DETAILED ACTION
This Final Office Action is in response to the above identified patent application filed on September 10, 2025. Claims 1 – 18, 94 & 95 are pending and currently being examined.
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 § 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.
Claim(s) 1, 2, 3, 5, 6 & 13 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0068111 A1) to Walker et al., in view of (U.S. Patent Number 10,464,499 B2) to Arviddsson et al.
Regarding claim 1, Walker et al., discloses the bicycle carrier (10), comprising: the base (76);
the bicycle tray (20) coupled to the base (76) and configured to support the bicycle (12), the bicycle tray (20) comprising an upper surface (i.e. Upper Surface of (20) in Figure 1) and side surfaces (i.e. Side Surfaces of (20) in Figure 1);
the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4) coupled (i.e. via (61) & (69) in Figures 1 & 4) to at least one of the upper surface and the side surfaces of the bicycle tray (20) and disposed on the first side (i.e. Front / Right Side) of the base (76) (See Figures 1 & 4), the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figure 4) configured to translate along at least one of the upper surface (i.e. Upper Surface of (20) in Figure 1) and the sides surfaces relative to the bicycle tray (20) (See Paragraphs 0048 & 0049) (See Figure 1), and wherein the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4) is configured to receive the wheel (16) of the bicycle (12); and
the wheel securement arm (40 & 50) rotatably coupled to one of the bicycle tray (20) (See Figures 1, 4 & 6), and disposed on the first side (i.e. Front Right Side) of the base (76) (See Figures 1 & 4), wherein the wheel securement arm (40 & 50) is configured to secure the bicycle wheel (16) in the wheel holder (i.e. via (62,61/63) or (64,69/65) in Figures 1 & 4),
wherein the bicycle (12) is configured to translate with the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4) to adjust the lateral position (i.e. via Adjustable Sliding Position of (61) or (69) in Figures 1 & 4) of the bicycle (12) along the bicycle tray (20) (See Figures 1 & 4), and
wherein the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4) contacts the wheel (16) at the first position (i.e. Front Forward Position) on the first side (i.e. Front Side of (16) in Figures 1 & 4) of the axle axis and at the second position on the second side (i.e. Back Rearward Side of (16) in Figures 1 & 4) of the axle axis (See Figures 1 & 4).
However, Walker et al., does not explicitly disclose such that an axle axis extending vertically from an axle of the wheel extends through the wheel holder.
Arviddsson et al., teaches such that an axle axis (7) extending vertically from an axle (7) of the wheel (9) extends through the wheel holder (10) (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make such that an axle axis extending vertically from an axle of the wheel extends through the wheel holder as taught by Arviddsson et al., with the bicycle carrier because the motivation only requires a simple substitution of one known equivalent wheel holder configuration for another to obtain predictable results.
Regarding claim 2, Walker et al., discloses wherein the wheel securement arm (40 & 50) is rotatably coupled to the bicycle tray (20), and the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4) translates in the longitudinal direction of the bicycle tray (20) toward or away from an attachment location of the wheel securement arm (40 & 50) (See Figures 1 & 4).
Regarding claim 3, Walker et al., discloses wherein the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4) is configured to translate in the longitudinal direction of the bicycle tray (20).
Regarding claim 5, Walker et al., discloses wherein the base (76) is coupled to the stinger (72) configured to couple the bicycle carrier (10) to the vehicle (See Paragraph 0052), wherein the base (76) extends in the direction of travel in an in-use position, and wherein the bicycle tray (20) is perpendicular to the base (76) (See Figures 1, 2, 3 & 7).
Regarding claim 6, Walker et al., discloses wherein the bicycle tray (20) is slideably coupled (i.e. tray (20) slidable & adjustable prior to fastening (82) to the tray (20) in Figure 1) to the base (76) and configured to translate perpendicular to the base (20) (See Figure 1) (See Paragraph 0054).
