DETAILED ACTION
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 § 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.
Claim(s) 1,7-14 and 17-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Uimonen (US 11,186,335).
Regarding claim 1, Uimonen anticipates a kickstand device comprising:
a mount portion 10,12 (Fig 4) [ for attachment to a wheeled implement 100 (Fig 3)] (“The connector 10 is located on the platform 121 of the main frame 120.” col 4 lines 63-65 ); and
a pivotable member 40 (Fig 5) [ pivotally connected to the mount portion] (Fig 5 shows the pivotal members in an extended position (position A) and Fig 7 shows the support members in a retracted position (position B) where the pivotal member is retracted up from the mount portion ), [the pivotable member being pivotable between a first position to engage ground and retain the wheeled implement in an upright orientation and a second position away from ground engagement] (See Figs 5 and 7, “The supporting end 43 is to stand on the ground” Col 5 line 64-65);
wherein the mount portion 10,12 (Fig 4) [comprises a first mount location 11 (Fig 4) for connection to the wheeled implement] (“The connector 10 includes a front supporting frame connecting portion 11. The front supporting frame connecting portion 11 is located on the front side of the rear wheel 110 and is connected to the bottom of the platform 121.” Col 4 lines 64-67 ) and [a second mount location 12 (Fig 4) for connection to the wheeled implement] (“The two rear supporting frame connecting portions 12 are respectively connected to the bottom of the two platforms 121, and are respectively connected to the two rear supporting frames 40.” Col 5 lines 3-5 ), with the first mount location 11 (Fig 4) being in a fore direction of the wheeled implement and the second mount 12 (Fig 4) location being in an aft direction of the wheeled implement] (“The supporting frame 1 includes a connector 10… and two rear supporting frame connecting portions 12… The connector 10 includes a front supporting frame connecting portion 11. The front supporting frame connecting portion 11 is located on the front side of the rear wheel… The two rear supporting frame connecting portions 12 are respectively connected to the bottom of the two platforms 121.” Col 4 lines 55-67, Figs 1,1A and 2 show the connector 10 is installed on a bicycle with the rear portion 12, positioned in an aft position from the front supports 11 ), and the pivotable member 40 (Fig 5) being pivotally connected to the mount portion 12 (Fig 5) [such that a pivot axis about which the pivotable member pivots between the first position and the second position is in a plane and the first mount location is to a first side of the plane and the second mount location is to a second side of the plane] (“the user can apply a force on the front supporting frame assembly 20 … to force the supporting frame assembly 20 to turn in the direction away from the connector 10…and the two connecting bars 30 will drive the two rear supporting frames 40 to turn along a second direction N…” Col 6 lines 53-63 and “at this time, the front supporting frame assembly 20 will push the two connecting bars 30, and the two connecting bars 30 will drive the two rear supporting frames 40 to turn along a first direction M, until the front supporting frame assembly 20 touches the connector 10, resulting in a folded state B of the supporting frame 1” Col 7 lines 21-26 Figs 1 and 3 show the connector in an extended position where the pivotal member is touching the ground, and Fig 3 in a retracted position where the pivotal member pivots along a direction M to collapse the device.).
Regarding claim 7, Uimonen anticipates the pivotable member 40 (Fig 5) comprises a leg 40, [with the leg comprising a foot 43 (Fig 4) portion to engage ground when the pivotable member is in the first position “position A (Fig 4)”] (“The two rear supporting frames 40 are used to stand on the ground to support the bicycle 100 with the front supporting frame assembly 20 when the supporting frame 1 is in a supporting state A… The supporting end 43 is to stand on the ground together with the two supporting components 25a to support the bicycle” Col 5 lines 52-53 and 64-66 ).
Regarding claim 8, Uimonen anticipates [the pivotable member 40 (Fig 5) comprises a second leg, with the second leg comprising a second foot portion 43 (Fig 4) to engage ground when the pivotable member is in the first position] (Fig 4 shows the pivotable member 40 has a pair that sits on the other side of the bicycle in Fig 1 to engage the ground while in the first position “A”, “the two rear supporting frames 40 are two expansion poles with adjustable length” Col 5 lines 46-47).
