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 § 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 6 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. In line 4 of claim 6, the term “bendly extends” is indefinite. What makes an object extend bendly?
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(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Le-le LI (CN 107738706) in view of Lemus (US Patent Pub 2011/0024602). LI discloses a bicycle stand (See Figure 2) including a first connecting portion (3), configured to be assembled to a frame (2) of a bicycle (See Figure 2); a main body, including a rod member (4) and a base (7) connected with the rod member, the rod member defining an axial direction and including a second connection portion detachably connected with the first connecting portion (See annotated Figure 3 below); and at least two supporting members (6), connected with the base and respectively including at least one supporting surface configured to be abutted against a placement surface, the at least two supporting members being movable relative to the main body between an expanding position (See Figure 3) and a retracted position (See Figure 5). LI does not specifically teach wherein the at least two supporting members are movable relative to the main body to a folded position. Lemus teaches a bike stand wherein the supporting member is movable to a folded position (See Figure 4). At the time of filing, it would have been obvious to a person of ordinary skill in this art to substitute the retraction of the support members disclosed in LI with the folding of the support members taught by Lemus. The motivation for doing so would have allowed a quick way to store the support members when not in use.
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Allowable Subject Matter
Claims 2-5 and 7-10 are 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.
Claim 6 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James A Shriver II whose telephone number is (303)297-4337. The examiner can normally be reached M-F 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J. Allen Shriver II can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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J. ALLEN SHRIVER II
Supervisory Patent Examiner
Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613