DETAILED ACTION
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 .
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.
Claims 1-4, 6-8, 11, 12, 16-19, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (US 9,963,194 B2) in view of Plassiard (DE 102012206324 A1; see provided machine translation) and in further view of Hsieh (US 7,856,905 B2; hereinafter referred to as ‘905).
Regarding claim 1, Hsieh discloses a coupling unit (50; Figure 6) for a pedal assembly configured to be used with a human-powered vehicle, the coupling unit releasably coupling a cleat (Column 2 / Line 49) of a shoe (Column 2 / Lines 49-50) to the pedal assembly, the coupling unit comprising:
a first coupling member (58; Figure 6) configured to releasably couple the cleat to the coupling unit, the first coupling member being configured to be disposed to a pedal body (10) of the pedal assembly, the first coupling member having a first hole (the hole of 58 that 56 goes through as shown in Figure 6) and a second hole (the hole on the opposite side of 58 from the viewed first hole; 56 is viewed as extending through both sides of 58);
a second coupling member (55; Figure 6) configured to releasably couple the cleat to the coupling unit, the second coupling member being pivotable between a cleat holding position (the position of 55 when 55 engages a cleat) and a cleat non-holding position (the position of 55 when 55 does not engage a cleat), the second coupling member being coupled to the first coupling member, the second coupling member having a third hole (the hole of 55 that 56 goes through as shown in Figure 6) and a fourth hole (the hole on the opposite side of 55 from the viewed first hole; 56 is viewed as extending through both sides of 55); and
a shaft (56) having a center axis (the axial centerline of 56), the shaft being disposed in the first hole, the second hole, the third hole and the fourth hole such that the second coupling member is pivotable about the center axis; and
a biasing member (57) disposed between the first and second coupling members.
Hsieh does not disclose that the shaft being non-rotatably coupled to the first hole and the second hole of the first coupling member.
Plassiard teaches non-rotatably coupling a shaft (12.1a, 12.1b, 12.2a, 12.2b) to two holes (Page 5 / Lines 23-25 of the machine translation disclose crimping the end of the axle that engage in the openings in the pedal body arm thus shaft is non-rotatably coupled to the openings).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shaft of Hsieh to be non-rotatably coupled to the first hole and the second hole of the first coupling member, as taught by Plassiard, for the purpose of reducing the friction in the assembly via preventing the shaft from rotating relative to the first coupling member.
Hsieh does not disclose that the biasing member includes a first portion contacting the first coupling member so that the biasing member is in an operational state while the coupling unit is removed from the pedal assembly.
‘905 teaches a biasing member (121) that includes a first portion (1211) contacting a first coupling member (11; 1211 contacts 114 of 11) so that the biasing member is in an operational state while the coupling unit is removed from the pedal assembly (Column 3 / Lines 21-28).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the biasing member of Hsieh to include a first portion contacting the first coupling member so that the biasing member is in an operational state while the coupling unit is removed from the pedal assembly, as taught by ‘905, for the purpose of keeping the biasing member in a biased state with the first coupling member thus aiding in keeping the biasing member and the first coupling member in a desired orientation.
Regarding claim 2, Hsieh discloses a coupling unit (50; Figure 6) for a pedal assembly equipped with a human-powered vehicle, the coupling unit releasably coupling a cleat (Column 2 / Line 49) of a shoe (Column 2 / Lines 49-50) to the pedal assembly, the coupling unit comprising:
a first coupling member (58; Figure 6) configured to releasably couple the cleat to the coupling unit, the first coupling member being configured to be disposed to a pedal body (10) of the pedal assembly, the first coupling member having a first hole (the hole of 58 that 56 goes through as shown in Figure 6) and a second hole (the hole on the opposite side of 58 from the viewed first hole; 56 is viewed as extending through both sides of 58);
a second coupling member (55; Figure 6) configured to releasably couple the cleat to the coupling unit, the second coupling member being pivotable between a cleat holding position (the position of 55 when 55 engages a cleat) and a cleat non-holding position (the position of 55 when 55 does not engage a cleat), the second coupling member being coupled to the first coupling member, the second coupling member having a third hole (the hole of 55 that 56 goes through as shown in Figure 6) and a fourth hole (the hole on the opposite side of 55 from the viewed first hole; 56 is viewed as extending through both sides of 55); and
a shaft (56) having a center axis (the axial centerline of 56), the shaft being disposed in the first hole, the second hole, the third hole and the fourth hole such that the second coupling member is pivotable about the center axis,
the shaft having a first axial end (the left end of 56 in Figure 6) and a second axial end (the right end of 56 in Figure 6) opposite to the first axial end, and a biasing member (57) is operational in a removed state (the state as shown in Figure 6 where 50 is floating in space i.e. not attached to the pedal) in which the coupling unit is removed from the pedal assembly (57 would be fully capable of providing a biasing force thus is viewed as maintaining operational capability when 50 is not attached to the pedal); and
a biasing member (57) disposed between the first and second coupling members.
