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 § 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.
Claims 1-3, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Marui (US 5,553,511) in view of Romano (US 4,946,181).
In re claims 1 and 5, Marui discloses a steering device for two- and three-wheeled vehicles which have a frame (2) with a head tube (20), a fork (1) with a stem tube (10), and a handlebar stem (3, 37, 38) with handlebars (356), the stem tube being guided through the head tube and mounted in the same (as shown in Figure 1), by means of an upper and a lower headset bearing (13, 14), and connected in a rotationally fixed manner at its upper free end, which protrudes out of the head tube of the frame (as shown in Figure 1), to the handlebar stem, and the handlebar stem having a recess (inside element 37), through which the handlebars are guided and fastened in a rotationally fixed manner (as shown in Figure 1), characterized
- in that the inner lateral surface of the region of the handlebar stem connected to the stem tube or the outer lateral surface of the region of the stem tube connected to the handlebar stem is constructed as a knurled surface (101), and the lateral surface of the respectively other component (30) of the rotationally fixed connection, which is in operative connection with the polygonal lateral surface, is a cylindrical lateral surface (351, as shown in Figures 3 and 6), and/or
- in that the inner lateral surface of the mount of the handlebar stem for the handlebars or the outer lateral surface of the region of the handlebars connected to the handlebar stem is constructed as an n-sided polygon, and the outer lateral surface of the respectively other component of the rotationally fixed connection, which is in frictional operative connection with the polygonal lateral surface, is a cylindrical lateral surface.
The Examiner notes that the clause following “and/or” is not required by the prior art (because conjunction OR only requires one of the two alternatives recited).
Marui, however, does not disclose wherein the outer later surface of the stem tube is an n-sided polygon in frictional operative connection.
Romano, however, does disclose wherein the outer lateral surface (13a) of a steering component (13) is an n-sided polygon (as shown in Figures 4-5) in frictional operative connection (column 3, lines 3-7) with a circular cylindrical surface (18); having rounded corners (chamfered corners 14) (claim 5) (as shown in Figure 4) to provide a secure mounting point between the two steering components.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the outer lateral surface of Marui such that it comprised the n-sided polygon shape of Romano such to advantageously provide a secure frictional connection between the steering components.
In re claim 2, Romano further discloses wherein the diameter of the circle, to which the edges of an inner polygon are tangent, is equal to or smaller than the outer diameter of the respectively other component of the rotationally fixed connection, which is in operative connection with the polygonal inner lateral surface (as shown in Figure 5). The Examiner notes that an equal to diameter is necessary for the combination as taught in claim 1 to function to maintain the frictional connection.
In re claim 3, Romano further discloses wherein the diameter of the circle, which encloses the corners of an outer polygon, is equal to or larger than the inner diameter of the respectively other component of the rotationally fixed connection, which is in operative connection with the polygonal outer lateral surface (as shown in Figure 5). The Examiner notes that an equal to diameter is necessary for the combination as taught in claim 1 to function to maintain the frictional connection.
In re claim 6, Marui further discloses wherein grooves extending in the axial direction are arranged between the surfaces of the stem (as shown in Figure 6). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the outer lateral surface of Marui and Romano such that it further comprised grooves of Marui to advantageously increase the frictional connection.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Marui and Romano in view of Allmendinger (DE 200 03 227).
In re claim 4, the combination of Marui and Romano discloses the number of polygonal surfaces being 6, but does not disclose 10 or more surfaces. Allmendinger, however, does disclose wherein the number of polygonal surfaces is 10 (as shown in Figure 4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the number of surfaces of Marui and Romano to be 10 as taught by Allmendinger to advantageously provide additional frictional engagement points of contact and since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215.
Allowable Subject Matter
Claims 7-12 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the specific limitations of “the stop being arranged in one of the two headset bearings, the stop consisting of a base, which is connected in a rotationally fixed manner to the fork of the two- or three-wheeled vehicle, on the outer lateral surface of which base a circular arc shaped recess, which is open towards the inner lateral surface of the bearing shell of the rolling bearing, is located, and a stop element, which is securely arranged in the bearing shell and protrudes radially into the recess, the lower bearing shell coaxially accommodating the base and the rolling bearing and being connected in a rotationally fixed manner to the head tube, characterized - in that for the rotationally fixed connection of the base to the stem tube of the fork, the inner lateral surface of the base or the outer lateral surface of the region of the stem tube connected to the base is constructed as an n-sided polygon, and the lateral surface of the respectively other component of the rotationally fixed connection, which is in operative connection with the polygonal lateral surface, is a cylindrical lateral surface, and/or - for the rotationally fixed connection of the bearing shell to the head tube of the frame, the outer lateral surface of the lower bearing shell or the inner lateral surface of the region of the head tube connected to the bearing shell is constructed as an n-sided polygon, and the lateral surface of the respectively other component of the rotationally fixed connection, which is in operative connection with the polygonal lateral surface, is a cylindrical lateral surface” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art does not teach and it would not be obvious to modify the art to provide a polygonal connection for the steering stop, as this would involve increased design and manufacturing complexity.
Response to Arguments
Applicant’s arguments with respect to claims 1-6 have been considered but are moot because the new ground of rejection does not rely on the Allmendinger reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 Michael R Stabley whose telephone number is (571)270-3249. The examiner can normally be reached on M-F 9-5:30.
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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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/MICHAEL R STABLEY/Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611