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 .
Election/Restrictions
Claims 2, 4, 5, 7-16, and 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/2/26 (hereinafter Response). Examiner notes that although Applicant takes the position in the Response that claims 2 & 4 are included in the elected Species, the Specification does not make this clear.
Regarding claim 2, the ability of the electrical energy storage to not include a housing appears to be unique to the species where the holding device is a foam. See [0012] of Applicant’s originally filed Specification.
Regarding claim 4, although the elected species includes the elastic web 78, it is unclear how the elastic web could be considered to “attenuate transmission of force between the frame tube and the electrical energy store and compensate[] for manufacturing tolerances” as claimed in claim 4. Instead, and as disclosed in [0009] the embodiments capable of attenuating transmission of force appear to be those where the elastic element is an elastomer, e.g., the elastomeric ring of Figs. 4a-4b and Fig. 14. See [0009], [0044], [0047], and [0079] of Applicant’s originally filed Specification.
Applicant's election with traverse of Species XII (Fig. 13) in the Response is acknowledged. The traversal is on the grounds that there is no examination or search burden in searching and examining the various patentably distinct species/holding devices because the search terms/queries and classifications are likely to be the same/similar. This is not found persuasive because as stated in the Restriction Requirement: “There is a search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: --the species or groupings of patentably indistinct species have acquired a separate status in the art in view of their different classification; --the species or groupings of patentably indistinct species have acquired a separate status in the art due to their recognized divergent subject matter; and/or --the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).” For example, the search strategies or queries directed toward the elected “snap hook” embodiment is quite different from those that would be employed to search for the non-elected species where holding device includes an adhesive element. Further the classification is different because the particular classes for the differing holding elements is different. For example, the elected snap hook field of search includes F16B21/06 - releasable fastening devices with snap-action, which would not be included in the field of search for the non-elected adhesive holding element species.
The requirement is still deemed proper and is therefore made FINAL.
Specification
The disclosure is objected to because of the following informalities: [0078] states in part “The web 78 of the snap hook 76 is preferably designed to be parallel to the longitudinal axis of the frame tube 3. By preloading the snap hooks 78, they can exert a radial force upon the electrical energy store 4.” This should be amended to instead recite: “The web 78 of the snap hook 76 is preferably designed to be parallel to the longitudinal axis of the frame tube 3. By preloading the snap hooks [[78]]76, they can exert a radial force upon the electrical energy store 4. FIG. 13 shows an advantageous combination with a radial stop 53. Alternatively, the holding device 5 can also be combined with one of the aforementioned embodiments of a holding device 5.”
Appropriate correction is required.
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.
Claims 1, 3, 6, 17, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0247502 A1 to Mitsuyasu et al (hereinafter Mitsuyasu).
Regarding claim 1, Mitsuyasu discloses an electric bicycle (10) (Fig. 1 & Abstract) comprising:
an electric drive (80) (Fig. 2 & [0136]);
at least one frame tube (16A,72) having an interior in which a receiving portion (16S) is arranged (Fig. 2 & [0143]);
an electrical energy store (40) arranged in the interior (16S) of the at least one frame tube (16A,72) and configured to be received by the receiving portion (16S) (Fig. 2 & [0143]); and
a holding device (50) configured to establish a connection between the electrical energy store (40) and the frame tube (16A,72) and to fix the electrical energy store (40) in the interior (16S) to the frame tube (16A,72) (Figs. 18-19 & [0182]-[0185]), the holding device (50) having no electrical contacts (44A) (Figs. 2, 23 & [0188] disclose the electrical contacts for the battery are located on the end),
wherein the holding device (50) fixes the electrical energy store (40) in the frame tube (16A,72) at least by a radial force and the holding device (50) is connected to the electrical energy store (40) without a screw connection (Figs. 18-19 & [0182]-[0185] disclose the biasing portions 50 are biased radially outward into and when engaged into holes, e.g., 74C restrict movement of the battery 40.).
Regarding claim 3, depending on claim 1, Mitsuyasu further discloses wherein the holding device (50) is connected to the frame tube (16A,72) without a screw connection (Figs. 18-19 & [0182]-[0185]).
Regarding claim 6, depending on claim 1, Mitsuyasu further discloses wherein the frame tube (16A,72) has an axial stop and/or radial stop (62) (Figs. 2, 18, 22 & [0145] and [0186] disclose the stop 62 can restrict movement of the battery in the axial, e.g., G1, and radial direction, e.g., “a direction intersecting the longitudinal direction of the frame.”).
Regarding claim 17, depending on claim 1, Mitsuyasu further discloses wherein the holding device (50) comprises a snap hook (50) that fixes the electrical energy store (40) ([0181]-[0185] disclose the engagement portions 48A are biased radially outward and engage in holes 74C; as shown in the figures and discussed the biasing portions are interpreted as snapping and hooking into the holes.).
Regarding claim 17, depending on claim 1, Mitsuyasu further discloses an electrical conductor (96) connecting the electrical energy store (40) to the electrical drive (80) (Figs. 2 and 23 & [0188]).
Conclusion
See the 892 for prior art made of record and not relied upon that is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B WEHRLY whose telephone number is (303)297-4433. The examiner can normally be reached Monday - Friday, 8:30 - 4:30 MT.
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/CHRISTOPHER B WEHRLY/Primary Examiner, Art Unit 3611