Regarding claim 13, Walker et al., as modified by Arvidsson et al., discloses wherein the wheel holder (10) is configured to support the bicycle (i.e. Phantom Lines of (2) in Figure 1) and comprises the first support (i.e. Forward / Front Support Portion of (10) w/ (22) in Figures 1, 2, 3 & 4), the second support (i.e. Rearward / Back Support Portion of (10) w/ (21) in Figures 1, 2, 3 & 4), the recess (i.e. Middle Cutout Portion of (23) in Figures 2 & 4) formed between the first support (i.e. Forward / Front Support Portion of (10) w/ (22) in Figures 1, 2, 3 & 4) and the second support (i.e. Rearward / Back Support Portion of (10) w/ (21) in Figures 1, 2, 3 & 4), the first sidewall (i.e. Left Sidewall (27) of (10) in Figures 2, 3 & 5) extending between the first support (i.e. Forward / Front Support Portion of (10) w/ (22) in Figures 1, 2, 3 & 4) and the second support (i.e. Rearward / Back Support Portion of (10) w/ (21) in Figures 1, 2, 3 & 4), and the second sidewall (i.e. Right Sidewall of (28) of (10) in Figures 2, 3 & 5) extending between the first support (i.e. Forward / Front Support Portion of (10) w/ (22) in Figures 1, 2, 3 & 4) and the second support (i.e. Rearward / Back Support Portion of (10) w/ (21) in Figures 1, 2, 3 & 4) opposite the first sidewall (i.e. Left Sidewall (27) of (10) in Figures 2, 3 & 5), and wherein the bicycle (i.e. Phantom Lines of (2) in Figure 1) is supported by the first support (i.e. Forward / Front Support Portion of (10) w/ (22) in Figures 1, 2, 3 & 4) and the second support (i.e. Rearward / Back Support Portion of (10) w/ (21) in Figures 1, 2, 3 & 4).
Claim(s) 4 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0068111 A1) to Walker et al., and (U.S. Patent Number 10,464,499 B2) to Arviddsson et al., as applied to claim 1 above, and further in view of (U.S. Patent Publication Number 2015 / 0197204 A1) to Shen.
Regarding claim 4, Walker et al., discloses wherein the wheel securement arm (40 & 50) is rotatably coupled to and configured to translate with the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4) in the longitudinal direction of the bicycle tray (20).
However, Walker et al., as modified by above does not explicitly disclose the wheel securement arm is rotatably coupled to the wheel holder.
Shen ‘204 teaches the wheel securement arm (20, 21, 22, 23 & 24) is rotatably coupled to the wheel holder (10) (See Figures 1 & 2).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the wheel securement arm rotatably coupled to the wheel holder as taught by Shen ‘204 with the bicycle carrier of Walker et al., because the motivation only requires a simple substitution of one known equivalent bicycle carrier configuration for another to obtain predictable results.
Claim(s) 8, 9, 14, 15, 16, 17 & 18 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0068111 A1) to Walker et al., and (U.S. Patent Number 10,464,499 B2) to Arviddsson et al., as applied to claim 1 above, and further in view of (U.S. Patent Publication Number 2011 / 0290836 A1) to Shen.
Regarding claim 8, Walker et al., discloses wherein the bicycle tray (20) and wherein the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4).
However, Walker et al., as modified by above does not explicitly disclose the toothed strip, and an actuator configured to releasably couple with the toothed strip.
Shen ‘836 teaches wherein the bicycle tray (1) comprises the toothed strip (41), and wherein the wheel holder (2) comprises an actuator (42 & 422) configured to releasably couple with the toothed strip (41) (See Figures 4 & 4A).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the toothed strip, and an actuator configured to releasably couple with the toothed strap as taught by Shen ‘836 with the bicycle carrier of Walker et al., because the motivation only requires a simple substitution of one known equivalent bicycle carrier configuration for another to obtain predictable results.
Regarding claim 9, Walker et al., as modified by Shen ‘836 discloses wherein the actuator (42 & 422) is moveable from the first position (i.e. Engaged / Locked Position of (42) in Figure 4A) where the actuator (42 & 422) engages the toothed strip (41) to fixedly couple the wheel holder (2) to the bicycle tray (1), to the second position (i.e. Release / Un-Locked Position of (42 & 422) in Figure 4A) where the actuator (42 & 422) disengages from the toothed strip (41) such that the wheel holder (2) is moveable relative to the bicycle tray (1) (See Paragraphs 0023 & 0025) (See Figures 3, 3A, 4, 4A & 7).
