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 .
Status of Claims:
Claims 1-20 are pending.
Claims 12-19 were withdrawn belonging to an unelected Group.
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.
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.
Claim(s) 1-11 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US-7918514 Dal Pre’ (“Dal Pra’”) and further in view of EP-2648890-B1 to Fischer (“Fischer”).
Regarding Claim 1, Dal Pra’ (e.g. Col 7 lines 20-25, Fig 12) discloses a rim (801, similar to rim 1) for a bicycle wheel (60), the rim comprising: a radially inner portion (815 “lower bridge”) disposed along an inner circumference of the rim; a first sidewall (left 805, Fig 12); a second sidewall (right805, Fig 12); spaced apart from (Fig 12) the first sidewall, wherein the first sidewall and the second sidewall extend radially outward (Fig 12) from the radially inner portion; and a radially outer tire engaging portion (810 “upper bridge”) disposed along (Fig 12) an outer circumference of the rim, the radially outer tire engaging portion extending from the first sidewall and the second sidewall, respectively; an opening (51 “holes”: for “inflation valve” ” [i.e. in 810] , or “for other spoke attachment holes” [e.g. spoke access hole] [i.e. in 810], Col 5 lines 66-67, Col 6 lines 1-6; or for “sensor”, [i.e. in 810] Col 3 lines 14-67 Col 4 lines 1-46 , Col 5 lines 66-67, Col 6 lines 1-6) that extends through the radially inner portion (51 holes “for other spoke attachment holes” just described, could include a hole passing through 815, for attachment of spoke [e.g. “a spoke hole”]), the first sidewall, the second sidewall, the radially outer tire engaging portion (810 from left 812 to right 812, Fig 1, 12), or any combination thereof, wherein the first sidewall, the second sidewall, the radially outer tire engaging portion, the radially inner portion, or any combination thereof includes a composite laminate (composite of thermoset epoxy resin (5 lines 11-14) and stacked layers of fibers (Col 2 lines 26-56, Col 5 lines 1-5, including: 825 “outer layer”, 840 “middle layer” and 850 “inner layer”, Col 4 lines 50-51, 66-67, Col 5 lines 14-17, 18-22, Col 6 lines 7-15), the composite laminate including one or more compressed layers of a first composite material (825 “outer layer” and 850 “inner layer” including: thermoset epoxy resin and “piled up sheets” of “carbon structural fibers” Col 4 lines 66-67, Col 5 lines 1-5, lines 6-13, 14-22, Col 6 lines 6-15) and one or more compressed layers (Fig 12) of a second composite material (840 “middle layer” including: thermoset epoxy resin including coloring and “piled up sheets” of “a mix of carbon and glass structural fibers, Col 2 lines 24-56, Col 5 lines 14-22, 22-43, shown as darkest layer in Fig 12), the second composite material being different than (including glass fibers and the epoxy including coloring) the first composite material and having a lower porosity (carbon fibers are known in the art to have a lower porosity than glass fibers) compared to the first composite material, wherein the first composite material includes a matrix of a polymer-based material (just described) and fibers (just described) for a reinforcing material, and wherein the opening extends through at least one layer (piled up sheets just described) of the one or more compressed layers of the second composite material, such that the second composite material surrounds the opening (as shown Fig 12).
Dal Pra’ does not disclose the first composite material includes a matrix of a polymer-based material and natural fibers for a reinforcing material.
Fischer (Page 3, Para 2 and 3, Page 12, Para 12 Para 1-2) discloses a bicycle part formed of a matrix of a polymer-based material (thermoset epoxy resin and natural flax fibers (Para 12 Para 1-2).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel with rim for a bicycle with a first composite material of carbon fibers and the composite material having natural flax fibers, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the wheel with rim for a bicycle with a first composite material of carbon fibers of Dal Pra’ and the teaching of the bicycle part formed of the composite material having natural flax fibers, to modify the first composite material (of Dal Pra’) such that the first composite material fibers were natural flax fibers (like Fisher), with the motivation to use a material having comparable mechanical properties that is more environmentally friendly (Fischer Page 3 Para 3), having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 2, the combination of Dal Pra’ and Fischer discloses the rim of claim 1, wherein the polymer-based material is a thermoplastic, a thermoset matrix, or a combination thereof, and wherein the natural fibers of the reinforcing material are flax fibers (as described in paragraph 6 of this document).
