DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 6 is objected to because of the following informalities:
“…the inner wall is adjacent a lower…” should be corrected to “the inner wall is adjacent to a lower…”
Appropriate correction is required.
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 3,6,10 and 15-16 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.
Regarding claims 3, 15 and 16, “the tensioning rod” lacks antecedent basis in the parent claims.
Regarding claim 6, “the inner wall is adjacent to a lower end of the head tube” (see claim objection for Examiner Interpretation), it is unclear how the inner wall (that is already a structural component of the head tube (See specification Pg 1 lines 21-23 and pg 22 lines 7-10) can be adjacent to a lower end of the head tube.
Regarding claim 10, “the external front member” lacks antecedent basis in the parent 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.
Claim(s) 1-15 and 17-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Killing (US 2020/0055562).
Regarding claim 1, Killing et al (hereinafter “Killing”) anticipates a bicycle 30 (Fig 1) comprising:
a frame 32 (Fig 12) including a head tube 150 (Fig 12);
a fork assembly 200 (Fig 11) coupled to the head tube 150 (Figs 11 and 12) [and configured to rotate relative to the head tube about an axis of rotation] (“Fork assembly 200 is configured to rotate about head tube portion 150, e.g., in response to rotation of base bar 45” and “…Load-bearing member 215 and tensioning rod 230 rotate together about axis of rotation 235 (see FIG. 12). Tensioning rod 230 rotates within head tube portion 150, and load-bearing member 215 rotates external to any tubes of bicycle 30” para 0073), wherein the fork assembly 200 (Fig 11) includes:
a fork body having an upper portion 205 (Fig 11) [interfaced with an upper end of the head tube] (“For example, fork top 205 may include recesses and/or projections (e.g., disposed on an upper surface 207) configured to mate with complementary recesses and/or projections of junction portion 54.…one or more fasteners may secure junction portion 54 to fork top 205 and/or to other components of fork assembly 200 and/or bicycle frame 32.” para 0061 ), a lower bearing surface 242 (Figs 11 and 12 ) [interfaced with a lower end of the head tube 150 (Figs 11 and 12) ] (Fig 12 shows the phantom lines of the bicycle frame head tube member 150 interfacing with the lower end of the head tube component “As shown in FIG. 12, tensioning rod 230 and space 240 fit within head tube portion 150 of bicycle frame 32. Head tube portion 150 is sized such that space 240 within the head tube portion has sufficient volume to allow passage of cables 115.” para 0065 ), and a front member 215 (Figs 11 and 12 para 0062) [connecting the upper portion and the lower bearing surface, the front member disposed forward of a front surface of the head tube 150 (Fig 12) ] (“…a load-bearing member 215 (also called a load-bearing portion and/or a front load-bearing portion) disposed at a front portion of the fork assembly (e.g., at a fork front surface 218).” para 0062, Fig 12 shows the load bearing member forward of the head tube portion); and
a tension rod 230 (Figs 11 and 12) [extending from the upper portion to the lower bearing surface through an aperture of an inner wall of the head tube] (“Tensioning rod 230 extends from a lower surface 242 of fork assembly 200 through space 240 toward fork top 205.” para 0064) [at a position offset from the axis of rotation] (“…but in other examples, the tensioning rod may be offset from the axis of rotation” para 0064 ), such that the tension rod 230 (Figs 11 and 12) [is configured to move with rotation of the fork body] (“Fork assembly 200 is configured to rotate about head tube portion 150, e.g., in response to rotation of base bar 45. For example, a rider of bicycle 30 may rotate base bar 45 while turning the bicycle. Load-bearing member 215 and tensioning rod 230 rotate together about axis of rotation 235 (see FIG. 12). Tensioning rod 230 rotates within head tube portion 150, and load-bearing member 215 rotates external to any tubes of bicycle 30.” para 0073 );
[wherein the inner wall is oriented transverse to the axis of rotation and the aperture is configured to limit a range of motion of the tension rod] 230 (Figs 11 and 12) (“Preload insert 246 further includes a steering stop 249. Steering stop 249 projects from a side of preload insert 246 and is configured to limit the angular span over which the preload insert can rotate within head tube portion 150. For example, steering stop 249 may be sized and shaped such that the steering stop engages internal walls of head tube portion 150” para 0068, Fig 12 additionally shows the head tube 150 has inner walls that are oriented transverse to the axis of rotation 235, the steering stop 249 rotates within the head tube 150 (having apertures on the top and bottom) and engages with the inner walls and apertures of the head tube 150 element).
