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.
Claims 1-9 and 18-20 are 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.
Claim 1 recites the limitation " the wheelbase, trail and head tube angle " in lines 1-2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation " the rear stays " in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 18 recites the limitation " the rear tubular portion" in line 3 and “the front tubular portion” in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 18 depends from claim 16, which depends from claim 10, which does not define a rear tubular portion or a front tubular portion.
Claim 19 recites the limitation " the rear tubular portion" in line 3 and “the front tubular portion” in line 4. There is insufficient antecedent basis for this limitation in the claim. Claim 19 depends from claim 16, which depends from claim 10, which does not define a rear tubular portion or a front tubular portion.
Claim 20 recites the limitation " the rear tubular portion" in line 3 and “the front tubular portion” in line 3. There is insufficient antecedent basis for this limitation in the claim. Claim 19 depends from claim 20, which depends from claim 10, which does not define a rear tubular portion or a front tubular portion.
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.
Claim(s) 1, 2, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Thomson (US 10,513,304). Thomson discloses:
With regard to claim 1 - A recumbent bicycle comprising an adjustable frame 12 wherein the wheelbase, trail and head tube 34 angle are simultaneously changeable by adjusting a single frame parameter (see Figs. 1 and 2).
With regard to claim 2 - wherein the single frame parameter comprises the length of a frame main tube 26 (see retractable portion 40 of main tube 26).
With regard to claim 6 - wherein the rear stays 38 are fixedly pivotable relative to a frame main tube 26.
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) 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Joachimsthaler (DE10054273) in view of Thomson. With regard to claim 1, Joachimsthaler discloses a recumbent bicycle comprising an adjustable frame wherein the wheelbase changeable by adjusting a single frame parameter (see Figs. 3 and 4). Joachimsthaler fails to explicitly disclose wherein the wheelbase, trail and head tube 34 angle are simultaneously changeable. Thomson teaches a recumbent bicycle comprising an adjustable frame 12 wherein the wheelbase, trail and head tube 34 angle are simultaneously changeable by adjusting a single frame parameter (see Figs. 1 and 2). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the bicycle of Joachimsthaler with the teaching of Thomson so as to include a handlebar frame assembly to thus allow for the trail and head tube angle to be simultaneously adjusted with the wheel base, with a reasonable expectation of success, to allow for easy and comfortable control.
With regard to claim 2, Joachimsthaler discloses wherein the single frame parameter comprises the length of a frame main tube 3 (see Figs. 3 and 4).
With regard to claim 3, Joachimsthaler discloses wherein as the main tube 3 extends rearwardly, the main tube 3 extends upwardly at an acute main tube angle relative to a horizontal imaginary line passing through centers of front and rear dropouts (see marked up figure below).
PNG
media_image1.png
538
838
media_image1.png
Greyscale
With regard to claim 4, Joachimsthaler discloses wherein the acute angle is about 10-30 degrees (see figure above).
With regard to claim 5, Joachimsthaler discloses wherein the recumbent bicycle is front wheel drive (see Fig. 1).
With regard to claim 6, Joachimsthaler discloses wherein the rear stays 43 are fixedly pivotable relative to a frame main tube 3.
With regard to claim 7, Joachimsthaler discloses wherein the frame main tube comprises a front portion 12, a rear portion 3 and a clamping mechanism 35, and wherein the length of the main tube is adjustable by selectively fixing the position of the front and rear portions relative to each other using the clamping mechanism 35 (“The fork tube 12 of the fork 11 is mounted in the second chassis part 3 in a pipe guide 34 , which can be detached and locked by clamping screws 35 . By pulling the fork tube 12 out of the second chassis part 3 , an extension of a wheelbase B between an axis 36 of the front wheel 13 and an axis 37 of the rear wheels 7 , 8 is achieved.” – see translation).
