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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4-11, and 13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Additionally, upon further consideration, allowability of claim 13 is withdrawn.
Claim Interpretation
Claims 1, 4-11 and 13 are drawn to a “bicycle rack” configured to removably attach a bicycle and configured to fasten to a railing. In formulating a rejection on the merits, the examiner is considering that the claims are drawn to the sub-combination (“a bicycle rack”) and the claims will be rejected accordingly. If applicant indicates by amendment that the combination claim is the intention (a bicycle rack with either a bicycle or railing), the language in the preamble should be made consistent with the language in the body of the claims. The examiner is interpreting the claims such that the combination of a “bicycle” and “railing” are not being positively claimed. As such, any recitation to “a bicycle” and/or “a railing” is construed as intended use and not positively claimed
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, 4-11, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Witczak (US 2007/0007316). Regarding claim 1, Witczak discloses a bicycle rack comprising: a clamp assembly having a clamp (e.g. 2, 8) configured to removably fasten the clamp assembly to a railing; an arm assembly (12, 44, and arm comprising 54 in figures 11-12) rotatably attached to the clamp assembly (0048); a mounting member (e.g. 50 and/or 52 and/or 56) configured to fasten and removably attach a bicycle to the bicycle rack, wherein the mounting member is rotatably connected to the arm assembly (via 54); and, the arm assembly enabling the attached bicycle to rotate from an internal side of the railing to an external side of the railing; wherein the arm assembly comprises a lower arm (12, 44) and an upper arm (figure 11-12) configured to rotate independently; and wherein the lower arm is attached to the clamp assembly via a first hinge (0048), the lower arm is attached to the upper arm via a second hinge (e.g. at 54 – figures 11-12), and the upper arm is attached to the mounting member via a third hinge (e.g. at 54 – figures 11-12).
PNG
media_image1.png
556
447
media_image1.png
Greyscale
In regards to claim 4, at least one of the first hinge, the second hinge, and the third hinge includes a torsion spring (43).
With regards to claim 5, the lower arm has approximately 180 degrees of rotation via the first hinge (figures 4-5).
Regarding claim 6, the clamp assembly further comprises a clamp plate, wherein the clamp plate includes mounting brackets (28) for holding the first hinge and torsion spring.
In regards to claim 7, the lower arm (12, 44) and the upper arm (figures 11-12) each comprise multiple arm members for stability.
Regarding claim 8, Witczak discloses a support member (52) protruding from the upper arm configured to support at least a portion of the bicycle during rotation.
With regards to claims 9-10, the clamp is configured to removably fasten to a handrail of balcony railing.
In regards to claim 11, the mounting member comprises a rectangular body forming a channel having a retaining openings configured to retain one or more portions of the bicycle (figures 11-12 – 52, 56 are rectangular in shape and form openings as shown in figure 11).
Regarding claim 13, Witczak discloses a bicycle rack comprising: a clamp assembly having a clamp (22) configured to removably fasten the clamp assembly to a railing; an arm assembly (27, 28) rotatably attached to the clamp assembly; a mounting member (32) to fasten and removably attach a bicycle to the bicycle rack, wherein the mounting member is rotatably connected to the arm assembly (via 29); and, the arm assembly enabling the attached bicycle to rotate from an internal side of the railing to an external side of the railing; wherein the clamp is configured to removably fasten to a handrail of the railing; and wherein the railing is a balcony railing.
Claim(s) 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Brusselback (US 10,040,402). Brusselback discloses a bicycle rack comprising: a clamp assembly having a clamp (22) configured to removably fasten the clamp assembly to a railing; an arm assembly (27, 28) rotatably attached to the clamp assembly; a mounting member (32) configured to fasten and removably attach a bicycle to the bicycle rack, wherein the mounting member is rotatably connected to the arm assembly (via 29); and, the arm assembly enabling the attached bicycle to rotate from an internal side of the railing to an external side of the railing; wherein the clamp is configured to removably fasten to a handrail of the railing; and wherein the railing is a balcony railing.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN LIU whose telephone number is (571)272-8227. The examiner can normally be reached Monday-Thurs, 6-6.
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, Namrata Boveja can be reached at 571-272-8105. 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.
/JONATHAN LIU/Supervisory Patent Examiner, Art Unit 3631