DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after Aug 16, 2022, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 1 is objected to because of the following informalities: In claim 1,. Appropriate correction is required.
Preliminary Amendment
Receipt of the preliminary amendment filed 10/12/2023 is acknowledged. This amendment amended claims 1-7. Claims 9-20 are newly added.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-4, 6-9, 12-13 and 17-19 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bowers et al. (US Pub. 20180334212 A1; hereinafter, “Bowers”).
Regarding claim 1, Bowers discloses: a seat post assembly (“saddle adjustment assembly”, figs. 1-43D; ‘Abstract’) for a human powered vehicle (‘bicycle’ with pedal, fig. 1A), said seat post assembly comprising an upper tube (upper support 320, fig. 42D) and a lower tube (lower support 310, fig. 42D), wherein the upper tube (320) is telescopically received inside the lower tube (310, fig. 42D and [ para. 0320 teaches that a lead screw 4254 that is configured to rotate about a longitudinal axis when the upper support 320 slides relative to the lower support 310; thus, telescopically received inside the lower tube]), said seat post assembly further comprising a motor (linear actuator ‘motor 4220’, fig. 42B; [0063]) attached to the upper tube (320, fig. 42B and [para. 0066 teaches that the saddle support rotatably coupled to the housing such that rotation of the saddle support adjusts an angle of the bicycle saddle with respect to the saddle post; and a motor comprising an output member (drive shaft); thus, connected to upper tube]), a lead screw (4254, fig. 42B) connected at an upper end (via drive shaft of the motor 4220; [para. 0066 teaches that the output member (drive shaft) coupled to the saddle support such that rotational motion of the drive shaft is converted into rotational motion of the saddle support]) connected thereof to a drive shaft (output member) of said motor (‘motor’ 4220), a nut (lower lead nut 4256, [0323]) and a nut holder tube (4380, fig. 43B) provided inside the lower tube (310), the lead screw (4254) and attached at the lead screw's lower end (fig. 42B) to said lower tube (310), wherein the nut (4256) is attached to a top portion of said nut holder tube (see fig. 42D), wherein said lead screw (4254) is received by said nut (4256), and is provided inside said upper tube (320) and inside said nut holder tube (4280), said seat post assembly being configured to raising or lowering (via “the upper support 320 slides relative to the lower support 310” as described in para. 0320] the upper tube (320) relative to the lower tube (310) by rotating said lead screw (4254, fig. 42D) in forward or backward direction respectively [“up and down” [0135]), wherein the seat post assembly further comprising a lead screw end support (collet 2220, fig. 43B) that is connected to the lower end of the lead screw (4254) and is axially displaceable (via “grooves” [0220]) inside the nut holder tube (310) to minimize vibrations and noise during rotation of said lead screw (4254) [para. 0220 teaches that the collet 2220 of the saddle adjustment assembly desirably also interacts with the saddle angle adjustment mechanism to enable movement or angle adjustment; note that: permitting movement or angle - adjustment functionality serves to secure the lead-screw travel and reduce vibration and noise.]
Regarding claim 2, Bowers further teaches the seat post assembly, wherein said lower tube (310) is configured to be removably attached to a frame of a bicycle [para. 0006 teaches: “the saddle adjustment assembly comprising: a saddle post configured to attach to a bicycle frame; an actuating member slidably coupled with the saddle post such that the actuating member can translate, in a direction parallel to a longitudinal axis of the saddle post; thus, configured to be removably attached to a frame of a bicycle.]
Regarding claim 3, Bowers further teaches that said upper tube (320) comprising at a top position thereof a head (rotating arm 2002, fig, 42B), wherein a battery (3212, [0243]) and a saddle (105, fig. 1A) may be removably attached (fig. 3 without saddle) to said head (2002; [ para. 0243 teaches that the power source 3212 (battery) can be electrically connected to the controller 3210 and the various sensors and actuators to enable dynamic monitoring of a saddle post height; thus, removably attached]).
Regarding claim 4, Bowers further teaches that said battery (3212) is provided with a heater (equivalent to a generator to generate electricity, solar power source [0249]) to enable sufficient performance of the battery (3212) in low temperatures (meant to provide in various condition, such as in low temperature).
Regarding claim 6, Bowers further teaches that said nut holder tube (4380, fig. 43B) is configured to be telescopically received in said upper tube (320; [ as predicted in figs. 42D and 43B, nut holder tube 4380 is configured to be telescopically received in said upper tube 320 by allowing up and down sliding movement; see claim rejection 1 above and also [0013]).
Regarding claim 7, Bowers further teaches that a human powered vehicle [para. 0003 teaches: “it may be desirable for a cyclist to selectively raise or lower a saddle while he or she is riding a bicycle”; thus, human powered vehicle] comprising a seat post assembly (“saddle adjustment assembly”) according to any one of claim 1.
Regarding claim 8, Bowers further teaches that the human powered vehicle, wherein said human powered vehicle is a bicycle (“bicycle”; [0003]).