Regarding claim 9, Uimonen anticipates the second leg 40 (Fig 4) [ is diametrically opposite the first leg 40 (Fig 4) relative to the mount portion 10,12 (Fig 4) ] (“…in relation to a bicycle 100, the supporting frame 1 has a supporting state A and a folded state B. The supporting frame 1 includes a connector 10, a front supporting frame assembly 20, two connecting bars 30, two rear supporting frames 40” Col 4 lines 56-60, Figs 1 and 1A shows the pivotable legs are opposed to one another on opposite sides of the mount portion and of the bicycle).
Regarding claim 10, Uimonen anticipates a biasing member 60 (Fig 5) [to facilitate movement of the leg between the first position and the second position] (“the two second elastic components 60 are both springs, the two ends of the two second elastic components 60 are respectively connected to the two connecting ends 41 and the two rear supporting frame connecting portions 12, to drive the two connecting ends 41 to turn in relation to the two rear supporting frame connecting portions 12. The second elastic component 60 is to apply an elastic force upon the rear supporting frame 40 and the rear supporting frame connecting portion 12, to enable the rear supporting frame connecting portion 12 to turn quickly and stably in relation to the rear supporting frame 40 and be folded.” Col 6 lines 16-27)
Regarding claim 11, Uimonen anticipates the mount portion 10,12 (Fig 4) [ is configured to attach to a frame of the wheeled implement] (“in relation to a bicycle 100, the supporting frame 1 has a supporting state A and a folded state B….The supporting frame 1 includes a connector 10…and two rear supporting frame connecting portions 12….The connector 10 is located on the platform 121 of the main frame 120…The two rear supporting frame connecting portions 12 are respectively connected to the bottom of the two platforms 121,” Col 4 line 37 Col 5 line 5).
Regarding claim 12, Uimonen anticipates the mount portion 10,12 (Fig 4) [comprises an additional portion configured to interact within the frame of the wheeled implement] (“The connector 10 is located on the platform 121 of the main frame 120…The two rear supporting frame connecting portions 12 are respectively connected to the bottom of the two platforms 121”, Col 4 line 64- Col 5 line 6).
Regarding claim 13, Uimonen anticipates a kickstand device comprising:
A mount portion 10,12 (Fig 4) [ for attachment to a wheeled implement 100 (Fig 3)] (“The connector 10 is located on the platform 121 of the main frame 120.” col 4 lines 63-65 ); and
a pivotable member 40 (Fig 5) [ pivotally connected to the mount portion] (Fig 5 shows the pivotal members in an extended position (position A) and Fig 7 shows the support members in a retracted position (position B) where the pivotal member is retracted up from the mount portion ), the pivotable member 40 (Fig 5) [pivotable about a pivot axis between a first position to engage ground and retain the wheeled implement in an upright orientation and a second position away from ground engagement] (“in an embodiment of the present invention, in relation to a bicycle 100, the supporting frame 1 has a supporting state A and a folded state B” Col 4 lines 55-58 and “the two second elastic components 60 are both springs, the two ends of the two second elastic components 60 are respectively connected to the two connecting ends 41 and the two rear supporting frame connecting portions 12, to drive the two connecting ends 41 to turn in relation to the two rear supporting frame connecting portions 12. The second elastic component 60 is to apply an elastic force upon the rear supporting frame 40 and the rear supporting frame connecting portion 12, to enable the rear supporting frame connecting portion 12 to turn quickly and stably in relation to the rear supporting frame 40 and be folded.” Col 6 lines 16-27, Figs 4 and 7 show the extended position A and the retracted position B );
wherein the pivotable member 40 (Figs 4 and 7)[ transfers a torque to the mount portion 12 (Fig 7) when pivoting about the pivot axis from the second position to the first position] (A torque is transmitted to the mount portion when a force is applied to the lower end of the pivotable member causing rotation, “The second elastic component 60 is to apply an elastic force upon the rear supporting frame 40 and the rear supporting frame connecting portion 12, to enable the rear supporting frame connecting portion 12 to turn quickly and stably in relation to the rear supporting frame 40 and be folded.” Col 6 lines 23-27 and “the user can apply a force on the front supporting frame assembly 20…to force the supporting frame assembly 20 to turn in the direction away from the connector 10…and the two connecting bars 30 will drive the two rear supporting frames 40 to turn along a second direction N until the front supporting frame assembly 20” Col 6 lines 51-61).
