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 1-11, and 20 drawn to elected Group I without traverse.
Claims 12-17 are withdrawn, drawn to unelected Group II.
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.
Claim(s) 1-11 and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being US-20230114290-A1 to Trouw et. al (“Trouw”).
The applied reference has a common “two inventors and one applicant” with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding Claim 1, Trouw discloses a rim (122) for a bicycle wheel (54 “front wheel”, 56 “rear wheel”), the rim comprising: a radially inner portion (132 “spoke receiving surface” where spokes are attached Para 70 lines 1-6, Fig 3) disposed along Fig 1-3) an inner circumference of the rim (Para 70, line 5-6); a first sidewall (138 left Fig 3, Para 71 lines 1-4); a second sidewall (138 right Fig 3, Para 71 lines 1-4) spaced apart from (Fig 3) the first sidewall, wherein the first sidewall and the second sidewall extend radially outward from (Fig 3) the radially inner portion (Para 71, lines 1-4); and a radially outer tire engaging portion (130, Para 69, lines 6-18, Fig 3) disposed along (Fig 3) an outer circumference of the rim (Fig 3), the radially outer tire engaging portion extending from (Fig 3) the first sidewall and the second sidewall, respectively; an opening that extends through the radially inner portion, the first sidewall, the second sidewall, the radially outer tire engaging portion, or any combination thereof (“spokes may pass through the spoke receiving surface 132” [i.e. spoke openings for each spoke], and/or “may pass through structure for attachment to rim proximate tire engaging portion 130”, [i.e. spoke openings for each spoke] the tire engaging portion, and between first and second sidewalls, Para 70, lines 1-13, Fig 3), 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 (Para 72, 73, Fig 3), the composite laminate including one or more compressed layers of a first composite material (150 “layer of first composite material” having reinforcement of “a first reinforcement material of natural fibers e.g. flax”, Para 78, 79, 80, 81, 83, 85 Fig 6) and one or more compressed layers of a second composite material (154, “layer of third composite material” having reinforcement with “carbon fibers”, Para 72, 78, 92 line 12, 93, Fig 6) the second composite material being different than (“different layers of different composite materials” Para 75, line 9-15, Fig 3) the first composite material and having a lower porosity (the density of 154 with carbon fibers is greater than the density of 150 with flax fibers, porosity being inversely proportional to density, thus 154 of carbon has less porosity than 150 of flax, Para 79, 80, 92 93 Fig 6) compared to the first composite material, wherein the first composite material includes a matrix of a polymer-based material (“a first polymer-based material”, ”thermoplastic thermoset matrix” Para 79, lines 1-3, 8-10, 11-14, Fig 3) and natural fibers (e.g. flax Para 79, lines 1-3, 9-10, 11-14, Fig 3) for a reinforcing material (“a first reinforcing material” Para 79, lines 11-14), and wherein the opening extends through at least one layer of the one or more compressed layers of the second composite material, such that the second composite material surrounds the opening (Para 93, “reinforce areas of the 136 spoke engaging portion of rim”, Fig 3)
Regarding Claim 2, Trouw 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 previous paragraph).
Regarding Claim 3, Trouw discloses the rim of claim 2, wherein the polymer-based material is a first polymer-based material (as described in paragraph 5 of this document), and the reinforcing material is a first reinforcing material (as described in paragraph 5 of this document), wherein the second composite material includes a matrix of a second polymer-based material (“third polymer based material, Para 92, lines 7) and fibers (“carbon fibers” Para 92 lines 12-13) for a second reinforcing material (“third reinforcing material”, Para 92, line 13), wherein the second polymer-based material is a plastic, an acrylic, a resin, an epoxy, or any combination thereof (Para 92, lines 10-12), and wherein the fibers of the second reinforcing material are carbon fibers (Para 92, line 12. , Para 93 line 4).
Regarding Claim 4, Trouw discloses the rim of claim 1, wherein the opening is
a first opening (“spokes may pass through the spoke receiving surface 132”, [i.e. a plurality of first spoke openings] Para 70, lines 1-13, Fig 3) that extends through the radially inner portion, wherein the rim further comprises a second opening (“spokes may pass through structure for attachment to rim proximate tire engaging portion 130” the tire engaging portion [i.e. a plurality of second openings], Para 70, lines 1-13, Fig 3) wherein the at least one layer of the second composite material is at least one first layer of the second composite material, and wherein the second opening extends through at least one second layer of the one or more compressed layers (BRI: second composite material has at least two layers; Trouw Para 95, “at least some of the layers of 154”, Fig 3) of the second composite material, such that the second composite material surrounds the second opening (Fig 3).
Regarding Claim 5, Trouw discloses the rim of claim 4, wherein the first opening is a spoke hole (spoke hole as described in paragraphs 8 of this document), a valve hole, or an opening in which an electronic component of the bicycle is supportable, and wherein the second opening is an access hole.
Regarding Claim 6, Trouw 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 (Para 93, 95, lines 1-5, Fig 3), the part of the radially inner portion extending all of the way around the radially inner portion.