With regard to claim 8, Joachimsthaler discloses wherein one of the front and rear portions are tubular, and one of the front and rear portions is slidably received in the other of the front and rear portions (see Figs. 3 and 4 and citation above).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Joachimsthaler and Thomson, as applied to claims 1-5, 7, and 8, above, and further in view of Tomkinson (US 4,647,060). Joachimsthaler and Thomson fail to explicitly disclose wherein the rear portion is received in the front portion. Tomkinson teaches a bicycle having an adjustable main frame including a front portion and a rear portion, wherein the rear portion is received and able to telescope in the front portion. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the bicycle of Joachimsthaler and Thomson with the teaching of Tomkinson such that the rear portion is received in the front portion, with a reasonable expectation of success, since it would have required routine skill in the art by reversing the front and rear portions to achieve predictable results.
Claim(s) 10, 11, and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Joachimsthaler (DE10054273) in view of Tolhurst (US 7,753,388). Joachimsthaler discloses:
With regard to claim 10 - A bicycle frame for a front wheel drive recumbent bicycle, the bicycle frame comprising:
a front triangle assembly including a pair of front fork 11 blades terminating in front dropouts (see axis 36), and a control tube having a bottom bracket 17 mount at a forwardmost control tube end (see Fig. 1); and
a main frame having a pair of rear stays 43 terminating at rear dropouts 37 at a rear stay back end, a front tube 12 having a front tube front end and the front tube back end, the front tube front end being attached to the front triangle;
a telescoping main tube assembly 3 with a main tube front end fixedly attached to the front tube 12 back end and a main tube back end attached to the rear stays 43 via guide 24 (see Fig. 1), the main tube assembly 3 extending rearwardly and upwardly at a main tube angle 3 relative to an imaginary line passing through centers of the front and rear dropouts 36, 37 (see marked up Fig. below), the main tube assembly 3 being fixedly adjustable between a fully retracted length (Fig. 4) and a fully extended length (Fig. 6).
PNG
media_image1.png
538
838
media_image1.png
Greyscale
Joachimsthaler fails to explicitly disclose the main frame as having a head tube pivotally coupled to the front triangle assembly. Tolhurst teaches a similar bicycle to that of Joachimsthaler including a front triangle assembly including a pair of front fork blades 82 terminating in front dropouts 86, and a control tube 54 having a bottom bracket mount 74 at a forwardmost control tube end (see Fig. 3); and
a main frame 12 having a head tube 22 pivotally coupled to the front triangle assembly 14, having a pair of rear stays 38 terminating at rear dropouts 42 at a rear stay back end, a front tube 24 having a front tube front end and the front tube back end, the front tube front end being attached to the head tube 22. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the bicycle frame of Joachimsthaler with the teaching of Tolhurst such that the main frame includes a head tube, with a reasonable expectation of success, to allow for comfortable, familiar steering through use of a handlebar.
With regard to claim 11, Joachimsthaler discloses wherein the main tube angle is about 10-30 degrees (see figure above).
With regard to claim 13 - wherein each of overlapping portions of the front and rear tubular portions have a non-circular cross sections (“According to an embodiment variant, not shown, it is provided that the frame parts designed as square tubes are screwed to the square fork tubes so that the screw or thread axis, viewed in cross section, runs along a diagonal through the square profile. To reinforce the construction, the screws are also guided in threaded sleeves welded onto the square tubes.” – see translation, page 4).
With regard to claim 14, Joachimsthaler fails to explicitly disclose wherein the frame is comprised of one or more of steel, aluminum alloy, titanium alloy, magnesium alloy, and composite material. Tolhurst teaches: “The main frame truss structure 12 as illustrated comprises essentially four tubes and the seat pan and seat back. The main frame truss structure is typically comprised of aluminum, steel, titanium or composite materials.” – column 5, lines 36-39). Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the bicycle frame of Joachimsthaler with the teaching of Tolhurst such that the frame is comprised of one or more of steel, aluminum alloy, titanium alloy, magnesium alloy, and composite material, with a reasonable expectation of success, to allow for the bicycle to be as strong and lightweight as desired.
