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 .
Response to Arguments
Applicant’s amendments and arguments, filed 02/25/2026, with respect to claims 1 and 19 have been fully considered and are persuasive. The rejection of claims 1-9, 18-34, and 36 has been withdrawn.
Applicant's amendments and arguments filed 02/25/2026, regarding claims 10-17, 35 and 37 have been fully considered but they are not persuasive. Claims 10-13, 16-17, 35, and 37 are rejected under various different 102 and 103 rejections. Claims 14-15 contain allowable subject matter but depend from independent claim 10.
Regarding the new amendment to independent claim 10, Examiner believes Mitsuyasu discloses the second biasing structure {80} including a surface {left surface of 84 (Fig. 24)} contactable with the battery {60} when the battery {60} is inserted into the holder space {DT1} through the insertion opening {DT2}, the surface {left surface of 84 (Fig. 24)} being provided between the battery {60} and the holder body {DT} in the second direction {DX (Figs. 3, 24)} in the battery insertion state {Figs. 2, 24}.
Regarding new independent claim 35, a new 103 rejection is made under Pasqua (US 10,239,579) in view of Sala (US 2021/0129937), in view of the new focus of claim 35 on components of a rear derailleur (the “bicycle component”).
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 10-13, 16-17, and 37 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mitsuyasu (DE 102019/104238).
Regarding claim 10, Mitsuyasu discloses a battery holder {1} comprising: a holder body {DT} including a holder space {DT1} in which a battery {60} is configured to be at least partially provided, the holder space {DT1} including an insertion opening {DT2} through which the battery {60} is configured to pass in a first direction {DZ towards DT (direction perpendicular to DX and DY in Fig. 3)}; a holder lid {69} attachable to the holder body {DT} to cover the insertion opening {DT2} at least partially; and a second biasing structure {80 (Fig. 24)} coupled to the holder body {DT (via 12)} to bias the battery {60} in a second direction {DX (Figs. 3, 24)} in a battery insertion state where the battery {60} is at least partially provided in the holder space {DT1}, the second direction {DX} intersecting with the first direction {DZ (direction perpendicular to DX and DY in Fig. 3)}, the second biasing structure {80} including a surface {left surface of 84 (Fig. 24)} contactable with the battery {60} when the battery {60} is inserted into the holder space {DT1} through the insertion opening {DT2}, the surface {left surface of 84 (Fig. 24)} being provided between the battery {60} and the holder body {DT} in the second direction {DX (Figs. 3, 24)} in the battery insertion state {Figs. 2, 24}.
Regarding claim 11, Mitsuyasu discloses the second biasing structure {80 (Fig. 24)} is at least partially provided in the holder space {DT1} in a state where the battery {60} is provided outside the holder space {DT1}.
Regarding claim 12, Mitsuyasu discloses the second biasing structure {80 (Fig. 24)} includes a second biasing member {portion of 85+86 closest to 88} and a second movable member {80 (portion of 85+86 farthest from 88, and 88)} movably coupled to the holder body {DT (via 88)}, and the second biasing member {portion of 85+86 closest to 88} is configured to bias the second movable member {80 (portion of 85+86 farthest from 88, and 88)} in the second direction {DX (Figs. 3, 24)}.
Regarding claim 13, Mitsuyasu discloses the second biasing member {80} is configured to bias the battery {60} in the second direction {DX (Figs. 3, 24)} via the second movable member {80 (portion of 85+86 farthest from 88, and 88)} in the battery insertion state {Figs. 13, 24}.
Regarding claim 16, Mitsuyasu discloses the second direction {DX} is perpendicular to the first direction {DZ (direction perpendicular to DX and DY in Fig. 3)}.
Regarding claim 17, Mitsuyasu discloses the holder body {DT} includes a cable holder {SP (Fig. 16)} configured to hold an electrical cable {99}, and the second biasing structure {80} is provided to the cable holder {SP (Fig. 16)}.
Regarding claim 37, Mitsuyasu discloses the second biasing member {80 (Fig. 24)} is a spring {85 (Fig. 21)}.
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 35 is rejected under 35 U.S.C. 103 as being unpatentable over Pasqua (US 10,239,579), as cited by Applicant, in view of Sala (US 2021/0129937), as cited by Applicant.