Regarding claim 14, Walker et al., discloses the method steps of securing the bicycle (12) to the bicycle carrier (10), comprising:
arranging the first wheel (16) of the bicycle (12) in the first wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4); wherein the first wheel holder (i.e. via (64,69/65) in Figures 1 & 4) comprises the first end and the second end disposed closer to the base (76) of the bicycle carrier (10) than the first end (i.e. Front End Portion of (10) in Figures 1 & 4);
translating the first wheel holder (i.e. via (64,69/65) in Figures 1 & 4) in the longitudinal direction of the bicycle tray (20) of the bicycle carrier (10) such that the bicycle (12) translates with the wheel holder (i.e. via (64,69/65) in Figures 1 & 4) to adjust (i.e. via Adjustable Sliding Position of (69) in Figures 1 & 4) (See Paragraph 0049) the lateral position of the bicycle (12) along the bicycle tray (20) in the longitudinal direction (See Figure 1); and
rotating the first wheel securement arm (40 & 50) to contact the first wheel (16) to secure the first wheel (16) in the first wheel holder (i.e. via (64,69/65) in Figures 1 & 4) (See Paragraphs 0044 & 0049).
In addition, it also would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the method steps of moving the wheel holders to the size or position needed and then insert the bicycle or insert the bicycle in one wheel holder and move it so that it can be positioned in the other wheel holder as taught by Walker et al., sliding capabilities (See Paragraphs 0044 & 0049).
However, Walker et al., does not explicitly disclose the method steps of moving an actuator member coupled to the second end of the wheel holder from the first position to the position to release the wheel holder from the locked configuration.
Shen ‘836 teaches the method steps of moving an actuator member (i.e. via “A Movable Element” of (4) w/ pivotable (42) in Paragraph 0023) coupled to the second end (i.e. via Lower End) of the wheel holder (2) from the first position to the position to release the wheel holder (2) from the locked configuration (See Paragraph 0023).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make moving an actuator member coupled to the second end of the wheel holder from the first position to the position to release the wheel holder from the locked configuration as taught by Shen with the bicycle carrier of Walker et al., in order to prevent accidental sliding.
Regarding claim 15, Walker et al., discloses the method steps of further comprising: arranging the second wheel (i.e. 2nd Wheel of 200) of the second bicycle (i.e. 2nd Bicycle of 200) in the second wheel holder (228) (See Paragraph 0060) (See Figure 8);
translating the second wheel holder (228) in the longitudinal direction of the second bicycle tray (230) such that the second bicycle translates with the second wheel holder (228) to adjust (i.e. via Adjustable Sliding Position of (228 & 260) in Figure 8) the lateral position of the second bicycle along the second bicycle tray (230) in the longitudinal direction to space apart the second bicycle from the bicycle (12) and the second bicycle (i.e. 2nd Bicycle of 200) are spaced apart (See Figure 8), wherein the second bicycle tray (230) extends parallel to the bicycle tray (130) (See Figure 8); rotating the second wheel securement arm (240 & 250) to contact the second wheel (i.e. 2nd Wheel of 200) to secure the second wheel (i.e. 2nd Wheel of 200) in the second wheel holder (228) (See Figures 8, 9, 10, 11 & 12).
Regarding claim 16, Walker et al., discloses the method steps of wherein the first wheel securement arm (140 & 150) comprises the housing (140) rotatably coupled to the bicycle tray (120), and an extendable portion (150) slideably coupled to the housing (140), and configured to extend and retract in the longitudinal direction of the housing (140) (See Figure 8).
Regarding claim 17, Walker et al., as modified by Shen ‘836 discloses the method steps of wherein the actuation member (i.e. via “A Movable Element” of (4) w/ pivotable (42) in Paragraph 0023) is coupled to the release member (43) that releasably engages with toothed strip (41) disposed on the bicycle tray (1) (See Paragraphs 0023, 0024, 0025 & 0026) (See Figures 3, 3A, 4 & 4A).
Regarding claim 18, Walker et al., discloses the method steps of wherein translating the first wheel holder (162) in the longitudinal direction of the bicycle tray (120) occurs after arranging the first wheel (16) of the bicycle (12) in the first wheel holder (120).
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0068111 A1) to Walker et al., and (U.S. Patent Number 10,464,499 B2) to Arviddsson et al., as applied to claim 1 above, and further in view of (U.S. Patent Publication Number 2011 / 0011909 A1) to Liu.
Regarding claim 10, Walker et al., discloses further comprising the wheel support (28/31) configured to secure the second bicycle wheel (14) of the bicycle (12), wherein the wheel holder (28/31) is coupled to the bicycle tray (20) and the wheel support (28/31) is coupled to the bicycle tray (12) opposite the first end (See Figures 1 & 2).
However, Walker et al., as modified by above does not explicitly disclose slideably coupled to the first load arm of the bicycle tray and the wheel support is slideably coupled to the second load arm of the bicycle tray opposite the first load arm.
