein the at least one controller 532 is located at the second tube (see Figure 21).
Regarding claim 73, the seatpost comprises a microcontroller and a motor controller (circuit board 532).
Regarding claim 74, the seatpost further comprises a power source (battery 550).
Regarding claim 75, the location of the power source 550 is selected from a group consisting of: a location at the second tube (figure 21 of Winefordner), a location spaced apart from the seatpost, a location inside the seatpost, a location at a bicycle frame, a location inside a bicycle component, a location at a bicycle component, a location that is spaced apart from the at least one controller, a location that is proximal to the at least one controller, or any combinations thereof.
Regarding claim 76, the actuating unit comprises a motor or a solenoid (para [0015]).
Regarding claim 77, Winefordner teaches the power source is removable (see Figure 21) or integrated with the seatpost (para [0139]).
Regarding claim 81, Winefordner teaches the power source (battery 550) is located externally of the second tube 560 (see Figure 21).
Regarding claim 87, a location of the at least one controller 532 is selected from a group consisting of: a location inside the second tube, a location external to the second tube (see Winefordner, Figure 21), a location that is spaced apart from a power source, a location that is proximal to a power source, a location that is proximal to an actuating unit, a location that is spaced apart from an actuating unit, or any combinations thereof.
Regarding claim 88, Winefordner teaches an electronically actuated seatpost 10, comprising: a first tube 530 telescopically coupled with a second tube 560, wherein the second tube is substantially static with respect to a bicycle frame 580; and a power source 550 for supplying power to operate a seatpost height adjustment system, wherein the power source is coupled to the second tube (see Figure 21). The combination of Winefordner and Kitano, as set forth above, includes a power supply of the electric bicycle to operate the seatpost height adjustment system.
Regarding claim 93, the seatpost height adjustment system comprises: an actuating unit (servo in actuating means 585); and at least one controller 532 configured to operate the actuating unit.
Regarding claim 96, the power source 550 is located externally of the second tube 560 (see Figure 21).
Regarding claim 100, the at least one controller 532 is removable (see Figure 21, the controller 532 is removable with the battery 550).
Regarding claim 101, Winefordner teaches an electronically actuated seatpost, comprising: a first tube 530 telescopically coupled with a second tube 560, wherein the second tube is substantially static with respect to a bicycle frame 580; and a power source 550 for supplying power to operate a seatpost height adjustment system, wherein the power source is coupled to the second tube (see Figure 21), and at least one controller 532 configured to operate a seatpost height adjustment system, wherein the power source 550 is located proximally to the at least one controller 532 (see Figure 21). The combination of Winefordner and Kitano, as set forth above, includes a power supply of the electric bicycle to operate the seatpost height adjustment system.
Regarding claims 102 and 103, in Winefordner, the power source 550 and controller are removable (see Figure 21, the controller 532 and battery 550 are removable from the tube 560 and the seat post is removable with the power source and battery from the bicycle frame).
Regarding claim 106, the power source 550 is located externally of the second tube (see Figure 21).
Regarding claim 109, the seatpost height adjustment system comprises: an actuating unit 585.
Regarding claim 110, the actuating unit comprises a motor or a solenoid (see para [0015]).
Regarding claim 111, the actuating unit is configured to operate a valve 434 (Figure 17, para [0174]).
Claim(s) 49-51, 53, 54, 66-68, 70, 71, 79, 92, 105, and 115-119 are rejected under 35 U.S.C. 103 as being unpatentable over Winefordner et al. (PGPub 2018/0001953) and Kitano as applied to claims 45, 46, 52, 55-59, 61-63, 72-77, 79, 81, 87, 88, 93, 96, 100-103, 106, 109-112, and 122 above, and further in view of Shirai (PGPub 2020/0377176).
Regarding claims 49-51, 53, 54, 66-68, 70, 71, and 115-119, the combination lacks a controller that is configured to sense electrical current supplied to the actuating unit.
Shirai teaches an electrically actuated seat post with a controller 239 and a detector 238 that detects information of an electrical actuator 19, including a current supplied to the actuator (see para [0118]), to determine an abnormal or stalled state of the actuator and control power supply to the actuating unit based on the determined state. The controller stops the power supply when an abnormal state is detected (see para [0122]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to determine an abnormal state of the actuating unit of Winefordner based on detected current and control power supply to the actuator accordingly, as taught by Shirai, with a reasonable expectation of success, in order to protect the motor and battery from an overcharged or undercharged state.
Regarding claims 61, 79, 92, and 105, Winefordner is silent regarding the power source being rechargeable.
Shirai teaches a battery that is rechargeable (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 configure the Winefordner battery as a rechargeable battery, as is old and well known and taught by Shirai, with a reasonable expectation of success, in order to reuse the battery repeatedly without having replace the battery, thereby saving cost and reducing waste.
Response to Arguments
Applicant’s arguments with respect to all of the claim(s) 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.
Applicant argues that the prior relied upon in the previous Office Action Winefordner and Komatsu, lacks a teaching of a battery that is rechargeable and replaceable. The examiner agrees that Winefordner and Komatsu are silent regarding the battery being both rechargeable and replaceable, although the examiner does not agree that this distinction is patentable. Electric bicycles typically include both rechargeable and replaceable batteries. Also, the rejection now relies upon Kitano et al., which teaches an electric bicycle with a power supply battery PS that includes a rechargeable and replaceable battery and that powers adjustable seatpost BA, derailleur controllers, and an assist drive unit DU.
It is noted that applicant’s remarks focus on the rechargeable and removable characteristics of the battery and do not specifically address the limitations of independent claims 88 and 101, which do not recite a removable and rechargeable battery. Therefore, the examiner maintains that the claims are not patentably distinct from the prior art of record.
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 Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/