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 .
DETAILED ACTION
Examiner’s Comments
The Examiner notes that the office action below may reference support found in the cited prior art by indicating element numbers, figures or by pointing out a specific paragraph (PAR) number in which support can be found. The PAR number referenced corresponds to paragraph number beginning in the "Detailed Description" of the disclosure unless otherwise noted. The pending claims are 1-15.
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 7-15, 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 pre-AIA the applicant regards as the invention.
Claim 7 depends from claim 6 wherein the preamble states “The bicycle rack of claim 6…”; however, claim 6 does NOT claim a bicycle rack, but claims a fastening system capable of securing a bicycle to a bicycle rack. Appropriate correction is required. Claim 7 is indefinite because it is not clear what applicant is claiming or what limitations are encompassed by the claim. It is suggested that claim 7 preamble be amended to be consistent with prior claims. Appropriate correction is required.
Claims dependent upon the claims rejected above are rejected for the above reasons as they do not remedy the deficiency.
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.
Claims 1-4, 5-6, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9,156,413 to Liu. Insofar as the claimed invention is understood:
With regard to claim 1, a fastening system, comprising: a base portion (12) having an upper portion and a lower portion (portions undesignated, see fig. 2); and an insert (13), wherein the insert includes a plurality of notches (130) configured to slidably engage a plurality of channels (124) of the base portion.
With regard to claim 2, further comprising: a strap (11) having a first aperture on a first end and a second aperture on a second end (see fig. 2).
With regard to claims 3-4, wherein the base portion (12) further comprises a first notch and a second notch disposed on an upper portion of the base portion (left and right notches 121), wherein the first notch is configured to engage the first aperture of the strap, and wherein the second notch is configured to engage the second aperture of the strap (notches 121 engage apertures in strap 11, see fig. 2).
With regard to claim 5, wherein an aperture (123) extends through the lower portion of the base portion (see fig. 2).
With regard to claim 6, wherein the fastening system is configured to secure a bicycle to a bicycle rack (see fig. 6).
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 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 of this title, 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.
Claims 7, 10-12, 15, are rejected under 35 U.S.C. 103 as being unpatentable over US 9,156,413 to Liu in view of US 10,086768 to Ritter Jr. et al and DE 10215971 to Koelbl et al.
As discussed above and with regard to claims 7, 10, 12, Liu discloses the invention substantially as claimed including a fastening system, comprising: a base portion (12) having an upper portion and a lower portion (portions undesignated, see fig. 2); and an insert (13) and wherein the fastening system is configured to secure a bicycle to a bicycle rack (see Liu fig. 6). Liu does not disclose a bicycle rack having a pair of elongated members; a plurality of connecting elements for slidably connecting the pair of elongated members to a roof of a vehicle; and a pair of telescopic arms, wherein each one of the pair of telescopic arms comprises a first end connected to a respective one of the pair of elongated members, and wherein the bicycle rack can be adjusted between a stored position and a bicycle carrying position. Ritter Jr, et al disclose a pair of elongated tubular members (20), connecting elements (14) and telescopic arms (22,24; see fig. 1 of Ritter Jr); however connecting elements (14) slide into apertures on the rear of a vehicle instead of the roof. Koelbl et al disclose a bicycle rack with connecting elements (16) attached to a roof canopy of a vehicle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the clamed invention to combine the teachings of Ritter Jr and Koelbl with the bicycle fastening system of Liu. A person of ordinary skill would have been motivated to do so, with a reasonable expectation of success, for the purpose of providing a bicycle fastening system having telescoping arms and connection to the roof canopy of a vehicle.
As discussed above and with regard to claim 11, Liu modified by Ritter Jr and Koelbl discloses a bicycle rack, when in the stored position, is clear of a rear storage compartment of the vehicle (see figure in Koelbl).
As discussed above and with regard to claim 15, Liu modified by Ritter Jr and Koelbl discloses a bicycle rack, wherein the bicycle rack may be configured to receive two bicycles (Ritter Jr discloses wherein bicycle receiving bracket 37, fig. 1, may be sized to support more than one bicycle).
Allowable Subject Matter
Claims 8-9, 13-14, appear to be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112, 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to attachment (PTO-892) for notice of references cited and recommended for consideration based on their disclosure of limitations of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Brian Nash whose telephone number is 571-272-4465. The examiner can normally be reached on Monday – Friday from 11 a.m. to 7 p.m. EST. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The official fax number for this Group is: 571-273-8300; Inventor Assistance Center is 800-786-9199.
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/BRIAN D NASH/
Primary Examiner, Art Unit 3734
1/28/2026