Hsieh does not disclose both of the first axial end and the second axial end being non-rotatably crimp-fastened to one of the first coupling member and the second coupling member.
Plassiard teaches an axle that is held in position by a crimp on the ends that engage a pedal body arm (see Page 5/ Lines 23-25 of the machine translation).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the axial ends of the shaft of Hsieh to be non-rotatably crimp-fastened to one of the first coupling member and the second coupling member, as taught by Plassiard, for the purpose of securing the shaft inside the coupling unit such that the shaft is still rotatable yet is prevented from falling out of the coupling unit.
Hsieh does not disclose that the biasing member includes a first portion contacting the first coupling member so that the biasing member is in a removed state while the coupling unit is removed from the pedal assembly.
‘905 teaches a biasing member (121) that includes a first portion (1211) contacting a first coupling member (11; 1211 contacts 114 of 11) so that the biasing member is in a removed state while the coupling unit is removed from the pedal assembly (Column 3 / Lines 21-28).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the biasing member of Hsieh to include a first portion contacting the first coupling member so that the biasing member is in a removed state while the coupling unit is removed from the pedal assembly, as taught by ‘905, for the purpose of keeping the biasing member in a biased state with the first coupling member thus aiding in keeping the biasing member and the first coupling member in a desired orientation.
Regarding claim 3, Hsieh discloses that the biasing member biases the second coupling member towards the cleat holding position (57 functions to move 55 to a position which would hold the cleat onto the pedal).
Regarding claim 4, Hsieh discloses that the first coupling member includes an outer portion (shown below) and an inner portion (shown below), and both of the inner portion and the outer portion curve toward each other (see Figure 6).
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Annotated Figure 6 of Hsieh (US 9,963,194 B2)
Regarding claim 6, Hsieh discloses that the inner portion includes an inner engagement recess (the recess by the annotated inner portion) configured to engage with a positioning profile (the part of 10 that the annotated inner portion wraps around as shown in Figure 6) of the pedal body, and
the outer portion includes an outer engagement recess (the recess by the annotated outer portion) configured to engage with another positioning profile (the part of 10 that the annotated outer portion wraps around as shown in Figure 6) of the pedal body.
Regarding claim 7, Hsieh discloses that the inner engagement recess is different from the outer engagement recess in shape (the two recesses face in two different directions thus are viewed as being different in shape).
Regarding claim 8, Hsieh discloses that the first hole is disposed adjacent to the third hole with respect to an axial direction (along the axial centerline of 56) defined by the center axis of the shaft, and the second hole is adjacent to the fourth hole with respect to the axial direction (see Figure 6).
Regarding claim 11, Hsieh discloses that the first coupling member includes a first pedal mounted portion (shown below), a second pedal mounted portion (shown below), and a cleat engagement portion (54, 58) connecting the first pedal mounted portion and the second pedal mounted portion.
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Annotated Figure 6 of Hsieh (US 9,963,194 B2)
Regarding claim 12, Hsieh discloses that the biasing member is disposed on the shaft (see Figure 6).
Regarding claim 16, Hsieh discloses that the biasing member biases the second coupling member towards the cleat holding position (57 functions to move 55 to a position which would hold the cleat onto the pedal).
Regarding claim 17, Hsieh discloses a pedal comprising:
the coupling unit according to claim 1;
a pedal axle (11) having a rotational center axis (the axial centerline of 11); and
a pedal body (10) rotatably supported with respect to the pedal axle to rotate around the rotational center axis, the coupling unit being attached to the pedal body.
