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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “bottom bracket” in claim 1, line 10 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "at least one first connection point" in line 12; “a second connection point” lines 12-13; “at least another one first connection point” in line 17 and “a second connection point” lines 17-18. There is insufficient antecedent basis for this limitation in the claim. “[A]t least two first connection points” in line 4 and “at least two second connection points” in line 5 were first set forth in claim 1. The subsequent first and second connection points list above make claim 1 indefinite. It cannot be determined if these subsequent first and second connection points are the same connection points originally set forth in claim 1 or separate, new first and second connection points.
Claim 1 recites the limitation "a coupling member" in line 18. There is insufficient antecedent basis for this limitation in the claim. “[A]t least two coupling members was originally introduced in line 6. It cannot be determined if the “coupling member” in line 18 is one of the original coupling members introduced in line 6, or if the coupling member in line 18 is a new, separate coupling member.
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 4 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 4 is basically identical to previous claim 3. 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)(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.
Claim(s) 1, 3-8, 11-12, 14, 16-18 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Rocky Mountain Bicycles WO 03/018392 (RMB). RMB discloses a suspension arrangement (10) for a vehicle with at least two wheels, the vehicle having a vehicle frame (20,30) comprising a rear frame part (30) and a front frame part (20), the suspension arrangement (10) comprising: at least two first connection points (34,38) at the rear frame part (30), at least two second connection points (32,40) at the front frame part (20), at least two coupling members (26,28) each connected at a first connection point (34, 38) and a corresponding second connection point (32, 40), wherein at least the second connection points (32, 40) are pivoting connection points, wherein the at least two second connection points (32,40) at the front frame part (20) are situated in the front frame part (20) above the bottom bracket (22) of the vehicle frame (20) or above instant center of the suspension arrangement (10), wherein at least one first connection point (38) is situated above a second connection point (40) to which said first connection point (32) is connected to with a coupling member (26), said coupling member (26) being closest to the front of the vehicle frame (20) or higher on the vehicle frame (20) than another coupling member (28), and wherein at least another one first connection point (34) is connected to a second connection point (32) with a coupling member (28), the suspension arrangement (10) further comprising a damper unit (24) operationally connected pivotably in relation to the front frame part (20) and the rear frame part (30) wherein the damper unit (24) is connected to the front frame part (20) and to a connection point (42), which connection point (42) is on the rear frame part (30) side of the coupling member (26) closest to the front of the vehicle frame (20).
Regarding claims 3-4 and 14, RMB discloses wherein the at least one first connection point (34,38) is situated above or vertically at the same level with a second connection point (32, 40) to which said first connection point is connected to with a coupling member (See Fig. 1).
Regarding claim 5, RMB discloses wherein the second connection points are situated above the height of a stretched segment of the drive chain, jackshaft or idler (See Fig 1).
Regarding claim 6 and 16-18, RMB discloses wherein at least one of the second connection points (32) comprises a connecting member through the front frame part (20).
Regarding claims 7-8 and 20, RMB discloses the first connection points (34, 38) and the second connection points (32, 40) are located so that the instant center of the suspension arrangement (10) has a curved profile wherein the curve stays above the bottom bracket (22) of the vehicle frame (20, 30). As shown in Figure 1, when the rear frame rotates in relation to the front frame, the rear frame will move in a curved manner.
Regarding claim 11, RMB discloses a bicycle comprising the suspension arrangement (10).
Regarding claim 12, RMB discloses wherein the connecting member is an axle (See Fig. 1).
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) 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rocky Mountain Bicycles WO 03/018392 (RMB) in further view of In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA1955). RMB discloses the suspension arrangement as set forth in claim 1 above, but does not disclose wherein at SAG 25-55% the average of the anti-squat range of the suspension arrangement is in the range of 80-110% or the average ratio of wheel travel to shock travel of the suspension arrangement is in the range of 2.45-2.65 millimeters of rear wheel travel for 1 millimeter shock travel. In Re Aller states “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” Therefore, it would have been obvious to a person of ordinary skill at the time of filling to experiment with the workable ranges of the suspension arrangement disclosed in RMB to achieve the ranges claimed above. Adjusting the spring force of the damper of the suspension arrangement would produce the ranges claimed.
Allowable Subject Matter
Claims 2, 13, 15 and 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James A Shriver II whose telephone number is (303)297-4337. The examiner can normally be reached M-F 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J. Allen Shriver II can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613