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
Claims 1, 6, 11 objected to because of the following informalities:
Claim 1, lines 19-20 recites “whereby the connection arm does not extend beyond a front of the bicycle trailer” should be changed to “whereby the connection arm does not extend beyond [[a]]the front of the bicycle trailer”
Claim 6, lines 1-2 recites “an opening adjacent a front of the bicycle trailer to provide for a foot well adjacent a front of the bicycle trailer” should be changed to “an opening adjacent [[a]]the front of the bicycle trailer to provide for a foot well adjacent [[a]]the front of the bicycle trailer”
Claim 11, line 1 recites “the floor assembly having a first floor assembly” should be changed “wherein the floor assembly having a first floor assembly”
Claim 12, lines 3-4 recites “whereby the connection arm does not extend beyond a front of the bicycle trailer in the second position” should be changed “whereby the connection arm does not extend beyond [[a]]the front of the bicycle trailer in the second position”
Claim 20, lines 1-3 recites “an opening adjacent a front of the bicycle trailer to provide for a foot well adjacent a front of the bicycle trailer” should be changed “an opening adjacent [[a]]the front of the bicycle trailer to provide for a foot well adjacent [[a]]the front of the bicycle trailer”
Appropriate correction is required.
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.
Claims 1, 3-14, 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Chariot Cross Instructions ("Thule") in view US 20210354779 A1 ("Thor").
Claim 1: Thule teaches a folding bicycle trailer that is convertible into a stroller (From the annotated figures below; Annotated Fig. 1), and which has a bicycle trailer mode (trailer; Annotated Fig. 2), a stroller mode (stroller), and a folded mode (folded), comprising: a frame having a first side frame assembly (first frame; Annotated Fig. 3), a second side frame assembly (second frame), a floor assembly (floor) between the first side frame assembly and the second side frame assembly; the floor assembly having a first floor assembly (first floor; Annotated Fig. 4), a second floor assembly (second floor) and a center brace (center), the first floor assembly being pivotally connected to the first side frame assembly at a first end and being pivotally connected to the center brace at a second end, the second floor assembly being pivotally connected to the second side frame assembly at a first end and being pivotally connected to the center brace at a second end (seat recliner portions are shown as first floor and second floor and are connected to the side frame assemblies and up to the center brace. the pivotal connection is connected to the floor at the bottom for where it reclines in Annotated Fig. 4); a push bar (push bar) having a first end and a second end, the first end removably connected to one of the first side frame assembly and the second side frame assembly, and the second end removably connected to the other of the first side frame assembly and the second side frame assembly (Annotated Fig. 5); a connection arm (connection arm; Annotated Fig. 6) to removably connect the bicycle trailer to a bicycle, the connection arm having a first end (first connection) and a second end (second connection), the second end being removably secured to the first side frame assembly in a first position in the bicycle trailer mode whereby the first end of the connection arm extends away from a front of the bicycle trailer (Annotated Fig. 6), and the connection arm being removable from the first position and repositioned in a second position connected to the first side frame assembly whereby the connection arm does not extend beyond [[a]]the front of the bicycle trailer (Annotated Fig. 7); a first front wheel (front wheel 1) and a first rear wheel (rear wheel 1) removably secured to the first side frame assembly, wherein the first front wheel is removed from the first side frame assembly in the bicycle trailer mode (Annotated Fig. 8); a second front wheel (front wheel 2) and a second rear wheel (rear wheel 2) removably secured to the second side frame assembly, wherein the second front wheel is removed from the second side frame assembly in the bicycle trailer mode (Annotated Fig. 8). But does not teach a linkage assembly between the first side frame assembly and the second side frame assembly and under the floor assembly; the linkage assembly pivotally connecting the first side frame assembly and the second side frame assembly; and, wherein the floor assembly and the linkage assembly pivots between the first side frame assembly and the second side frame assembly to move the first and second side frame assemblies closer to one another in the folded position.
