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 Objections
Claim 1 is objected to because of the following informalities: "and the other end provided with an axial direction staggered from the handlebar hole" recited in claim 1 should be "and [the. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 1-4, 6 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20170043838 A1 ("Ahnert").
Claim 1: Ahnert teaches a bicycle handlebar stem assembly (100) for mounting to a front fork stem and for installation of a handlebar, the bicycle handlebar stem assembly comprising: a connecting base (111) including a tightening portion (110), a pivot portion (114) connected to the tightening portion, and a pressure-receiving portion (150) connected to the pivot portion (Fig. 2), the tightening portion having a stem hole (112) for connecting the front fork stem (para. 25, lines 4-8); a handlebar base (130, 120) pivoted to the pivot portion of the connecting base (Figs 5 and 6 showing pivoted connection), the handlebar base including an opening (opening; Annotated Fig. 2 below), a handlebar hole (para. 35, lines 7-11) communicating with the opening for penetration of the handlebar, and an accommodation space (space for 150 of 111) communicating with the opening (Fig. 2); an elastic member (170) disposed in the accommodation space and contacting the pressure-receiving portion and the handlebar base (para. 37, lines 1-3), so that when the handlebar base is pivoted with respect to the connecting base, the elastic member is compressed between the pressure-receiving portion and the handlebar base (para. 37, lines 9-17); and an adjustment component (160) having one end pressing the elastic member to adjust a pre-pressure state of the elastic member and change an elastic coefficient of the elastic member when the elastic member is compressed between the pressure-receiving portion and the handlebar base, and [the ]another end provided with an axial direction staggered from the handlebar hole and passing through the opening (Fig. 2; para. 40).
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Annotated Fig. 2
Claim 2: Ahnert teaches the limitations of claim 1 as noted above. Ahnert further teaches the bicycle handlebar stem assembly, wherein the adjustment component (160) includes a pressing block (162) pressing against the elastic member (170), and an adjusting bolt (126) passing through the pressing block, so that a pressing force of the pressing block applied to the elastic member is adjusted by rotating the adjusting bolt (Fig. 2; para. 40); an axial direction of the adjusting bolt is staggered from the handlebar hole and passes through the opening (Fig. 2; para. 29, lines 3-8).
Claim 3: Ahnert teaches the limitations of claim 2 as noted above. Ahnert further teaches the bicycle handlebar stem assembly, wherein the handlebar base (120, 130) further includes a stem (120) and an end cap (130) detachably mounted to the stem (via 139; Fig. 2; para. 35, lines 3-7); the stem has a first top through groove (129) and a first transverse through hole (128 part of main hole for handlebar of stem 120) communicating with the first top through groove; the end cap has a second top through groove (132) and a second transverse through hole (part that connects to 128 of main hole for handlebar of end cap 130) communicating with the second top through groove; the opening is formed by the first and second top through grooves, and the handlebar hole is formed by the first and second transverse through holes (Fig. 2; para. 35, lines 7-9).
Claim 4: Ahnert teaches the limitations of claim 3 as noted above. Ahnert further teaches the bicycle handlebar stem assembly, wherein the stem (120) has a through hole (through hole; Annotated Fig. 2) communicating with the accommodating (space for 150 of 111) space and the opening (Fig. 2); the adjusting bolt (126) has a head portion and a screw rod connected to the head portion (Fig. 2); the adjusting bolt passes through the through hole along the axial direction in a way that the head portion is exposed in the opening, and the screw rod is screwed to the pressing block (160) (para. 29, lines 3-8), so that the pressing block (162) is moved relative to the elastic member (170) to change the pressing force by rotating the adjusting bolt (126) (para. 40).
Claim 6: Ahnert teaches the limitations of claim 2 as noted above. Ahnert further teaches the bicycle handlebar stem assembly, wherein the pressure-receiving portion (150) of the connecting base (111) further has a threaded hole (Fig. 2; para. 29, lines 3-8); the adjusting bolt (126) has a head portion pressing against the pressing block (160), and a screw rod connected to the head portion and threaded with the threaded hole (Fig. 2).
Claim 7: Ahnert teaches the limitations of claim 1 as noted above. Ahnert further teaches the bicycle handlebar stem assembly, further comprising a block (960) abutted between the pressure-receiving portion (150) and the handlebar base (120) (Figs. 5 and 6).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over US 20170043838 A1 ("Ahnert") in view of TW M586230 U ("Liao").
Claim 5: The prior art teaches the limitations of claim 4 as noted above. The cited prior art does not teach the bicycle handlebar stem assembly, further comprising a driving member and a sheath sleeved on the driving member and covering the opening; the driving member has a knob portion exposed outside the sheath and a connecting rod connected to the knob portion and the head portion of the adjusting bolt.
However, Liao teaches the bicycle handlebar stem assembly, further comprising a driving member (62) and a sheath (51) sleeved on the driving member and covering the opening (Fig. 2); the driving member has a knob portion (part of 62 outside of 2 and 5; Fig. 5) exposed outside the sheath and a connecting rod connected to the knob portion and the head portion of the adjusting bolt (61) (Fig. 3; para. 35, lines 1-6). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the invention of the cited prior art with the features of Liao. One of ordinary skill in the art would have been motivated to do so as Liao teaches “The first locking fastener 61 is then locked to the second locking fastener 62 to secure the shock-absorbing element 5.” (para. 25, lines 5-6)
Conclusion
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/A.R.C./Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614