Liu teaches the wheel support (i.e. Left (111) in Figure 1) configured to secure the second bicycle wheel (i.e. 2nd Bicycle Wheel in Figure 7) of the bicycle (i.e. 2nd Bicycle in Figure 7), wherein the wheel holder (i.e. Left (111) in Figure 1) is slideably coupled to the first load arm (i.e. Left (104) in Figure 1) of the bicycle tray (11) and the wheel support (i.e. Right (111) in Figure 1) is slideably coupled to the second load arm (i.e. Right (104) in Figure 1) of the bicycle tray (11) opposite the first load arm (i.e. Left (104) in Figure 1) (See Figures 1, 4, 5 & 7).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the wheel support configured to secure the second bicycle wheel of the bicycle, wherein the wheel holder is slideably coupled to a first load arm of the bicycle tray and the wheel support is slideably coupled to a second load arm of the bicycle tray opposite the first load arm as taught by Liu with the bicycle carrier of Walker et al., because the motivation only requires a simple substitution of one known equivalent bicycle carrier configuration for another to obtain predictable results.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2016 / 0068111 A1) to Walker et al., and (U.S. Patent Number 10,464,499 B2) to Arviddsson et al., as applied to claim 1 above, and further in view of (U.S. Patent Publication Number 2016 / 0039354 A1) to Settelmayer.
Regarding claim 12, Walker et al., discloses wherein the wheel holder (i.e. via (62,61/63) & (64,69/65) in Figures 1 & 4) comprises the first groove (i.e. Channel Portion of (62) in Figures 1 & 5), and wherein the first groove (i.e. Channel Portion of (62) in Figures 1 & 5) is configured to accommodate the bicycle wheel (16) of the first width (See Figure 1).
However, Walker et al., as modified by above does not explicitly disclose the second groove formed in the first groove, and the second groove configured to accommodate the bicycle wheel of the second width narrower than the first width.
Settelmayer teaches wherein the wheel holder (110) comprises the first groove (120) and the second groove (125) formed in the first groove (120), and wherein the first groove (120) is configured to accommodate the bicycle wheel of the first width and the second groove (125) is configured to accommodate the bicycle wheel of the second width narrower than the first width (See Paragraph 0021) (See Figure 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the first groove and the second groove formed in the first groove, and wherein the first groove is configured to accommodate the bicycle wheel of the first width and the second groove is configured to accommodate the bicycle wheel of the second width narrower than the first width as taught by Settelmayer with the bicycle carrier of Walker et al., because the motivation only requires a simple substitution of one known equivalent bicycle carrier configuration for another to obtain predictable results.
Allowable Subject Matter
Claims 11 is 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.
Claims 7, 94 & 95 are allowed.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 – 18, 94 & 95 have been considered but are moot in view of the new grounds of rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(U.S. Patent Number 10,787,130 B2) to Nordstrӧm et al.
(U.S. Patent Number 7,815,084 B2) to Allen et al., teaches wherein the wheel holder (28) comprises an extension arm (30, 50, 60, 62, 64 & 70) and the wheel cradle coupled to the extension arm (i.e. via (50) in Figures 4 & 5), and an interior cavity of the bicycle tray (20) and is slideably coupled to the bicycle tray (20).
(U.S. Patent Number 6,761,297 B1) to Pedrini teaches wherein the wheel holder (48) comprises the first groove (52) and the second groove (50) formed in the first groove (52), and wherein the first groove (52) is configured to accommodate the bicycle wheel of the first width and the second groove (50) is configured to accommodate the bicycle wheel of the second width narrower than the first width (See Column 5, lines 57 – 67) (See Figure 2).
(U.S. Patent Number 4,442,961) to Bott teaches wherein the wheel holder (140) is configured to support the bicycle (12, 20, 22, 24 & 26) and comprises the forward support (154), the rearward support (144), the recess (152) formed between the first and second supports (154 & 144), the first sidewall (i.e. Left Sidewall of (150) in Figures 1 & 2) extending between the first and second supports (154 & 144), and the second sidewall (i.e. Right Sidewall of (150) in Figures 1 & 2) extending between the first and second supports (154 & 144) opposite the first sidewall (i.e. Left Sidewall of (150) in Figures 1 & 2), and wherein the bicycle (12, 20, 22, 24 & 26) is supported by the first support (154) and the second support (144) (See Figures 1 & 2).
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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, Nathan J. Newhouse can be reached at 571-272-4544. 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.
/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
Prosecution Insights