Regarding claim 14, Uimonen anticipates wherein the mount portion 10,12 (Fig 4) [comprises a first mount location 11 (Fig 4) for connection to the wheeled implement] (“The connector 10 includes a front supporting frame connecting portion 11. The front supporting frame connecting portion 11 is located on the front side of the rear wheel 110 and is connected to the bottom of the platform 121.” Col 4 lines 64-67 ) and [a second mount location 12 (Fig 4) for connection to the wheeled implement] (“The two rear supporting frame connecting portions 12 are respectively connected to the bottom of the two platforms 121, and are respectively connected to the two rear supporting frames 40.” Col 5 lines 3-5 ), with the first mount location 11 (Fig 4) being in a fore direction of the wheeled implement and the second mount 12 (Fig 4) location being in an aft direction of the wheeled implement] (“The supporting frame 1 includes a connector 10… and two rear supporting frame connecting portions 12… The connector 10 includes a front supporting frame connecting portion 11. The front supporting frame connecting portion 11 is located on the front side of the rear wheel… The two rear supporting frame connecting portions 12 are respectively connected to the bottom of the two platforms 121.” Col 4 lines 55-67, Figs 1,1A and 2 show the connector 10 is installed on a bicycle with the rear portion 12, positioned in an aft position from the front supports 11 ), and the pivotable member 40 (Fig 5) being pivotally connected to the mount portion 12 (Fig 5) [such that a pivot axis about which the pivotable member pivots between the first position and the second position is in a plane and the first mount location is to a first side of the plane and the second mount location is to a second side of the plane] (“the user can apply a force on the front supporting frame assembly 20 … to force the supporting frame assembly 20 to turn in the direction away from the connector 10…and the two connecting bars 30 will drive the two rear supporting frames 40 to turn along a second direction N…” Col 6 lines 53-63 and “at this time, the front supporting frame assembly 20 will push the two connecting bars 30, and the two connecting bars 30 will drive the two rear supporting frames 40 to turn along a first direction M, until the front supporting frame assembly 20 touches the connector 10, resulting in a folded state B of the supporting frame 1” Col 7 lines 21-26 Figs 1 and 3 show the connector in an extended position where the pivotal member is touching the ground, and Fig 3 in a retracted position where the pivotal member pivots along a direction M to collapse the device.).
Regarding claim 17, Uimonen anticipates at least one of the first mount location 11 (Fig 4) or the second mount location 12 (Fig 4) [comprise a portion that defines a mount hole for receiving a fastener] (Fig 5 shows a plurality of fasteners and holes that are used to attach the first and second mount locations onto the frame of the bicycle “The two platforms 121 are respectively and symmetrically located on the two sides of the rear wheel 110. In the present embodiment, the supporting frame 1 is located below the platform 121. However, the present invention is not limited to the present embodiment. The supporting frame 1 can be located at other positions of the main frame 120, as long as the purpose of supporting the bicycle with the supporting frame is accomplished. The handle 130 is located on the steering frame of the bicycle 100. The handle 130 is for the user to grip and steer the bicycle.” Col 4 lines 45-54 ).
Regarding claim 18, Uimonen anticipates the fastener comprises a bolt (Figs 4 and 5 clearly show the connecting elements that connect 11 and 12 to the frame are bolts with nuts to fasten the frame elements together. See also "Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 173 USPQ 25.”)