Regarding Claim 3, the combination of Dal Pra’ and Fischer discloses the rim of claim 2, wherein the polymer-based material is a first polymer- based material (as described in paragraph 6 of this document), and the reinforcing material is a first reinforcing material, wherein the second composite material includes a matrix of a second polymer-based material (as described in paragraph 6 of this document) and fibers for a second reinforcing material, wherein the second polymer-based material is a plastic, an acrylic, a resin, an epoxy, or any combination thereof, (specifically an epoxy resin as described in paragraph 6 of this document) and wherein the fibers of the second reinforcing material are carbon fibers (in part, being a mix of glass and carbon fibers, as described in paragraph 6 of this document).
Regarding Claim 4, the combination of Dal Pra’ and Fischer discloses the rim of claim 1, wherein the opening is a first opening (a first of 51 hole as described in paragraph 6 of this document) that extends through the radially inner portion (as described in paragraph 6 and shown in Fig 12), wherein the rim further comprises a second opening (a second of 51 hole as described in paragraph 6 of this document, circumferentially adjacent to the first to accommodate connection of an adjacent spoke, Fig 4) that extends through the radially outer tire engaging portion (as described in paragraph 6 and shown in Fig 12), wherein the at least one layer of the second composite material is at least one first layer (as described in paragraph 6 of this document) of the second composite material, and wherein the second opening extends through at least one second layer of the one or more compressed layers of the second composite material ((as described in paragraph 6 and shown in Fig 12), such that the second composite material surrounds the second opening (as described in paragraph 6 of this document).
Regarding Claim 5, the combination of Dal Pra’ and Fischer discloses the rim of claim 4, wherein the first opening is a spoke hole, a valve hole, or an opening in which an electronic component (sensor) of the bicycle is supportable (as described in paragraph 6), and wherein the second opening is an access hole (as described in paragraph 6).
Regarding Claim 6, the combination of Dal Pra’ and Fischer discloses the rim of claim 4, wherein the at least one first layer of the second composite material forms at least part of the radially inner portion, the part of the radially inner portion extending all of the way around the radially inner portion (as described in paragraph 6 and shown in Fig 12).
Regarding Claim 7, the combination of Dal Pra’ and Fischer discloses the rim of claim 6, wherein the at least one second layer of the second composite material forms at least part of the radially outer tire engaging portion, the part of the radially outer tire engaging portion extending all of the way around the radially outer tire engaging portion (as described in paragraph 6 and shown in Fig 12).
wherein the opening is a first opening (a first of 51 hole as described in paragraph 6 of this document) that extends through the radially inner portion (as described in paragraph 6 and shown in Fig 12), wherein the rim further comprises a second opening (a second of 51 hole as described in paragraph 6 of this document, circumferentially adjacent to the first to accommodate connection of an adjacent spoke, Fig 4) that extends through the radially outer tire engaging portion (as described in paragraph 6 and shown in Fig 12), wherein the at least one layer of the second composite material is at least one first layer (as described in paragraph 6 of this document) of the second composite material, and wherein the second opening extends through at least one second layer of the one or more compressed layers of the second composite material ((as described in paragraph 6 and shown in Fig 12), such that the second composite material surrounds the second opening (as described in paragraph 6 of this document).
Regarding Claim 8, the combination of Dal Pra’ and Fischer discloses the rim of claim 1, wherein the opening is a first opening (a first of 51 hole “spoke attachment hole” [e.g. spoke hole] as described in paragraph 6 of this document) that extends through the radially inner portion (as described in paragraph 6 and shown in Fig 12), wherein the rim further comprises a second opening (a second of 51 hole “spoke attachment hole” [e.g. spoke hole] as described in paragraph 6 of this document, circumferentially adjacent to the first to accommodate connection of an adjacent spoke, Fig 4) that extends through the radially outer tire engaging portion (as described in paragraph 6 and shown in Fig 12), the second opening being at a distance away (via spacing between first and second shown Fig 4) from first opening along the radially inner portion.
Regarding Claim 9, the combination of Dal Pra’ and Fischer discloses the rim of claim 8,
wherein the at least one layer of the second composite material is at least one first layer (as described in paragraph 6 of this document) of the second composite material, and wherein the second opening extends through at least one second layer of the one or more compressed layers of the second composite material (as described in paragraph 6 and shown in Fig 12), such that the second composite material surrounds the second opening (as described in paragraph 6 of this document).
Regarding Claim 10, the combination of Dal Pra’ and Fischer discloses the rim of claim 9, wherein at least one layer (850 inner layer) of the one or more compressed layers of the first composite material partially forms the radially inner portion (Fig 12), the at least one layer of the first composite material being disposed between (850 in 815 is between 840 in 815 bottom of Fig 12 and 840 in 810, top of Fig 12) the at least one first layer of the second composite material and the at least one second layer of the second composite material.