Regarding claim 9, Bowers further teaches that said upper tube (320) comprising at a top position thereof a head (rotating arm 2002, fig, 42B), wherein a battery (power source 3212, [0243]) and a saddle (105, fig. 1A) may be removably attached (fig. 3 without saddle) to said head (2002; [ para. 0243 teaches that the power source 3212 (battery) can be electrically connected to the controller 3210 and the various sensors and actuators to enable dynamic monitoring of a saddle post height; thus, removably attached]).
Regarding claim 12, Bowers further teaches that a human powered vehicle [para. 0003 teaches: “it may be desirable for a cyclist to selectively raise or lower a saddle while he or she is riding a bicycle”; thus, human powered vehicle] comprising a seat post assembly (“saddle adjustment assembly”; [‘Abstract’]) according to any one of claim 11.
Regarding claim 13, Bowers further teaches that the human powered vehicle, wherein said human powered vehicle is a bicycle (“bicycle”; [0003]).
Regarding claim 17, Bowers further teaches that said nut holder tube (4380, fig. 43B) is configured to be telescopically received in said upper tube (320; [ as predicted in figs. 42D and 43B, nut holder tube 4380 is configured to be telescopically received in said upper tube 320 by allowing up and down sliding movement; see claim rejection 1 above and also [0013]).
Regarding claim 18, Bowers further teaches that said nut holder tube (4380, fig. 43B) is configured to be telescopically received in said upper tube (320; [ as predicted in figs. 42D and 43B, nut holder tube 4380 is configured to be telescopically received in said upper tube 320 by allowing up and down sliding movement; see claim rejection 1 above and also [0013]).
Regarding claim 19, Bowers further teaches that said nut holder tube (4380, fig. 43B) is configured to be telescopically received in said upper tube (320; [ as predicted in figs. 42D and 43B, nut holder tube 4380 is configured to be telescopically received in said upper tube 320 by allowing up and down sliding movement; see claim rejection 1 above and also [0013]).
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 no obviousness.
Claims 5, 10-11, 14-16 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bowers in view of Runde (US Pub. 20170197524 A1).
Regarding claim 5, 10 and 14-16; (similar limitations, different dependency): Bowers further teaches that the lead screw (4254) in order to minimize vibrations and noise (via “low friction mechanism” as described in [0277]) during operation of said lead screw (4254), but does not appear to explicitly teach that said lead screw (4254) is hollow; however,
[Note: although the claims 10 and 14-16 are unrelated dependency-wise to claim 5; however, identical limitations have been noted, including motivation for a person of ordinary skill in the art to modify.]
Runde in another seat track assembly for quick adjust power adjuster with tubular lead screw similar to Bowers teaches that said lead screw (54, fig. 2, [0015]) is hollow (“hollow”; [0015]) tubular lead screw [para. 0015 teaches “hollow tubular lead screw 54”].
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to integrate a hollow tubular lead screw as taught by Runde into the seat post configuration of Bowers and advantageously provide reduce vibration actuation and lower operational noise, as the reduced mass and inertia of the tubular structure minimize oscillatory forces during actuation and is conveniently and slidably journaled to the opposites ends. The claimed configuration doesn’t yield unexpected results but reflects routing engineering design choices based on known principles of adjustable seat post mechanism and terrain adaptability.
Regarding claim 11, Bowers as modified above further teaches that said nut holder tube (4380, fig. 43B) is configured to be telescopically received in said upper tube (320; [ as depicted in figs. 42D and 43B, nut holder tube 4380 is configured to be telescopically received in said upper tube 320 by allowing up and down sliding movement; see claim rejection 1 above and also [0013]).
Regarding claim 20, Bowers as modified above further teaches that said nut holder tube (4380, fig. 43B) is configured to be telescopically received in said upper tube (320; [ as predicted in figs. 42D and 43B, nut holder tube 4380 is configured to be telescopically received in said upper tube 320 by allowing up and down sliding movement; see claim rejection 1 above and also [0013]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US Pub. 20200346703 A1 to Bowers discloses: a bicycle assembly comprises a saddle adjustment assembly, the saddle adjustment assembly comprising: a saddle post configured to attach to a bicycle frame; an actuating member slidably coupled with the saddle post such that the actuating member can translate, in a direction parallel to a longitudinal axis of the saddle post, between at least first and second predetermined positions.
US PAT. 6050585 A to Rai discloses: the drive shaft is threaded so that, depending upon the direction of rotation, the drive shaft is moved up and down within a seat post receiving member of the bicycle frame.
US 20190233041 A1 to Watson discloses: the device has a seat coupling for coupling to a bicycle seat. A seat adjustment mechanism couples a seat tube coupling and the seat coupling and comprises a tilt actuator to adjust a tilt of the seat coupling relative to the seat tube coupling, where the tilt actuator comprises a seat coupling gear fixed to the seat coupling and the seat adjustment mechanism comprises a prime mover rotatably coupled to the seat coupling gear along a tilt axis such that movement of the prime mover rotates the seat coupling gear by adjusting the tilt of the seat coupling along the tilt axis.
CN 103395458 A to Deng discloses: the device has a telescopic sleeve component provided with a sleeve tube and an extension tube. A threaded pipe is connected with a screw rod thread. A rotating flexible component is screwed with a threaded rod to generate flexible reciprocating movement.
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/NABIN KUMAR SHARMA/Examiner, Art Unit 3611
/VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611