Regarding claim 35, Pasqua discloses a bicycle component {10} comprising: a base member {12} includes a mounting portion {14} configured to be fastened to a vehicle body {2A, frame 1109 (of bicycle 1100)} with a derailleur fastener {14 (Fig. 2 shows mounting portion 14 is configured to fasten base member 12 to frame 1109, either directly as the fastener or indirectly with a not-shown fastener): “The electric rear derailleur 10 comprises in general a support body 12 configured to be mounted on the frame 1109 of the bicycle 1100 through per se well known means generically indicated with 14” (Col. 7, lines 45-48)}; a movable member {16} movable relative to the base member {12}; a linkage structure {20} movably coupling the base member {12} and the movable member {16: “a movable body 16 comprising a chain guide or rocker arm 18, and a linkage 20 that connects the movable body 16 to the support body 12 so that the movable body 16 can be displaced” (Col. 7, lines 48-51)}; and a battery holder {46 (Fig. 4)} provided to the linkage structure {20}, the battery holder {46 (48+50+52)} comprising: a holder body {48+50+52} including a holder space {46: defined by interior of 48+50+52 (Fig. 4)} in which a battery {40} is configured to be at least partially provided {Figs. 2-6}, the holder space {46} including an end portion {52} and an insertion opening {48} through which the battery {40} is configured to pass in a first direction {Figs. 2-6}; a holder lid {70: “a strap 70 is advantageously provided for secured to the inner connecting rod 22 astride the mouth 48 of the compartment 46, preferably with the interposition of the laterally projecting edge 64 of the battery power supply unit 40, when provided for” (Col. 10, line 65 – Col. 11, line 3); “alternatively, the strap 70 could be replaced by a lid having a rim extending along the entire perimeter thereof, able to be snap-locked into a perimeter groove made on the inner connecting rod 22, close to the mouth 48 of the compartment 46” (Col. 11, lines 22-26)} attachable to the holder body {48+50+52} to cover the insertion opening {48} at least partially; and a first biasing structure {76 (Fig. 7): “an inflected portion 76 of the strap 70 exerts a thrust on the battery power supply unit 40 towards the compartment 46” (Col. 11, lines 38-40)} coupled to the holder lid {70} to bias the battery {40} toward the end portion {52} in a battery holding state {Figs. 2-3} where the battery {40} is provided in the holder space {46} and where the holder lid {70} is attached to the holder body {48+50+52 (Figs. 2-7)}.
However, Pasqua discloses the insertion opening {48} being closer to (not farther from) a fastener center axis {concentric axis of 14 (Fig. 2)} of the derailleur fastener {14} than the end portion {52} of the holder space {46} when viewed along the fastener center axis {concentric axis of 14 (Fig. 2)} of the derailleur fastener {14}.
Sala teaches {Fig. 15} the insertion opening {336: “An outer surface of the housing 33 has an opening 336 communicating with the second receiving space 334. In the current embodiment, the opening 336 of the housing 33 is disposed on a side wall of the housing 33 away from the linkage assembly 20” [0085]} being farther from a fastener center axis {concentric axis of 511 (Fig. 10)} of the derailleur fastener {511: “the first pivot 511 passes through the through hole 122d of the fixing portion 10” [0061]} than the end portion {portion of housing 33 (334) contacting the battery opposite 335} of the holder space {334 (Fig. 16)} when viewed along the fastener center axis {concentric axis of 511 (same as concentric axis of 10)} of the derailleur fastener {511 (Fig. 15 shows that the battery end portion is closer to 10 than the battery insertion opening)}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the bicycle component, as disclosed by Pasqua, such that the insertion opening is farther from a fastener center axis of the derailleur fastener than the end portion of the holder space when viewed along the fastener center axis of the derailleur fastener, as taught by Sala, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Allowable Subject Matter
Claims 1-9, 18-34 and 36 are allowed.
The following is an examiner’s statement of reasons for allowance:
Regarding claim 1, none of the prior art of record, either alone or in obvious combination, discloses a battery holder for a human-powered vehicle comprising: a holder body including a holder space in which a battery is configured to be at least partially provided, the holder space including an end portion and an insertion opening through which the battery is configured to pass in a first direction; an electrical contact provided to the end portion of the holder space; a holder lid attachable to the holder body to cover the insertion opening at least partially; and a first biasing structure coupled to the holder lid to bias the battery toward the end portion in a battery holding state where the battery is provided in the holder space and where the holder lid is attached to the holder body, the first biasing structure being configured to bias the battery toward the electrical contact in a state where the battery is provided in the holder space (emphasis added).
Claims 2-9, 18, 20-34 and 36 are allowable by virtue of dependence from claim 1.
Regarding claim 19, none of the prior art of record, either alone or in obvious combination, discloses a battery holder for a human-powered vehicle comprising: a holder body including a holder space in which a battery is configured to be at least partially provided, the holder space including an end portion and an insertion opening through which the battery is configured to pass in a first direction; a holder lid attachable to the holder body to cover the insertion opening at least partially; and a first biasing structure coupled to the holder lid to bias the battery toward the end portion in a battery holding state where the battery is provided in the holder space and where the holder lid is attached to the holder body, the holder lid being attachable to the holder body in a third direction intersecting with the first direction, and the third direction being perpendicular to the first direction (emphasis added).
Claims 14-15 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 14, none of the prior art of record, either alone or in obvious combination, discloses the battery holder according to claim 12, wherein the second movable member includes a second inclined surface contactable with the battery, and the second inclined surface is non-perpendicular and non-parallel to the second direction (emphasis added).
Accordingly, claim 15 is in condition for allowance by virtue of dependence from claim 14.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
THIS ACTION IS MADE FINAL. 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 Daniel M Keck whose telephone number is (571)272-5947. The examiner can normally be reached Mon - Fri 8:00-4:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at (571)270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Daniel M. Keck/Patent Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614