DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after May 19, 2022, is being examined under the first inventor to file provisions of the AIA .
Preliminary Amendment
Receipt of the preliminary amendment filed 06/22/2023 is acknowledged. This amendment cancelled claims 2-3 and 6. The Applicant is advised to remove the text content of cancelled claims.
Claim Objections
Claims 15-16 and 17-18 are objected to because of the following informalities:
In claim 15, line 1, “a force-measuring device” should read “the force-measuring device”.
In claim 16, line 1, “a force-measuring device” should read “the force-measuring device”.
In claim 17, line 1, “a force-measuring device” should read “the force-measuring device”.
In claim 18, line 1, “a vehicle” should read “the vehicle”.
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,
In claim 12, line 1-2, “a first engagement unit” and “a second engagement unit” are not shown in figures 1 to 8B.
In claim 14, line 3, “an attachment means” is not shown in figures 1 to 8B.
The features 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.
Claims 12-13 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 12, line 1-2 recites the limitations: “a first engagement unit and “a second engagement unit”. The terms “a first engagement unit and “a second engagement unit” are indefinite because the specification does not clearly describe or distinguish the structural differences between these two elements. It is unclear whether the two “engagements units” are physical distinct components or parts of a single structure; how each engages its respective handlebar or extension. Accordingly, scope of the claim cannot be determined with reasonably certainty; and claim 12 is rejected under 112(b).
Claim 13 recites the limitation “the portion of the handlebar stem” in lines 1-2. Neither claim 12, nor any earlier claim introduces or defines a specific portion of the handlebar stem to which the limitation refers. Whether “the portion” refers to a specific segment (e.g., upper, lower, front, rear, or clamping region); or whether this “portion” is defined structurally or functionally. A “handlebar stem” typically includes multiple functional regions (e.g., handlebar clamp, steerer tube clamp, and connecting body). The specification does not provide clear guidance identifying which region constitutes “the portion” into which the sensor is integrated. As a result, one of ordinary skill in the art cannot determine with reasonable certainty. The metes and bounds of claim 13 cannot be determined with reasonable certainty. Accordingly, claim 13 is rejected under 35 U.S.C. 112(b) as being indefinite.
Claim 12 recites the limitation “the set of bicycle handlebars” in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitation “the portion of the handlebar stem” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 13 recites the limitations “the portion” and “the handlebar stem”. There is insufficient antecedent basis for this limitation in the claim.
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, 4-5 and 7-18 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by TSUCHIZAWA et al. (US Pub. 20170341705 A1; hereinafter “TSU”).
Regarding claim 1, TSU discloses: a device (“control device” 100; figs 1-5, ‘title’, ‘Abstract’; [0094]) adapted to be retrofitted between extant parts (seat post 11, or ‘saddle’ or ‘seat - 12’, equivalent to components on the specification of the application) of a bicycle (1, [0184]), the device comprising a sensor (seat position detector 38, information generator 60 or 46 or seat sensor 70; [0073 and 0183 or 0071 or 0088 or 0095]) for measuring forces (driving force RHP [0071]via detector 64, [0098]) in a substantially horizontal plane (note that: sensor acts on the horizontal plane RHP [0071], aligned with the direction of motion; thus, in a substantially in horizontal plane) and weight forces (“assisting force via 62”, [0099]) in a substantially vertical plane [para. 0116 teaches that the seat information is related to a rider's posture on the bicycle and a rider's pedaling load to move the bicycle; note that: via rider posture; thus substantially in vertical plane], the device (100) further comprising an engagement unit (clamping device 41, 43 [0073]) for connecting the device to the extant parts (seat post 11, [0073]), wherein the engagement unit (41 or 43) is adapted to engage a portion of a seat post (11) for a bicycle (1), and further adapted to engage (via 60, [0095]) a saddle (fig. 1) of the bicycle (1), wherein the engagement unit (41) comprises a clamp adopted to engage the bicycle saddle [ para. 0073 discloses: “the operating member 42 is detachably mounted to the seat post 11 with a clamping device 41 (an engagement unit) near the top end of the seat post 11; thus, further adapted to engage a saddle of the bicycle as depicted in fig. 1].
Regarding claim 4, TSU further discloses one or more rails (“seat rails”, [0066]) adapted to engage the seat post (11) [ para. 0066 discloses: “the seat adjusting mechanism 34 typically includes a rail extending in the front-rear direction of the bicycle 1.”]