Regarding Claim 11, the combination of Dal Pra’ and Fischer discloses the rim of claim 8, wherein the first opening and the second opening are spoke holes, respectively (as described in paragraph 13 of this document).
Regarding Claim 20, Dal Pra’ discloses a rim (801, similar to rim 1) for a bicycle wheel (60), the rim comprising: a radially inner portion (815 “lower bridge”) disposed along an inner circumference of the rim; a first sidewall (left 805, Fig 12); a second sidewall (right 805, Fig 12); spaced apart from (Fig 12) the first sidewall, wherein the first sidewall and the second sidewall extend radially outward (Fig 12) from the radially inner portion; and a radially outer tire engaging portion (810 “upper bridge”) disposed along (Fig 12) an outer circumference of the rim, the radially outer tire engaging portion extending from the first sidewall and the second sidewall, respectively; a number of openings (a number of 51 “holes”: “for other spoke attachment holes”, e.g. a hole passing through 815, for attachment of spoke [e.g. “a spoke hole”], Col 5 lines 66-67, Col 6 lines 1-6; or for “sensor”, [i.e. in 810] Col 3 lines 14-67 Col 4 lines 1-46 , Col 5 lines 66-67, Col 6 lines 1-6, the spoke attachment holes in 810 or 815 shown to be a number of openings for attachment of each adjacent spoke Fig 3, 4) that extend through the radially inner portion, the number of openings being spoke holes and being spaced apart from each other around the radially inner portion (Fig 4), wherein at least the radially inner portion includes a composite laminate (composite of thermoset epoxy resin (5 lines 11-14) and stacked layers of fibers (Col 2 lines 26-56, Col 5 lines 1-5, including: 825 “outer layer”, 840 “middle layer” and 850 “inner layer”, Col 4 lines 50-51, 66-67, Col 5 lines 14-17, 18-22, Col 6 lines 7-15), the composite laminate including one or more compressed layers of a first composite material (825 “outer layer” and 850 “inner layer” including: thermoset epoxy resin and “piled up sheets” of “carbon structural fibers” Col 4 lines 66-67, Col 5 lines 1-5, lines 6-13, 14-22, Col 6 lines 6-15) and one or more compressed layers (Fig 12) of a second composite material (840 “middle layer” including: thermoset epoxy resin including coloring and “piled up sheets” of “a mix of carbon and glass structural fibers, Col 2 lines 24-56, Col 5 lines 14-22, 22-43, shown as darkest layer in Fig 12), the second composite material being different than (including glass fibers and the epoxy including coloring) the first composite material and having a lower porosity (carbon fibers are known in the art to have a lower porosity than glass fibers) compared to the first composite material, wherein the compressed layers of the first composite material and the second composite material each consist of plies of strips (“piled up sheets” just described) of corresponding composite material
wherein the first composite material includes a matrix of a polymer-based material (just described) and fibers (just described) for a reinforcing material, and wherein the number of opening extend through at least one layer (piled up sheets just described) of the one or more compressed layers of the second composite material, such that the second composite material surrounds the number of openings (as shown Fig 4, 12).
Dal Pra’ does not disclose the first composite material includes a matrix of a polymer-based material and natural fibers for a reinforcing material.
Fischer (Page 3, Para 2 and 3, Page 12, Para 12 Para 1-2) discloses a bicycle part formed of a matrix of a polymer-based material (thermoset epoxy resin and natural flax fibers (Para 12 Para 1-2).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the wheel with rim for a bicycle with a first composite material of carbon fibers and the composite material having natural flax fibers, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the wheel with rim for a bicycle with a first composite material of carbon fibers of Dal Pra’ and the teaching of the bicycle part formed of the composite material having natural flax fibers, to modify the first composite material (of Dal Pra’) such that the first composite material fibers were natural flax fibers (like Fisher), with the motivation to use a material having comparable mechanical properties that is more environmentally friendly (Fischer Page 3 Para 3), having an expectation of equivalent function and a reasonable expectation of success.
Response to Argument
Applicant’s arguments, see Remarks filed 06/22/2026, with respect to rejection of claims 1-11 and 20 under 35 USC 102(a)(2) have been fully considered and are persuasive, in light of the owner ship documents added 06/22/2026. The rejection has been withdrawn, and a new rejection in contained herein.
The prior art made of record and not relied upon, listed on PTO-892 is considered pertinent to applicant's disclosure, disclosing at least one of, composite reinforced bicycle rim with at least two layers, having thermoset epoxy resin combined with natural fibers or carbon fibers, in regions of the sidewall, tire receiving portion and around spoke or access holes.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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