However, Thor teaches and a linkage assembly (7) between the first side frame assembly (2) and the second side frame assembly (1) and under the floor assembly (Figs. 8a, 9 and 10); the linkage assembly pivotally connecting the first side frame assembly and the second side frame assembly (folding mechanism shown in Figs. 9 and 10; para. 49, lines 1-13); and, wherein the floor assembly and the linkage assembly pivots between the first side frame assembly and the second side frame assembly to move the first and second side frame assemblies closer to one another in the folded position (Figs. 9 and 10; para. 49, lines 1-13). 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 Thor. One of ordinary skill in the art would have been motivated to do so as Thor teaches "that the design of the trailer according to the invention ensures, doing away with substantial load on the cross bars, during folding and unfolding operations" (para. 67, lines 2-4) and "further, folding and unfolding operation can be done keeping the wheels in place, so that in folded stage the trailer can be safely transported in and out of the storage room doors" (para. 69, lines 1-4).
Claim 3: The cited prior art teaches the limitations of claim 1 as noted above. Thule further teaches the folding bicycle trailer wherein all of the front and rear wheels are connected to the bicycle trailer in the stroller mode (Annotated Fig. 8) and the folded mode (Annotated Fig. 3) (the folded mode shown in Annotated Fig. 3 shows that the portions where the wheels are inserted into from Annotated Fig. 8 are not affected, which shows the wheels can still be connected in the folded mode like the stroller mode).
Claim 4: The cited prior art teaches the limitations of claim 3 as noted above. Thule further teaches the folding bicycle trailer wherein the bicycle trailer is rollable in the stroller mode (Annotated Fig. 8) and the folded mode (Annotated Fig. 3) (the folded mode shown in Annotated Fig. 3 shows that the portions where the wheels are inserted into from Annotated Fig. 8 are not affected, which shows the wheels can still be connected in the folded mode like the stroller mode).
Claim 5: The cited prior art teaches the limitations of claim 1 as noted above. Thule further teaches the folding bicycle trailer wherein the push bar is moveable between a raised position (Annotated Fig. 6), wherein the first end of the push bar is connected to the first side frame assembly and the second end of the push bar is connected to the second side frame assembly, but does teach a lowered position, wherein the second end of the push bar is connected to the first side frame assembly and the first end of the push bar is connected to the second side frame assembly.
The claim differs only in that wherein the second end of the push bar is connected to the first side frame assembly and the first end of the push bar is connected to the second side frame assembly. This is a rearrangement of parts, where the first and second end of the push bar in the raised position would be switched. Such a modification would have been obvious to one of ordinary skill in the art, particularly in view of the In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.) With the rearrangement of the first and second end of the push bar, the device of folding bicycle trailer would still work for its intended purpose.
Claim 6: The cited prior art teaches the limitations of claim 1 as noted above. Thor further teaches the folding bicycle trailer wherein the floor assembly has an opening (between 5 and 8; Fig. 1b) adjacent [[a]]the front of the bicycle trailer to provide for a foot well (para. 52, lines 2-4) adjacent [[a]]the front of the bicycle trailer (Fig. 1b).
Claim 7: The cited prior art teaches the limitations of claim 6 as noted above. Thule further teaches the folding bicycle trailer wherein the floor assembly adjacent a rear of the bicycle trailer operates as a bottom of a seat adjacent the front of the bicycle trailer (reclining seat in Annotated Fig. 3). But does not teach a bottom of a seat in connection with the foot well.
However, Thor teaches a bottom of a seat in connection with the foot well (between 5 and 8; Fig, 1b; para. 52, lines 2-4). 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 Thor. One of ordinary skill in the art would have been motivated to do so as Thor teaches a folding bicycle trailer design that has a footwell support.
Claim 8: The cited prior art teaches the limitations of claim 1 as noted above. Thule further teaches the folding bicycle trailer further comprising a lock (lock; Annotated Fig. 3) connected to one of the first side frame assembly and the second side frame assembly, the lock engaging the other of the first side frame assembly and the second side frame assembly when the bicycle trailer is moved to the folded position to retain the bicycle trailer in the folded position until the lock is released by a user (when the lock is taken off, the button is free to press and it folds both the first and side frames).
