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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/16/2026 has been entered.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 4, 5, 7-11, and 19-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schliewert (US 2016/0311494). Schliewert discloses:
With regard to claim 1 - Electric bicycle having a bicycle frame and a drive battery which can be fastened thereto, wherein a primary locking arrangement of the drive battery 2 on the bicycle frame is provided by means of a lock 14, wherein, after actuation of the lock 14, the drive battery 2 can be moved to an intermediate position (see Fig. 2), and with a secondary locking arrangement 15 which fixes the drive battery 2 in the intermediate position, characterized in that the secondary locking arrangement 15 can be actuated to a removal position in order to remove the drive battery 2 by means of a relative movement of the drive battery 2 relative to the bicycle frame, wherein the secondary locking arrangement 15 is provided by means of at least one secondary locking bar 19 which is guided in a guide track 15, and wherein the secondary locking bar 25 is configured to be moved to an unlocked removal position of the guide track 15 solely by means of a movement of the drive battery 2.
With regard to claim 4 - wherein the secondary locking arrangement 15 is unlocked by means of a movement of the drive battery 2 in the removal direction.
With regard to claim 5 - wherein the guide track 15 is designed as a guide slot or pocket-like groove (see Fig. 4).
With regard to claim 7 - wherein the guide track 15 forms bistable positions for the secondary locking bar 25.
With regard to claim 8 - wherein the guide track 15 has a lower end position and an upper end position for the secondary locking bar 25 (Fig. 4). As this limitation does not give further structure, the guide track 15 of the reference has an elongated shape and thus provides has a lower end and an upper end positions for the secondary locking bar 25.
With regard to claim 9 - wherein the secondary locking bar 25 is located in a lower end position of the guide track 15 when the drive battery 2 is completely locked and is arranged in its operating position.
With regard to claim 10 - wherein, after opening of the lock, the drive battery 2 is moved to an intermediate position (see Fig. 2), in which the secondary locking bar 25 is located in an upper end position of the guide track 15.
With regard to claim 11 - wherein the secondary locking bar 25 can be moved to a removal position of the guide track 15 by means of a movement of the drive battery 2 relative to the intermediate position. As this claim does not require exclusivity of movement strictly to that of the battery, the reference reads upon it.
With regard to claim 19 - wherein the guide track 15 is arranged next to an engagement point 21 of the lock 14.
With regard to claim 20 - wherein the guide track 15 is allocated to the drive battery 2.
With regard to claim 21 - wherein the drive battery 2 has an end section which can be pivotably inserted in the bicycle frame (see Figs. 2 and 3, wherein the entirety of the battery is pivoted into locking position), and the guide track 15 is formed on an end section opposite to the pivotable end section.
With regard to claim 22 - wherein the secondary locking arrangement is provided by means of at least one secondary locking bar 25 which is guided in a guide track 15;
wherein the guide track 15 is formed on the frame side (see Fig. 4).
With regard to claim 23 - wherein the drive battery 2 can be pivoted into a lower side of the down tube (see Figs. 2-3).
With regard to claim 24 - Drive battery assembly for an electric bicycle having a bicycle frame and a drive battery which can be fastened thereto, wherein a primary locking arrangement of the drive battery 2 on the bicycle frame is provided by means of a lock 14, wherein, after actuation of the lock 14, the drive battery 2 can be moved to an intermediate position (see Fig. 2), and with a secondary locking arrangement 15 which fixes the drive battery 2 in the intermediate position, characterized in that the secondary locking arrangement 15 can be actuated to a removal position in order to remove the drive battery 2 by means of a relative movement of the drive battery 2 relative to the bicycle frame, wherein the secondary locking arrangement 15 is provided by means of at least one secondary locking bar 19 which is guided in a guide track 15, and wherein the secondary locking bar 25 is configured to be moved to an unlocked removal position of the guide track 15 solely by means of a movement of the drive battery 2.
Allowable Subject Matter
Claims 3, 6, and 12-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3-24 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. Regarding the new rejection, the claims are broad enough to allow for the Schliewert reference to read upon them, as seen above due to no further structure being required for the battery to be removed through its own movement. Schliewert does not disclose further actuation of any component in order to remove the battery from its secondary locking device and therefore reads on the intended function of the claimed apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY WILHELM whose telephone number is (571)272-6980. The examiner can normally be reached Monday-Friday 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Dickson can be reached at 571-272-7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY WILHELM/ Primary Examiner, Art Unit 3617 March 6, 2026