Regarding claim 5, TSU further discloses that the device (100) further comprises an enclosure (housing, fig. 1) within which the sensor (60, fig. 2) is arranged. See fig. 1 where device 100 is configured to be housed in a rectangular box shaped structure.
Regarding claim 7, TSU further discloses that the sensor is further adapted to measure (via rotational mechanism 36, [0071]) an angle (α, [0071]) between the sensor and the substantially horizontal plane [para. 0007 discloses that the bicycle control device according to one of the above aspects is configured so that the seat information generator includes a seat position detector to detect a seat position corresponding to at least one of seat height position, seat angle position, and seat horizontal position; note that: control devices included in seat sensor 60 inside control device 100; see fig. 2.]
Regarding claim 8, TSU further discloses that the sensor (60) comprises a substantially flat (Shown in fig. 1, sensor 60 is positioned flat under seat 12) having an integral angle measurement device (seat angle position detector 56, fig. 2).
Regarding claim 9, TSU further discloses that a bicycle frame (frame 2, fig. 1; [0060]) comprising a device (100 or 60, fig. 2) according to claim 1.
Regarding claim 10, TSU further discloses that
Regarding claim 11, TSU further discloses that the device (100) is configured to be retrofitted into a load path (assist force via 62, fig. 2; [para. 0003 discloses that the assist controller is configured to control an assist actuator to assist a driving force of a bicycle based on the seat information and para. 0116 teaches that the seat information is related to a rider's posture on the bicycle and a rider's pedaling load to move the bicycle; note that: via ‘rider posture’ and ‘rider’s pedaling load’ represent load path; thus, configured to be retrofitted into a load path]).
Regarding claim 12, TSU further discloses that a device (100) comprising: a) a first engagement unit (operation device 16) adapted to engage the set of bicycle handlebars (10; fig. 1); and
b) a second engagement unit (a battery 14) adapted to engage a handlebar extension (button, switch or a lever, [0083]).
Regarding claim 13, TSU further discloses that the sensor (60) is integrated into the portion of the handlebar stem [para. 0083 discloses: “fig. 1 shows the seat operation device 16 which is attached to the handlebar 10; note that: seat operation device 16 is included within sensor 60 as depicted in fig. 2.]
Regarding claim 14, TSU further discloses that a force-measuring device (force detector, [0098]) for connection between extant part (crankshaft 26) of a vehicle, the device adapted to measure horizontal drag forces (driving force calculator 64, [0098]) and vertical weight forces (assisting force by actuator 30), the device comprising: a) a sensor (assist detector 62); and
b) an attachment means (via clamping device 41, 43 [0073]) for connection to a first extant part (saddle) of the vehicle (1) and for further connection to a second extant part (seat) of the vehicle to which a user may apply a force (driving force), wherein the attachment (41, 43) means is adapted to engage a portion of a seat post (fig. 1) for a bicycle (1), and further adapted to engage a saddle of the bicycle (1), wherein the attachment means (41, 43) comprises a clamp adapted to engage the bicycle saddle [ para. 0073 discloses that the operating member 42 is detachably mounted to the seat post 11 with a clamping device 41 near the top end (seat and saddle) of the seat post 11.]
Regarding claim 15, TSU further discloses that rider's posture on the bicycle and a rider's pedaling load to move the bicycle; note that: via ‘rider posture’ and ‘rider’s pedaling load’ represent load path; thus, configured to be retrofitted into a load path]).
Regarding claim 16, TSU further discloses that [0071]) between the sensor and the substantially horizontal plane. [para. 0007 discloses that the bicycle control device according to one of the above aspects is configured so that the seat information generator includes a seat position detector to detect a seat position corresponding to at least one of seat height position, seat angle position, and seat horizontal position; not that: control devices include seat sensor.; see fig. 2.]
Regarding claim 17, TSU further discloses that
Regarding claim 18, TSU further discloses that .
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20190009771 A1 to Atsushi discloses: a bicycle electric system comprises a first electric component, a second electric component, and a second controller. The first electric component includes a first controller and a sensor. The first controller is configured to control an operating status of the first electric component based on an output of the sensor.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NABIN KUMAR SHARMA whose telephone number is (703)756-4619. The examiner can normally be reached Mon - Friday: 8:00am - 5 PM EST.
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/NABIN KUMAR SHARMA/Examiner, Art Unit 3611
/VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611