Claim 9: Thule teaches a folding bicycle trailer that is convertible into a stroller (Annotated Fig. 1), and which has a bicycle trailer mode (trailer; Annotated Fig. 2), a stroller mode (stroller), and a folded mode (folded), comprising: a frame having a first side frame assembly (first frame; Annotated Fig. 3), a second side frame assembly (second frame), and a floor assembly (floor) between the first side frame assembly and the second side frame assembly; a push bar (push bar) having a first end and a second end, the first end removably connected to one of the first side frame assembly and the second side frame assembly adjacent a rear of the bicycle trailer, and the second end removably connected to the other of the first side frame assembly and the second side frame assembly adjacent the rear of the bicycle trailer (Annotated Fig. 5); a connection arm (connection arm; Annotated Fig. 6) to removably connect the bicycle trailer to a bicycle, the connection arm having a first end (first connection) and a second end (second connection), the second end being removably secured to one of the first side frame assembly and the second side frame assembly in a first position in the bicycle trailer mode whereby the first end of the connection arm extends away from a front of the bicycle trailer (Annotated Fig. 6); a first front wheel (front wheel 1) and a first rear wheel (rear wheel 1) removably secured to the first side frame assembly, wherein the first front wheel is removed from the first side frame assembly in the bicycle trailer mode (Annotated Fig. 8), and wherein the first front wheel is connected to the first side frame assembly in the stroller mode and folded mode (the folded mode shown in Annotated Fig. 3 shows that the portions where the wheels are inserted into from Annotated Fig. 8 are not affected, which shows the wheels can still be connected in the folded mode like the stroller mode); a second front wheel (front wheel 2) and a second rear wheel (rear wheel 2) removably secured to the second side frame assembly, wherein the second front wheel is removed from the second side frame assembly in the bicycle trailer mode (Annotated Fig. 8), and wherein the second front wheel is connected to the second side frame assembly in the stroller mode and folded mode (the folded mode shown in Annotated Fig. 3 shows that the portions where the wheels are inserted into from Annotated Fig. 8 are not affected, which shows the wheels can still be connected in the folded mode like the stroller mode). But does not teach wherein the floor assembly pivots from a flat position in the bicycle trailer mode to a folded position between the first side frame assembly and the second side frame assembly in the folded mode, wherein the first and second side frame assemblies are vertical in the bicycle trailer mode, and wherein the first and second side frame assemblies remain vertical and move closer to one another in the folded mode.
However, Thor teaches and, wherein the floor assembly pivots from a flat position in the bicycle trailer mode to a folded position between the first side frame assembly (2) and the second side frame assembly (1) in the folded mode (Fig. 9), wherein the first and second side frame assemblies are vertical in the bicycle trailer mode, and wherein the first and second side frame assemblies remain vertical and move closer to one another in the folded mode (Fig. 10) (para. 49, lines 1-13). One of ordinary skill in the art would have been motivated to do so as Thor teaches "that the design of the trailer according to the invention ensures, doing away with substantial load on the cross bars, during folding and unfolding operations" (para. 67, lines 2-4) and "further, folding and unfolding operation can be done keeping the wheels in place, so that in folded stage the trailer can be safely transported in and out of the storage room doors" (para. 69, lines 1-4).
Claim 10: The cited prior art teaches the limitations of claim 1 as noted above. Thor further teaches the folding bicycle trailer further comprising a linkage assembly (7) between the first side frame assembly (2) and the second side frame assembly (1) and under the floor assembly (Figs. 8a, 9 and 10), the linkage assembly pivotally connecting the first side frame assembly and the second side frame assembly in both the bicycle trailer mode and the folded mode (Figs. 9 and 10; para. 49, lines 1-13).
Claim 11: The cited prior art teaches the limitations of claim 9 as noted above. Thule further teaches the folding bicycle trailer wherein the floor assembly having a first floor assembly (first floor; Annotated Fig. 4), a second floor assembly (second floor) and a center brace (center), the first floor assembly being pivotally connected to the first side frame assembly at a first end and being pivotally connected to the center brace at a second end, the second floor assembly being pivotally connected to the second side frame assembly at a first end and being pivotally connected to the center brace at a second end (seat recliner showing pivotal connection in Annotated Fig. 4).