Regarding claim 11, Killing anticipates a fork assembly for a bicycle, the fork assembly 200 (Fig 11) comprising:
a C-shaped fork body 215 (Fig 11 shows the fork body having a substantially c-shape) configured to be coupled to a head tube 150 (Figs 11 and 12) of a bicycle 30 (Fig 1 ), wherein
the fork body 215 (Fig 11) includes an external front member 218 (Fig 11, para 0062) spanning an upper portion 205 (Fig 11) configured to interface with an upper end of the head tube 150 (Fig 12 )] (“As shown in FIG. 12, tensioning rod 230 and space 240 fit within head tube portion 150 of bicycle frame 32. Head tube portion 150 is sized such that space 240 within the head tube portion has sufficient volume to allow passage of cables 115. Typically, the volume within head tube portion 150 is sufficiently large that cables 115 may pass through freely, such that the functioning of the cables is not impeded by, e.g., pressure or tension from the head tube portion and/or from tensioning rod 230.” Para 0065 ), a lower bearing surface 242 (Figs 11 and 12 ) [configured to interface with a lower end of the head tube 150 (Figs 11 and 12) ] (Fig 12 shows the phantom lines of the bicycle frame head tube member 150 interfacing with the lower end of the head tube component “As shown in FIG. 12, tensioning rod 230 and space 240 fit within head tube portion 150 of bicycle frame 32. Head tube portion 150 is sized such that space 240 within the head tube portion has sufficient volume to allow passage of cables 115.” para 0065 );
a tension rod 230 (Figs 11 and 12) [extending from the upper portion to the lower bearing surface] (“Tensioning rod 230 extends from a lower surface 242 of fork assembly 200 through space 240 toward fork top 205.” para 0064) wherein the external front member 218 (Fig 11) and the tension rod 230 (Fig 11) [are disposed on opposite sides of the axis of rotation] (“Fork assembly 200 further includes a tensioning rod 230 (also called a preload rod, preload tensioning rod, and/or central tensioning rod) disposed behind load-bearing member 215… but in other examples, the tensioning rod may be offset from the axis of rotation” (Emphasis added ), para 0064 ).
Regarding claims 2 and 14 (same claim limitations, different claim dependencies) , Killing anticipates a preload insert 246 (Figs 14 and 15, para 0067) [secured to the upper portion 205 (Fig 11) ] (“Typically, preload insert 246 has a bore 247 configured to receive an end portion of tensioning rod 230, such that the preload insert is positioned on top of the rod within fork top 205.” para 0067 ), wherein the preload insert 246 (Figs 14 and 15, para 0067) [is configured to preload headset bearings disposed at the upper end of the head tube 150 (Figs 11 and 12 )] (“Preload insert 246 is configured to preload headset bearings facilitating rotation of fork assembly 200 relative to head tube portion 150.” para 0067 ).
Regarding claims 3 and 15 (same claim limitations, different claim dependencies) , Killing anticipates [an upper end of the tensioning rod 230 (Fig 14) is coupled to the preload insert 246 (Fig 14)] (“Preload insert 246 is positioned on an upper end of tensioning rod 230.” para 0067 ) [and a lower end of the tension rod 230 (Fig 11) is coupled to the lower bearing surface] (“Tensioning rod 230 extends from a lower surface 242 of fork assembly 200 through space 240 toward fork top 205.” Para 0064).
Regarding claims 4 and 17 (same claim limitations, different claim dependencies), Killing anticipates the upper portion 205 (Fig 11) [includes a mounting
surface configured to be coupled to a handlebar stem of the bicycle] (“V-shaped stem 50 includes a pair of stem members 52 diverging from a junction portion 54.” (As shown in Fig 2) para 0043 and “As shown in FIG. 11, fork assembly 200 includes a fork top, generally indicated at 205, which is rigidly connectable to junction portion 54 of v-shaped stem 50.” para 0061- Fig 12 shows the interaction between upper portion 205 with the handlebar stem 54 of the bicycle).
Regarding claims 5 and 18 (same claim limitations, different claim dependencies), Killing anticipates one or more fork blades 220 (Fig 12) [extending downward from a lower end of the fork body 215 (Fig 11, “One or more of fork blades 220 may be integral with load-bearing member 215.” para 0062) .
Regarding claim 6, Killing anticipates [the inner wall is adjacent a lower end of the head tube 150 (Fig 13)] (Fig 13 shows the head tube having 2 apertures (one on the top and one on the bottom, wherein an inner surface of the head tube runs transversal to these openings) .
