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 .
Election/Restrictions
Applicant’s election without traverse of Species 4 in the reply filed on 7/22/2026 is acknowledged.
Claims 29, 30, 32, 39, 58, 61, 64, 70 and 73 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 12/20/2023 and 4/18/20242 have been considered by the examiner.
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 1, 4, 14, 16, 19, 22, 33, 38, 63, 66 and 67 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “and/or vise versa” in line 11 and again in line 15, which is unclear and renders the claims indefinite. Specifically, the statement makes it unclear if the limitations preceding the statement are required by the claim.
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, 4, 14, 16, 33, and 38, as best understood, is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Reis (USPN 2,884,812).
Reis discloses a transmission system for a human powered vehicle, such as bicycle, comprising:
an input (1A) and an output (3B), wherein the input is arranged to be connected to a power source, and the output is arranged to be connected to a load, a first transmission (A) and a second transmission (B) between the input and the output, wherein the first transmission and the second transmission are connected in series (see Fig. 3), the first transmission being selectively operable according to a first transmission ratio (direct drive, Column 3, lines 38-39) or a second transmission ratio (Column 3, lines 42-43), and having a first clutch (11a/12a/13a) for switching the first transmission from the first transmission ratio to the second transmission ratio and/or vice versa; and the second transmission being selectively operable according to a third transmission ratio (Column 3, line 46) or a fourth transmission ratio (Column 3, lines 49-50), and having a second clutch (11b/12b/13b) for switching the second transmission from the third transmission ratio to the fourth transmission ratio and/or vice versa; wherein the first transmission includes a first transmission path (Column 3, lines 36-39) for providing the first transmission ratio and a second transmission path (Column 3, lines 39-43), parallel to the first transmission path, for providing the second transmission ratio, at least one of the first and second transmission paths including the first clutch, wherein the second transmission includes a third transmission path (Column 3, lines 43-46) for providing the third transmission ratio and a fourth transmission path (Column 3, lines 46-50) parallel to the third transmission path, for providing the fourth transmission ratio, at least one of the third and fourth transmission paths including the second clutch; wherein at least one of the first transmission and the second transmission includes a planetary gear set (both transmissions are planetary gear sets); wherein at least one of the first transmission ratio, the second transmission ratio, the third transmission ratio and the fourth transmission ratio is a 1:1 transmission ratio (the first transmission ratio is 1:1 as it is direct drive); further comprising an intermediate shaft (3A-1B), and wherein the first transmission is operable between the input and the intermediate shaft, and the second transmission is operable between the intermediate shaft and the output; wherein each of the clutches are load-shifting clutches (both clutches a can be operated under load) arranged for being coupled and/or decoupled under load.
Claim Rejections - 35 USC § 103
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.
Claim(s) 22, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Reis (USPN 2,884,812).
Reis discloses the claimed invention, except for wherein a ratio of the second transmission ratio and the first transmission ratio is between 1.1 and 1.3.
The selection of a gear ratio desirable for a given intended use is within the level of ordinary skill in the art.
It would have been obvious to one having ordinary skill in the art at the time the application was filed to have modified the second transmission ratio such that the ratio of the second transmission ratio to the first transmission ratio is between 1.1 and 1.3, as the selection of a gear ratio suitable for a given intended use only requires routine skill in the art.
Claim(s) 63 and 66-67, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Reis (USPN 2,884,812) in view of Hino et al. (USPN 9,017,201).
Reis discloses the claimed invention, except for the transmission system is used in a bicycle having a crank coupled to an input shaft and a chain wheel coupled to an output shaft for meshing with an endless drive member, wherein the transmission system is arranged between the crank and the chain wheel.
Hino discloses a transmission system (140) of a bicycle (not shown, described frequently through the specification) having a crank (101) coupled to an input shaft (102) and a chain wheel (103) coupled to an output shaft (131) for meshing with an endless drive member (104), wherein the transmission system is arranged between the crank and the chain wheel (see Fig 2, transmission is located between the input crank and the output sprocket).
It would have been obvious to one having ordinary skill in the art at the time the application was filed to have modified the transmission system of Reis to be used in a Bicycle and located between the crank and the chainwheel, as the selection of an intended use suitable for a given transmission system requires only routine skill in the art.
Allowable Subject Matter
Claim 19 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAKE COOK whose telephone number is (571)272-5968. The examiner can normally be reached M-F 8:00-4:00 PM.
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, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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JAKE COOK
Primary Examiner
Art Unit 3618
/Jake Cook/Primary Examiner, Art Unit 3618
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