Claim 12: The cited prior art teaches the limitations of claim 9 as noted above. Thule further teaches the folding bicycle trailer wherein the connection arm (connection arm; Annotated Fig. 6) is removable from the first position of the bicycle trailer mode and repositioned in a second position connected to one of the first side frame assembly and the second side frame assembly, whereby the connection arm does not extend beyond [[a]]the front of the bicycle trailer in the second position (Annotated Fig. 7).
Claim 13: The cited prior art teaches the limitations of claim 9 as noted above. Thor further teaches the folding bicycle trailer wherein the floor assembly has an opening (between 5 and 8; Fig. 1b) adjacent the front of the bicycle trailer to provide for a foot well (para. 52, lines 2-4) adjacent a front of the bicycle trailer (Fig. 1b).
Claim 14: The cited prior art teaches the limitations of claim 13 as noted above. Thor further teaches the folding bicycle trailer wherein the floor assembly adjacent a rear of the bicycle trailer operates as a bottom of a seat in connection with the foot well (between 5 and 8; Fig, 1b; para. 52, lines 2-4) adjacent the front of the bicycle trailer (Fig. 1b).
Claim 16: The cited prior art teaches the limitations of claim 9 as noted above. Thule further teaches further comprising independent brakes (brake; Annotated Fig. 9) for the first and second rear wheels.
Claim 17: The cited prior art teaches the limitations of claim 9 as noted above. Thule further teaches wherein the bicycle trailer has pockets (hole; Annotated Fig. 10) to receive and hold the first and second front wheels when the bicycle trailer is in bicycle trailer mode.
Claim 18: Thule teaches Thule teaches a folding bicycle trailer that is convertible into a stroller (Annotated Fig. 1), and which has a bicycle trailer mode (trailer; Annotated Fig. 2), a stroller mode (stroller), and a folded mode (folded), comprising: a frame having a first side frame assembly (first frame; Annotated Fig. 3), a second side frame assembly (second frame), and a floor assembly (floor) between the first side frame assembly and the second side frame assembly; a first front wheel (front wheel 1) and a first rear wheel (rear wheel 1) removably secured to the first side frame assembly, wherein the first front wheel is removed from the first side frame assembly in the bicycle trailer mode (Annotated Fig. 8), and wherein the first front wheel is connected to the first side frame assembly in the stroller mode and folded mode (the folded mode shown in Annotated Fig. 3 shows that the portions where the wheels are inserted into from Annotated Fig. 8 are not affected, which shows the wheels can still be connected in the folded mode like the stroller mode); a second front wheel (front wheel 2) and a second rear wheel (rear wheel 2) removably secured to the second side frame assembly, wherein the second front wheel is removed from the second side frame assembly in the bicycle trailer mode (Annotated Fig. 8), and wherein the second front wheel is connected to the second side frame assembly in the stroller mode and folded mode (the folded mode shown in Annotated Fig. 3 shows that the portions where the wheels are inserted into from Annotated Fig. 8 are not affected, which shows the wheels can still be connected in the folded mode like the stroller mode); a connection arm (connection arm; Annotated Fig. 6) to removably connect the bicycle trailer to a bicycle, the connection arm having a first end (first connection) and a second end (second connection), the second end being removably secured to one of the first side frame assembly and the second side frame assembly in a first position in the bicycle trailer mode whereby the first end of the connection arm extends away from a front of the bicycle trailer (Annotated Fig. 6); the connection arm (connection arm; Annotated Fig. 6) being removable from the frame and repositionable to a second position when the bicycle trailer is in the stroller mode and the folded mode, the second position being connected to one of the first side frame assembly and the second side frame assembly, and whereby the connection arm does not extend beyond the front of the bicycle trailer in the second position (Annotated Fig. 7). But does not teach wherein the floor assembly pivots from a flat position in the bicycle trailer mode to a folded position between the first side frame assembly and the second side frame assembly in the folded mode, wherein the first and second side frame assemblies are vertical in the bicycle trailer mode, and wherein the first and second side frame assemblies remain vertical and move closer to one another in the folded mode.