Regarding claim 21, Hsieh discloses a coupling unit (50; Figure 6) for a pedal assembly configured to be used with a human-powered vehicle, the coupling unit releasably coupling a cleat (Column 2 / Line 49) of a shoe (Column 2 / Lines 49-50) to the pedal assembly, the coupling unit comprising:
a first coupling member (58; Figure 6) configured to releasably couple the cleat to the coupling unit, the first coupling member being configured to be disposed to a pedal body (10) of the pedal assembly, the first coupling member having a first hole (the hole of 58 that 56 goes through as shown in Figure 6) and a second hole (the hole on the opposite side of 58 from the viewed first hole; 56 is viewed as extending through both sides of 58);
a second coupling member (55; Figure 6) configured to releasably couple the cleat to the coupling unit, the second coupling member being pivotable between a cleat holding position (the position of 55 when 55 engages a cleat) and a cleat non-holding position (the position of 55 when 55 does not engage a cleat), the second coupling member being coupled to the first coupling member, the second coupling member having a third hole (the hole of 55 that 56 goes through as shown in Figure 6) and a fourth hole (the hole on the opposite side of 55 from the viewed first hole; 56 is viewed as extending through both sides of 55);
a shaft (56) having a center axis (the axial centerline of 56), the shaft being disposed in the first hole, the second hole, the third hole and the fourth hole such that the second coupling member is pivotable about the center axis; and
a biasing member (57) disposed between the first and second coupling members.
Hsieh does not disclose that the shaft being non-rotatably coupled to the third hole and the fourth hole of the first coupling member.
Plassiard teaches non-rotatably coupling a shaft (12.1a, 12.1b, 12.2a, 12.2b) to two holes (Page 5 / Lines 23-25 of the machine translation disclose crimping the end of the axle that engage in the openings in the pedal body arm thus shaft is non-rotatably coupled to the openings).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shaft of Hsieh to be non-rotatably coupled to the third hole and the fourth hole of the second coupling member, as taught by Plassiard, for the purpose of reducing the friction in the assembly via preventing the shaft from rotating relative to the second coupling member.
Hsieh does not disclose that the biasing member includes a first portion contacting the first coupling member so that the biasing member is in an operational state while the coupling unit is removed from the pedal assembly.
‘905 teaches a biasing member (121) that includes a first portion (1211) contacting a first coupling member (11; 1211 contacts 114 of 11) so that the biasing member is in an operational state while the coupling unit is removed from the pedal assembly (Column 3 / Lines 21-28).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the biasing member of Hsieh to include a first portion contacting the first coupling member so that the biasing member is in an operational state while the coupling unit is removed from the pedal assembly, as taught by ‘905, for the purpose of keeping the biasing member in a biased state with the first coupling member thus aiding in keeping the biasing member and the first coupling member in a desired orientation.
Regarding claim 18, Hsieh in view of Plassiard and in further view of ‘905 discloses a pedal comprising:
the coupling unit according to claim 2;
a pedal axle (11; Hsieh) having a rotational center axis (the axial centerline of 11; Hsieh); and
a pedal body (10; Hsieh) rotatably supported with respect to the pedal axle to rotate around the rotational center axis, the coupling unit being attached to the pedal body.
Regarding claim 19, Hsieh discloses that the coupling unit further comprises a biasing member (57) biasing the second coupling member towards the cleat holding position.
Regarding claim 23, Hsieh discloses that the first coupling member is **[configured to releasably couple to a first portion of the cleat]** (a portion of the cleat appears to engage 54 in light of Column 2 / Lines 57-62) and the second coupling member is **[configured to couple to a second portion of the cleat, the first and second portions being different]** (the portion of the cleat that is engaged by 55).
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (US 9,963,194 B2) in view of Plassiard (DE 102012206324 A1; see provided machine translation) and in further view of Hsieh (US 7,856,905 B2; hereinafter referred to as ‘905) as applied to claim 1 above, and further in view of Nagano (US 5,003,841 A)).
Regarding claim 22, while Hsieh appears to show a biasing force adjuster (see the fastener that extends horizontally through 55 in Figure 6), Hsieh in view of Plassiard and in further view of ‘905 does not explicitly disclose that the biasing member includes a second portion contacting a biasing force adjuster.
Nagano teaches a biasing force adjuster (9, 10) that is disposed between a biasing member (6) and a coupling member (4), and contacts a portion of the biasing member (movement of 9 and 10 moves the vertical portion of 6 as shown in Figure 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling unit of Hsieh in view of Plassiard and in further view of ‘905 to have the biasing member includes a second portion contacting a biasing force adjuster, as taught by Nagano, for the purpose of adjusting the force required to move the second coupling member thus altering the ease of attaching the cleat to the coupling unit.
Claims 1, 3, 4, 6-9, 11, 12, 17, and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (US 9,963,194 B2) in view of Winefordner et al. (US 7,225,703 B2) and in further view of Hsieh (US 7,856,905 B2; hereinafter referred to as ‘905).