With regard to claim 15, Joachimsthaler discloses at least one front seat mount on the main tube assembly 3 (see Fig. 1), and a first rear seat mount 47 on a first rear stay 43 of the pair of rear stays 43 and a second rear seat mount 47 on a second rear stay of the pair of rear stays 43 (see Fig. 2).
With regard to claim 16, Joachimsthaler discloses a front wheel drive recumbent bicycle comprising in combination the bicycle frame 12 of claim 10, a rear wheel 7 rotatably secured to the rear dropouts 37, a seat 18 secured to the main frame 12, a crankset assembly 14 secured to the bottom bracket 17 mount, and a front wheel 13 rotatably secured to the front dropouts.
Joachimsthaler fails to explicitly disclose a handlebar secured to the handlebar mount
With regard to claim 17, Joachimsthaler discloses wherein the pair of rear stays 43 is fixedly pivotal relative to the main tube assembly 3.
With regard to claim 18, Joachimsthaler discloses a method of simultaneously increasing the wheelbase and trail while reducing the head tube angle of the front wheel drive recumbent bicycle of claim 16, the method comprising:
loosening a main tube clamping mechanism 35;
sliding the rear tubular portion 3 outwardly relative to the front tubular portion 12; and
tightening the main tube clamping mechanism 35 to secure a position of the rear tubular portion 3 relative to the front tubular portion 12.
With regard to claim 19, Joachimsthaler discloses a method of simultaneously decreasing the wheelbase and trail while increasing the head tube angle of the front wheel drive recumbent bicycle of claim 16, the method comprising:
loosening a main tube clamping mechanism 35;
sliding the rear tubular portion 3 inwardly relative to the front tubular portion 12; and
tightening the main tube clamping mechanism 35 to secure a position of the rear tubular portion 3 relative to the front tubular portion 12.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Joachimsthaler and Tolhurst, as applied to claims 10, 11, and 13-19, above, and further in view of Tomkinson (US 4,647,060). Joachimsthaler discloses wherein the main tube assembly comprises a front tubular portion 12, a rear tubular portion 3, and a clamping mechanism 35, the clamping mechanism being configured to fix the rear tubular portion relative to the front tubular portion when secured. Joachimsthaler and Tolhurst fail to explicitly disclose wherein the rear portion is received in the front portion. Tomkinson teaches a bicycle having an adjustable main frame including a front portion and a rear portion, wherein the rear portion is received and able to telescope in the front portion. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the bicycle of Joachimsthaler and Tolhurst with the teaching of Tomkinson such that the rear portion is received in the front portion, with a reasonable expectation of success, since it would have required routine skill in the art by reversing the front and rear portions to achieve predictable results.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Joachimsthaler and Tolhurst, as applied to claims 10, 11, and 13-19, and further in view of Dal Bon Claudio (WO 2014083481). Joachimsthaler discloses a method of preparing the front wheel drive recumbent bicycle of claim 16 to be transported, the method comprising:
loosening a main tube clamping mechanism 35;
sliding the rear tubular portion 3 inwardly as far as possible relative to the front tubular portion 12. However, Joachimsthaler and Tolhurst fail to explicitly disclose removing one or both of the front and rear wheels from the frame. Dal Bon Claudio teaches a similar bicycle to that of Joachimsthaler wherein the “fixing of the support members or shanks 32 to the frame 2 must clearly be removable in order to allow a quick and easy dismounting of the front wheel 3a from the frame 2 for the maintenance or substitution of its tire” (see translation, page 6).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the bicycle frame of Joachimsthaler and Tolhurst with the teaching of Dal Bon Claudio such that the front wheels are removable, with a reasonable expectation of success, to allow for the easy maintenance or substitution of its tire.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY WILHELM whose telephone number is (571)272-6980. The examiner can normally be reached Monday-Friday 8:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Dickson can be reached at 571-272-7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TIMOTHY WILHELM/Primary Examiner, Art Unit 3617 February 20, 2026