However, Thor teaches and, wherein the floor assembly pivots from a flat position in the bicycle trailer mode to a folded position between the first side frame assembly (2) and the second side frame assembly (1) in the folded mode (Fig. 9), wherein the first and second side frame assemblies are vertical in the bicycle trailer mode, and wherein the first and second side frame assemblies remain vertical and move closer to one another in the folded mode (Fig. 10) (para. 49, lines 1-13). One of ordinary skill in the art would have been motivated to do so as Thor teaches "that the design of the trailer according to the invention ensures, doing away with substantial load on the cross bars, during folding and unfolding operations" (para. 67, lines 2-4) and "further, folding and unfolding operation can be done keeping the wheels in place, so that in folded stage the trailer can be safely transported in and out of the storage room doors" (para. 69, lines 1-4).
Claim 19: The cited prior art teaches the limitations of claim 18 as noted above. Thule further teaches further comprising a push bar (push bar) having a first end and a second end, the first end removably connected to one of the first side frame assembly and the second side frame assembly adjacent a rear of the bicycle trailer, and the second end removably connected to the other of the first side frame assembly and the second side frame assembly adjacent the rear of the bicycle trailer (Annotated Fig. 5);
Claim 20: The cited prior art teaches the limitations of claim 18 as noted above. Thor further teaches wherein the floor assembly has an (between 5 and 8; Fig. 1b) adjacent [[a]]the front of the bicycle trailer to provide for a foot well (para. 52, lines 2-4) adjacent [[a]]the front of the bicycle trailer (Fig. 1b), and wherein the floor assembly adjacent a rear of the bicycle trailer operates as a bottom of a seat in connection with the foot well adjacent the front of the bicycle trailer (Fig, 1b; para. 52, lines 2-4).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Chariot Cross Instructions ("Thule") in view US 20210354779 A1 ("Thor") and further in view of US 5020814 A ("George").
Claim 2: The cited prior art teaches the limitations of claim 1 as noted above. The cited prior art does not teach the folding bicycle trailer, further comprising a support bar having a first end and a second end, the first end being pivotally connected to one of the first side frame assembly and the second side frame assembly, the second end being removably connected to the other of the first side frame assembly and the second side frame assembly, wherein in the bicycle trailer mode and the stroller mode the support bar is in a connected position, and wherein in the folded mode the support bar is pivoted to a disconnected position.
However, George teaches the folding bicycle trailer further comprising a support bar (31) having a first end (29) and a second end (49) (Fig. 15), the first end being pivotally connected to one of the first side frame assembly and the second side frame assembly (Fig. 15), the second end being removably connected to the other of the first side frame assembly and the second side frame assembly (Fig. 15), wherein in the bicycle trailer mode and the stroller mode the support bar is in a connected position (Fig. 1), and wherein in the folded mode the support bar is pivoted to a disconnected position (Fig. 16). 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 George. One of ordinary skill in the art would have been motivated to do so as George teaches "the collapsible bicycle trailer 10 may be folded into a compact package, as seen in FIG. 16, which is easily stored or transported in an automobile or other vehicle" (col. 5, lines 47-49)
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Chariot Cross Instructions ("Thule") in view US 20210354779 A1 ("Thor") and further in view of CN 2910778 Y ("Gao").
Claim 15: The cited prior art teaches the limitations of claim 9 as noted above. Thule teaches a first front wheel (front wheel 1) and a first rear wheel (rear wheel 1), a second front wheel (front wheel 2) and a second rear wheel (rear wheel 2). But does not teach the folding bicycle trailer further comprising a first wheel guard extending from the first side frame assembly between the first front wheel and the first rear wheel, and a second wheel guard extending from the second side frame assembly between the second front wheel and the second rear wheel.
However, Gao teaches the folding bicycle trailer further comprising a first wheel guard (protecting baffle 6 on left) extending from the first side frame assembly between the front wheel and the first rear wheel (Fig. 5), and a second wheel guard (protecting baffle 6 on right) extending from the second side frame assembly between the front wheel and the second rear wheel (Fig. 5). 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 Gao. One of ordinary skill in the art would have been motivated to do so as Gao teaches wheel guards being protecting baffles 6 for the baffles 13.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AL-BIRR RAHMAN CHOWDHURY whose telephone number is (571)272-4661. The examiner can normally be reached 9:30am - 6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jason Shanske can be reached at (571) 270-5985. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.R.C./Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614