Regarding claim 1, Hsieh discloses a coupling unit (50; Figure 6) for a pedal assembly configured to be used with a human-powered vehicle, the coupling unit releasably coupling a cleat (Column 2 / Line 49) of a shoe (Column 2 / Lines 49-50) to the pedal assembly, the coupling unit comprising:
a first coupling member (58; Figure 6) configured to releasably couple the cleat to the coupling unit, the first coupling member being configured to be disposed to a pedal body (10) of the pedal assembly, the first coupling member having a first hole (the hole of 58 that 56 goes through as shown in Figure 6) and a second hole (the hole on the opposite side of 58 from the viewed first hole; 56 is viewed as extending through both sides of 58);
a second coupling member (55; Figure 6) configured to releasably couple the cleat to the coupling unit, the second coupling member being pivotable between a cleat holding position (the position of 55 when 55 engages a cleat) and a cleat non-holding position (the position of 55 when 55 does not engage a cleat), the second coupling member being coupled to the first coupling member, the second coupling member having a third hole (the hole of 55 that 56 goes through as shown in Figure 6) anda fourth hole (the hole on the opposite side of 55 from the viewed first hole; 56 is viewed as extending through both sides of 55);
a shaft (56) having a center axis (the axial centerline of 56), the shaft being disposed in the first hole, the second hole, the third hole and the fourth hole such that the second coupling member is pivotable about the center axis; and
a biasing member (57) disposed between the first and second coupling members.
Hsieh does not disclose that the shaft being non-rotatably coupled to the first hole and the second hole of the first coupling member.
Winefordner et al. teaches press-fitting a shaft (60) in a fixed body (90) of a bicycle pedal, the fixed body having a first hole (one hole of 90 that 60 goes through) and a second hole (the other hole of 90 that 60 goes through), a movable body (80) that is movable relative to the fixed body, the movable body having a third hole (one hole of 80 that 60 goes through) and a fourth hole (the other hole of 80 that 60 goes through), the shaft is non-press fitted into the third and fourth hole thus allowing the movable body to rotate around the shaft, and the movable body is configured to be engaged by a cleat (Column 1 / Lines 10-45 and Column 2 / Lines 40-67 discusses that the invention of Winefordner et al. is a clipless pedal with fewer parts than previous designs).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the shaft of the coupling unit of Hsieh to be press-fitted to the first hole and the second hole, as taught by Winefordner et al., for the purpose of aiding in preventing the shaft from falling out of the coupling unit.
Hsieh does not disclose that the biasing member includes a first portion contacting the first coupling member so that the biasing member is in an operational state while the coupling unit is removed from the pedal assembly.
‘905 teaches a biasing member (121) that includes a first portion (1211) contacting a first coupling member (11; 1211 contacts 114 of 11) so that the biasing member is in an operational state while the coupling unit is removed from the pedal assembly (Column 3 / Lines 21-28).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the biasing member of Hsieh to include a first portion contacting the first coupling member so that the biasing member is in an operational state while the coupling unit is removed from the pedal assembly, as taught by ‘905, for the purpose of keeping the biasing member in a biased state with the first coupling member thus aiding in keeping the biasing member and the first coupling member in a desired orientation.
Regarding claim 3, Hsieh discloses that the biasing member biases the second coupling member towards the cleat holding position (57 functions to move 55 to a position which would hold the cleat onto the pedal).
Regarding claim 4, Hsieh discloses that the first coupling member includes an outer portion (shown below) and an inner portion (shown below), and both of the inner portion and the outer portion curve toward each other (see Figure 6).
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Annotated Figure 6 of Hsieh (US 9,963,194 B2)
Regarding claim 6, Hsieh discloses that the inner portion includes an inner engagement recess (the recess by the annotated inner portion) configured to engage with a positioning profile (the part of 10 that the annotated inner portion wraps around as shown in Figure 6) of the pedal body, and
the outer portion includes an outer engagement recess (the recess by the annotated outer portion) configured to engage with another positioning profile (the part of 10 that the annotated outer portion wraps around as shown in Figure 6) of the pedal body.
Regarding claim 7, Hsieh discloses that the inner engagement recess is different from the outer engagement recess in shape (the two recesses face in two different directions thus are viewed as being different in shape).
Regarding claim 8, Hsieh discloses that the first hole is disposed adjacent to the third hole with respect to an axial direction (along the axial centerline of 56) defined by the center axis of the shaft, and the second hole is adjacent to the fourth hole with respect to the axial direction (see Figure 6).