Regarding Claim 7, Trouw 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 (Para 95, lines 1-9, Fig 3).
Regarding Claim 8, Trouw discloses the rim of claim 1, wherein the opening is a first opening (as described in paragraph 5 of this document) that extends through the radially inner portion, and wherein the rim further comprises a second opening (as described in paragraph 6, there are a plurality of first openings corresponding to the plurality of spokes, [i.e. having at least a first first opening and a second first opening]) that extends through the radially inner portion, the second opening being at a distance away (the plurality of spokes having a distance therein between along the radially inner portion of 132, Fig 1, 2, 3) from first opening along the radially inner portion.
Regarding Claim 9, Trouw discloses the rim of claim 8, wherein the at least one layer of the second composite material is at least one first layer of the second composite material, and wherein the second opening extends through at least one second layer of the one or more compressed layers (BRI: second composite material has at least two layers; Trouw Para 95, “at least some of the layers of 154”, Fig 3) of the second composite material, such that the second composite material surrounds the second opening (Fig 3).
Regarding Claim 10, Trouw discloses the rim of claim 9, wherein at least one layer of the one or more compressed layers of the first composite material (“layers of 150 “first composite material”, Para 83, Fig 3) partially forms the radially inner portion(132 “spoke receiving surface”), the at least one layer of the first composite material being disposed between (Para 129) the at least one first layer of the second composite material (154 “layers of third composite material”, “at least some of the layers of 154”, Para 95, “at least some of the layers of 154”, Fig 3 Fig 3) as described and the at least one second layer of the second composite material.
Regarding Claim 11, Trouw discloses the rim of claim 8, wherein the first opening and the second opening are spoke holes (as described in paragraph 5 and 12 of this document), respectively.
Regarding Claim 20, Trouw discloses a rim (122) for a bicycle wheel (54 “front wheel”, 56 “rear wheel”), the rim comprising: a radially inner portion (132 “spoke receiving surface” where spokes are attached Para 70 lines 1-6, Fig 3) disposed along Fig 1-3) an inner circumference of the rim (Para 70, line 5-6); a first sidewall (138 left Fig 3, Para 71 lines 1-4); a second sidewall (138 right Fig 3, Para 71 lines 1-4) spaced apart from (Fig 3) the first sidewall, wherein the first sidewall and the second sidewall extend radially outward from (Fig 3) the radially inner portion (Para 71, lines 1-4); and a radially outer tire engaging portion (130, Para 69, lines 6-18, Fig 3) disposed along (Fig 3) an outer circumference of the rim (Fig 3), the radially outer tire engaging portion extending from (Fig 3) the first sidewall and the second sidewall, respectively, the number of openings (“spokes may pass through the spoke receiving surface 132” [i.e. spoke openings for each spoke], and/or “may pass through structure for attachment to rim proximate tire engaging portion 130”, [i.e. spoke openings for each spoke] Para 70, lines 1-13, Fig 3) being spoke holes and being spaced apart from each other around the radially inner portion (Fig 3), wherein at least the radially inner portion includes a composite laminate (Para 72, 73, Fig 3), the composite laminate including one or more compressed layers of a first composite material (150 “layer of first composite material” having reinforcement of “a first reinforcement material of natural fibers e.g. flax”, Para 78, 79, 80, 81, 83, 85 Fig 6) and one or more compressed layers of a second composite material (154, “layer of third composite material” having reinforcement with “carbon fibers”, Para 72, 78, 92 line 12, 93, Fig 6) the second composite material being different than (“different layers of different composite materials” Para 75, line 9-15, Fig 3) the first composite material and having a lower porosity (the density of 154 with carbon fibers is greater than the density of 150 with flax fibers, porosity being inversely proportional to density, thus 154 of carbon has less porosity than 150 of flax, Para 75, 7679, 80, 92 93 Fig 6) 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 (Para 76, lines 1-2, Para 81, lines 1-3, Para 94 lines 1-3) of corresponding composite material, wherein the first composite material includes a matrix of a polymer-based material (“a first polymer-based material”, ”thermoplastic thermoset matrix” Para 79, lines 1-3, 8-10, 11-14, Fig 3) and natural fibers (e.g. flax Para 79, lines 1-3, 9-10, 11-14, Fig 3) for a reinforcing material (“a first reinforcing material” Para 79, lines 11-14), and wherein the number of openings extend through at least one layer of the one or more compressed layers of the second composite material, such that the second composite material surrounds the number of openings (Para 93).
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Wiens-Kind (US-11409253-B2), Colegrove (US-20070194619-A1), Dal (US-7918514-B2), Moser (US-20060006994-A1), Moos ( DE-102014203142-A1), and Bai (CN-105172492-B) disclose bicycle rims having composite layers of thermoplastic resin matrix having reinforcement layers of natural fiber including flax, and reinforcement layers of carbon fiber, and spoke holes in upper an or lower portion of rim.
Conclusion
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/EVA L COMINO/Examiner, Art Unit 3615