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
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 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 1-3, 6-20 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen (US Patent 5003913) “Jensen” and Blake (US Patent 4092781) “Blake”.
Regarding claims 1, 6-16, Jensen discloses a device (1) for measuring wear of a bicycle chain (16) having a plurality of links that include rollers (13), alternating pairs of inner plates (14) and outer plates (15), and pins (11) extending through the rollers and apertures in the plates, the device comprising: an elongated rigid plate (1) configured to be grasped in a user's hand, wherein the plate comprises a machined aluminum plate (Column 3; lines 55-56) having a first planar broad surface (surface of 1), a long axis (length direction of 1) and a short axis (height direction of 1); the chain extending in the direction of the long axis (Fig. 2). The device further comprising a chain prong (2), integrally machined (Fig. 3) with the plate, and configured to support one of the rollers of the chain extending from the first broad planar surface (Fig. 3), the chain prong comprises a lateral spacer element (Fig. 3) and a prong body having a pair of teeth, each tooth configured to fit between adjacent rollers on the chain to accurately locate the roller center, and an arcuate surface (10) between the teeth configured to conform to a surface of the roller.
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See Jensen Fig. 1
The device further comprising a bore (3) in the plate positioned adjacent the arcuate surface (10) and serving as a datum for measurement when a roller (13) is in place on the chain prong (2). A longitudinal wear measurement scale (4,5,6,7) disposed on a second broad planar surface of the plate opposite to the first broad planar surface (Fig. 1), wherein the longitudinal measurement scale comprises a plurality of through holes (4,5,6,7) and further includes indicia (“new”, “good”, “fair”, “replace”) indicative of the percentage (Column 3; lines 5-35) of longitudinal wear, the through holes arranged in the direction of the short axis and are surrounded by a recess in the plate (Fig. 2).
Jensen does not disclose measuring lateral wear, a lateral boss extending outwardly adjacent a corner wherein the lateral boss is integrally machined, nor a lateral wear measurement scale.
Blake teaches measuring lateral wear (Column 1; lines 22-24), a lateral boss (5) extending outwardly adjacent a corner (32) wherein the lateral boss is integrally machined, and a lateral wear measurement scale (Column 1; lines 22-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Blake’s a lateral boss for measuring lateral wear in Jensen’s device for measuring wear of a bicycle chain to ensure the bicycle chain is in good operable condition, thereby improving wear measurement accuracy and eliminating the need for a separate lateral wear measurement tool.
Regarding claims 2 and 3, Jensen and Blake disclose the limitations of claim 1. Additionally, they disclose the lateral boss (Blake; 5) has a depth and a length (Column 3; lines 4-5) greater than or equal to a width of the outer plate of the chain (Jensen; 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date to configure Blake’s lateral boss to have a depth and length greater than or equal to Jensen’s chain plate, ensuring the bicycle chain can be held to the lateral boss more securely during measurement.
Regarding claim 17, Jensen discloses a device for measuring longitudinal wear (1) of a bicycle chain having a plurality of links that include rollers (13), alternating pairs of inner plates (14) and outer plates (15), and pins (11) extending through the rollers and apertures in the plates, the device comprising: an elongated rigid plate (1) configured to be grasped in a user's hand, the elongated plate having a first planar broad surface of 1), a long axis (length direction of 1) and a short axis (height direction of 1); a chain prong (2) configured to support one of the rollers of the chain extending from the first broad planar surface (Fig. 3); and a quantitative longitudinal wear measurement scale (4,5,6,7) disposed on a second broad planar surface (opposite surface of 1) of the plate opposite to the first broad planar surface.
Regarding claims 18-20, Jensen discloses a method of measuring wear of a bicycle chain, the method comprising: providing a chain wear measurement device (1) comprising;
an elongated rigid plate (1) configured to be grasped in a user's hand, the elongated plate having a first planar broad surface (surface of 1), a long axis (length direction of 1) and a short axis (height direction of 1);
positioning a bicycle chain (16) on the device with at least one of the outer plates lying flat and the chain extending in the direction of the long axis (Fig. 2).
using the chain wear measurement device (1) to measure longitudinal wear of the chain (Fig. 2)
placing a roller (13) of the chain (16) in a chain prong (2) of the device and observing the position of the chain relative to a longitudinal measurement scale (4,5,6,7) at an end of the plate (1) opposite to an end at which the chain prong is positioned (2).
Jensen does not disclose a lateral boss extending outwardly adjacent a corner, a lateral wear measurement scale, nor observing the position of the chain relative to the lateral wear measurement scale to determine the degree of lateral wear.
Blake teaches a lateral boss (5) extending outwardly adjacent a corner (32), a lateral wear measurement scale (Column 1; lines 22-24), nor observing the position of the chain relative to the lateral wear measurement scale to determine the degree of lateral wear (Column 1; lines 22-24).
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Blake’s lateral boss and lateral wear measurement scale in Jensen’s method of measuring wear of a bicycle chain to ensure the bicycle chain is in good operable condition, thereby improving wear measurement accuracy and eliminating the need for a separate lateral wear measurement tool.
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Jensen and Blake, further in view of Chen (CN 217358367) “Chen”.
Regarding claims 4 and 5, Jensen and Blake disclose the limitations of claim 1, and the lateral wear measurement scale (Column 1; lines 22-24)
Jensen and Blake do not disclose a plurality of depressions, nor a plurality of indicia positioned adjacent corresponding depressions.
Chen teaches a plurality of depressions (23), and a plurality of indicia (24) positioned adjacent corresponding depressions.
It would have been obvious to one of ordinary skill in the art before the effective filing date to use Chen’s plurality of indicia with corresponding depressions in Jensen and Blake’s device for measuring wear of a bicycle chain, making it easier for the user to align their bicycle chain with the measurement device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA JOSEPHINE SAUNDERS whose telephone number is (571)272-6528. The examiner can normally be reached 7:30-5:00 EST.
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/ANNA JOSEPHINE SAUNDERS/Examiner, Art Unit 2855
/PETER J MACCHIAROLO/Supervisory Patent Examiner, Art Unit 2855
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