Regarding claim 9, Hsieh in view of Winefordner et al. discloses that the shaft is press-fitted to the first hole and the second hole (Winefordner et al. teaches press-fitting as discussed in the rejection of claim 1).
Regarding claim 11, Hsieh discloses that the first coupling member includes a first pedal mounted portion (shown below), a second pedal mounted portion (shown below), and a cleat engagement portion (54, 58) connecting the first pedal mounted portion and the second pedal mounted portion.
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Annotated Figure 6 of Hsieh (US 9,963,194 B2)
Regarding claim 12, Hsieh discloses that the biasing member is disposed on the shaft (see Figure 6).
Regarding claim 17, Hsieh discloses a pedal comprising:
the coupling unit according to claim 1;
a pedal axle (11) having a rotational center axis (the axial centerline of 11); and
a pedal body (10) rotatably supported with respect to the pedal axle to rotate around the rotational center axis, the coupling unit being attached to the pedal body.
Regarding claim 23, Hsieh discloses that the first coupling member is **[configured to releasably couple to a first portion of the cleat]** (a portion of the cleat appears to engage 54 in light of Column 2 / Lines 57-62) and the second coupling member is **[configured to couple to a second portion of the cleat, the first and second portions being different]** (the portion of the cleat that is engaged by 55).
Claims 13 and 14 rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (US 9,963,194 B2) in view of Winefordner et al. (US 7,225,703 B2) and in further view of Hsieh (US 7,856,905 B2; hereinafter referred to as ‘905) as applied to claim 12 above, and further in view of Hsieh (US 2012/0167711 A1; hereinafter referred to as ‘711).
Regarding claim 13, Hsieh discloses that the biasing member includes a spring (57) operatively disposed between the first coupling member and the second coupling member.
Hsieh in view of Winefordner et al. and in further view of ‘905 does not disclose that the biasing member includes a plurality of springs.
‘711 teaches a coupling unit (1) that has a first coupling member (11), a second coupling member (12), a shaft (16) that extends through both the first and second coupling members, and two springs (14, 15) located on the shaft.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the biasing member of Hsieh in view of Winefordner et al. and in further view of ‘905 to include a plurality of springs, as taught by ‘711, for the purpose of allowing the biasing force to be optimized by allowing for two springs with different spring rates.
Regarding claim 14, Hsieh in view of Winefordner et al. and in further view of ‘905 and further in view of ‘711 discloses that each of the plurality of springs includes a coil portion (the coiled portion of 14 and 15 as shown in Figure 1 of ‘711) disposed on the shaft.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (US 9,963,194 B2) in view of Winefordner et al. (US 7,225,703 B2) and in further view of Hsieh (US 7,856,905 B2; hereinafter referred to as ‘905) as applied to claim 3 above, and further in view of Nagano (US 5,003,841 A)).
Regarding claim 15, while Hsieh appears to show a biasing force adjuster (see the fastener that extends horizontally through 55 in Figure 6), Hsieh in view of Winefordner et al. and in further view of ‘905 does not explicitly disclose a biasing force adjuster disposed between the biasing member and the second coupling member.
Nagano teaches a biasing force adjuster (9) that is disposed between a biasing member (6) and a coupling member (4).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling unit of Hsieh in view of Winefordner et al. and in further view of ‘905 to have a biasing force adjuster disposed between the biasing member and the second coupling member, as taught by Nagano, for the purpose of adjusting the force required to move the second coupling member thus altering the ease of attaching the cleat to the coupling unit.
Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Hsieh (US 9,963,194 B2) in view of Winefordner et al. (US 7,225,703 B2) and in further view of Hsieh (US 7,856,905 B2; hereinafter referred to as ‘905) as applied to claim 1 above, and further in view of Nagano (US 5,003,841 A)).
Regarding claim 22, while Hsieh appears to show a biasing force adjuster (see the fastener that extends horizontally through 55 in Figure 6), Hsieh in view of Winefordner et al. and in further view of ‘905 does not explicitly disclose that the biasing member includes a second portion contacting a biasing force adjuster.
Nagano teaches a biasing force adjuster (9, 10) that is disposed between a biasing member (6) and a coupling member (4), and contacts a portion of the biasing member (movement of 9 and 10 moves the vertical portion of 6 as shown in Figure 2).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the coupling unit of Hsieh in view of Winefordner et al. and in further view of ‘905 to have the biasing member includes a second portion contacting a biasing force adjuster, as taught by Nagano, for the purpose of adjusting the force required to move the second coupling member thus altering the ease of attaching the cleat to the coupling unit.