Regarding claims 7 and 19 (same claim limitations, different claim dependencies), Killing anticipates the fork assembly 200 (Fig 11, para 0060) [is formed as a single piece] (Fig 11 shows the entirety of the fork assembly as one single piece ).
Regarding claim 8, Killing teaches the aperture (Fig 15) is a circular shape (Fig 15 shows the opening at each of the top and bottom of the head tube 150 have a circular shape and are therefore “arcuate in shape”, wherein parts of the circle are arcuate and follow a curved path).
Regarding claims 9 and 20 (same claim limitations, different claim dependencies) , Killing anticipates the upper portion 205 (Fig 11) includes a first opening 210 (Fig 11) [configured to receive one or more brake lines into an interior of the fork body] (“Fork top 205 includes at least one top aperture 210 configured to receive cables 115 from v-shaped stem 50.” para 0061 ).
Regarding claim 10, Killing anticipates the external front member 218 (Fig 11) and the tension rod 230 (Fig 11) [are disposed on opposite sides of the axis of rotation] (“Fork assembly 200 further includes a tensioning rod 230 (also called a preload rod, preload tensioning rod, and/or central tensioning rod) disposed behind load-bearing member 215… but in other examples, the tensioning rod may be offset from the axis of rotation” (Emphasis added ), para 0064 ).
Regarding claim 12, Killing anticipates the tension rod 230 (Figs 11 and 12) [is configured to extend through an aperture of an inner wall of the head tube] (“Tensioning rod 230 extends from a lower surface 242 of fork assembly 200 through space 240 toward fork top 205.” para 0064) and [wherein the aperture is configured to limit a range of orbital motion of the tension rod] 230 (Figs 11 and 12) (“Preload insert 246 further includes a steering stop 249. Steering stop 249 projects from a side of preload insert 246 and is configured to limit the angular span over which the preload insert can rotate within head tube portion 150. For example, steering stop 249 may be sized and shaped such that the steering stop engages internal walls of head tube portion 150” para 0068, Fig 12 additionally shows the head tube 150 has inner walls that are oriented transverse to the axis of rotation 235, the steering stop 249 rotates within the head tube 150 (having apertures on the top and bottom) and engages with the inner walls and apertures of the head tube 150 element, thus, with the aperture engaging with the steering stop, the range of orbital motion of the tension rode 230 is limited via the aperture).
Regarding claim 13, Killing anticipates the external front member 218 (Fig 11) and the tension rod 230 (Fig 11) [are offset from the axis of rotation by different respective distances] (“…but in other examples, the tensioning rod may be offset from the axis of rotation, and/or may not be parallel to the axis of rotation.” (emphasis added) para 0064-thus the front member 218 and rod 230 can be offset from the axis of rotation 235 using different distances).
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 16 is rejected under 35 U.S.C. 103 as being unpatentable over Killing in view of French (US 20090236817 A1).
Regarding claim 16, Killing teaches the lower end of the tension rod 230 (Fig 11) [is connected to the lower bearing surface 242 ] (“Tensioning rod 230 extends from a lower surface 242 of fork assembly 200 through space 240 toward fork top 205.” para 0064 ).
Killing does not teach the tension rod is threaded into the lower bearing surface.
French teaches an equivalent tension rod (preload bolt 100, Fig 2, paras 0061 and 0062) that is threaded into a lower surface 31 (Fig 2, “The preload bolt 100 is a hollow, cylindrical, annular structure that has an outer barrel 102 with external threads 104 defined thereon for engagement with the conventional internally threaded upper end 31 of the steerer tube 20.” para 0061).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the threaded bolt of French with the tension rod of Killing with a reasonable expectation of success because it would allow for an improved interaction between the rod and the lower bearing surface. By having the tension rod be threaded and engaged with the lower bearing surface, the tension rod is more secure between the top and bottom of the fork and is less likely to rotate and separate from the lower bearing surface.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Luen (US 5,680,798) teaches an improved handlebar stem assembly with a fork of a bicycle, the handlebar stem of the handlebar stem assembly is provided with a step which abuts against a pressure adjuster on a top end of the steer tube such that the pressure adjuster exerts a downward force to secure the upper bearing assembly in place.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN M KNAUF whose telephone number is (703)756-4532. The examiner can normally be reached 8:00 AM -4:30 PM.
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/M.M.K./Examiner, Art Unit 3611
/VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611