Claims 2, 16, 18, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 10,207,769 B1) in view of Plassiard (DE 102012206324 A1; see provided machine translation) and in further view of Hsieh (US 7,856,905 B2; hereinafter referred to as ‘905).
Regarding claim 2, Chen discloses a coupling unit for a pedal assembly equipped with a human-powered vehicle, the coupling unit releasably coupling a cleat (101) of a shoe (100) to the pedal assembly, the coupling unit comprising:
a first coupling member (23; Figure 9) configured to releasably couple the cleat to the coupling unit, the first coupling member being configured to be disposed to a pedal body (21) of the pedal assembly, the first coupling member having a first hole (Shown below) and a second hole (shown below);
a second coupling member (30; Figure 9) configured to releasably couple the cleat to the coupling unit, the second coupling member being pivotable between a cleat holding position (the position of 30 when 30 engages a cleat) and a cleat non-holding position (the position of 30 when 30 does not engage a cleat), the second coupling member being coupled to the first coupling member, the second coupling member having a third hole (shown below; the second coupling member on the right side of Figure 9 is shown with two holes thus the structure labeled numeral 30 in Figure 9 also has two holes; Furthermore, element 30 must have two holes which would allow the shaft to pass through element 30) and a fourth hole (shown below); and a shaft (shown below) having a center axis (the axial centerline of the shaft), the shaft being disposed in the first hole, the second hole, the third hole and the fourth hole such that the second coupling member is pivotable about the center axis,
the shaft having a first axial end (shown below) and a second axial end (shown below) opposite to the first axial end, and a biasing member (42) is operational in a removed state (a state where 23, 30, 41, 42, and the shaft are in an assembled state and not attached to the pedal; those elements do not need to be directly attached to the pedal to form an assembly because they would all be connected to one another via the shaft) in which the coupling unit is removed from the pedal assembly (42 would be fully capable of providing a biasing force when not attached to the pedal thus is viewed as maintaining operational capability when an assembly of 23, 30, 41, 42, and the shaft is formed); and
a biasing member (57) disposed between the first and second coupling members.
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Annotated Figure 9 of Chen (US 10,207,769 B1)
Chen does not disclose both of the first axial end and the second axial end being non-rotatably crimp-fastened to one of the first coupling member and the second coupling member.
Plassiard teaches an axle that is held in position by a crimp on the ends that engage a pedal body arm (see Page 5/ Lines 23-25 of the machine translation).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the axial ends of the shaft of Chen to be non-rotatably crimp-fastened to one of the first coupling member and the second coupling member, as taught by Plassiard, for the purpose of securing the shaft inside the coupling unit without the need for an additional fastening element i.e. a circlip thus reducing the number of parts in the assembly.
Hsieh does not disclose that the biasing member includes a first portion contacting the first coupling member so that the biasing member is in a removed state while the coupling unit is removed from the pedal assembly.
‘905 teaches a biasing member (121) that includes a first portion (1211) contacting a first coupling member (11; 1211 contacts 114 of 11) so that the biasing member is in a removed state while the coupling unit is removed from the pedal assembly (Column 3 / Lines 21-28).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the biasing member of Hsieh to include a first portion contacting the first coupling member so that the biasing member is in a removed state while the coupling unit is removed from the pedal assembly, as taught by ‘905, for the purpose of keeping the biasing member in a biased state with the first coupling member thus aiding in keeping the biasing member and the first coupling member in a desired orientation.
Regarding claim 16, Chen discloses a biasing member (42) biasing the second coupling member towards the cleat holding position.
Regarding claim 18, Chen in view of Plassiard and in further view of ‘905 discloses a pedal comprising: the coupling unit according to claim 2;
a pedal axle (10; Chen) having a rotational center axis (the axial centerline of 10; Chen); and
a pedal body (21a) rotatably supported with respect to the pedal axle to rotate around the rotational center axis, the coupling unit being attached to the pedal body.
Regarding claim 19, Chen discloses that the coupling unit further comprises a biasing member (40) biasing the second coupling member towards the cleat holding position.
**The above statements in brackets are instances of intended use and functional language. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. Apparatus claims cover what a device is, not what a device does, see MPEP 2114. It has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations.
Allowable Subject Matter
Claim 5 is 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.
Response to Arguments
Applicant’s arguments with respect to claims 1-4, 6-19, and 21-23 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/ADAM D ROGERS/ Primary Examiner, Art Unit 3617