Regarding claim 19, Uimonen anticipates a biasing member 60 (Fig 5) [to facilitate pivoting of the pivotable member about the pivot axis] (“the two second elastic components 60 are both springs, the two ends of the two second elastic components 60 are respectively connected to the two connecting ends 41 and the two rear supporting frame connecting portions 12, to drive the two connecting ends 41 to turn in relation to the two rear supporting frame connecting portions 12. The second elastic component 60 is to apply an elastic force upon the rear supporting frame 40 and the rear supporting frame connecting portion 12, to enable the rear supporting frame connecting portion 12 to turn quickly and stably in relation to the rear supporting frame 40 and be folded.” Col 6 lines 16-27)
Regarding claim 20, Uimonen anticipates a wheeled implement 100 (Fig 1) comprising:
a frame 120,121 (Fig 1);
a plurality of wheels 110 (Fig 1, Fig 1 additionally shows a front wheel attached to the main frame of the bicycle) [rotatably connected to the frame] (“the bicycle further includes a rear wheel, the main frame further includes two platforms, and the two platforms are respectively located on the two sides of the rear wheel, and the connector is connected to the two platforms.” Col 2 lines 53-56 ); and
a kickstand device comprising:
A mount portion 10,12 (Fig 4) [ for attachment to the frame 120,121 (Fig 3)] (“The connector 10 is located on the platform 121 of the main frame 120.” col 4 lines 63-65 ); and
a pivotable member 40 (Fig 5) [ pivotally connected to the mount portion] (Fig 5 shows the pivotal members in an extended position (position A) and Fig 7 shows the support members in a retracted position (position B) where the pivotal member is retracted up from the mount portion ), [the pivotable member being pivotable between a first position to engage ground and retain the wheeled implement in an upright orientation and a second position away from ground engagement] (See Figs 5 and 7, “The supporting end 43 is to stand on the ground” Col 5 line 64-65);
wherein the mount portion 10,12 (Fig 4) [comprises a first mount location 11 (Fig 4) for connection to the frame] (“The connector 10 includes a front supporting frame connecting portion 11. The front supporting frame connecting portion 11 is located on the front side of the rear wheel 110 and is connected to the bottom of the platform 121.” Col 4 lines 64-67 ) and [a second mount location 12 (Fig 4) for connection to the frame] (“The two rear supporting frame connecting portions 12 are respectively connected to the bottom of the two platforms 121, and are respectively connected to the two rear supporting frames 40.” Col 5 lines 3-5 ), with the first mount location 11 (Fig 4) being in a fore direction of the wheeled implement and the second mount 12 (Fig 4) location being in an aft direction of the wheeled implement] (“The supporting frame 1 includes a connector 10… and two rear supporting frame connecting portions 12… The connector 10 includes a front supporting frame connecting portion 11. The front supporting frame connecting portion 11 is located on the front side of the rear wheel… The two rear supporting frame connecting portions 12 are respectively connected to the bottom of the two platforms 121.” Col 4 lines 55-67, Figs 1,1A and 2 show the connector 10 is installed on a bicycle with the rear portion 12, positioned in an aft position from the front supports 11 ), and the pivotable member 40 (Fig 5) being pivotally connected to the mount portion 12 (Fig 5) [such that a pivot axis about which the pivotable member pivots between the first position and the second position is in a plane and the first mount location is to a first side of the plane and the second mount location is to a second side of the plane] (“the user can apply a force on the front supporting frame assembly 20 … to force the supporting frame assembly 20 to turn in the direction away from the connector 10…and the two connecting bars 30 will drive the two rear supporting frames 40 to turn along a second direction N…” Col 6 lines 53-63 and “at this time, the front supporting frame assembly 20 will push the two connecting bars 30, and the two connecting bars 30 will drive the two rear supporting frames 40 to turn along a first direction M, until the front supporting frame assembly 20 touches the connector 10, resulting in a folded state B of the supporting frame 1” Col 7 lines 21-26 Figs 1 and 3 show the connector in an extended position where the pivotal member is touching the ground, and Fig 3 in a retracted position where the pivotal member pivots along a direction M to collapse the device.).
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) 2-5 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Uimonen.
Regarding claims 2-5 and 15-16, Uimonen discloses the claimed invention except for a third mount location located in the aft direction on the second side of a plane, a fourth mount location located in the fore direction on the first side of a plane, a third mount location located in the fore direction on the first side of a plane, a fourth mount location located in the aft direction on the second side of a plane, a third mount location located in the aft direction on a second side of a plane, and a third mount location located in the fore direction on a first side of a plane. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the third and fourth mount locations to be in a fore or aft location on either a first side or second side of a central plane, so as to achieve an optimal balance point between the fore and aft sides of the wheeled implement so the wheeled implement can remain upright and balanced (given that the overall forward/backwards balance of mass of the wheeled implement is correlated to the installation location of the kickstand device as a results effective variable – see MPEP 2144.05- II Routine Optimization) since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. See, In re Aller, 105 USPQ 233. Moreover, Applicant should note that nothing of record, nor known in the art, suggests that using the specific kickstand location yields any previously unexpected results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Uimonen in view of Schwinn (US 2395148 A).
Regarding claim 6, Uimonen teaches the kickstand of claim 1.
Uimonen does not teach at least one of sliding bushings and bearings for aiding relative rotation between the pivotable member and the mount portion.
Schwinn teaches a kickstand element 38 (Fig 4) with [one of sliding bushings and bearings] (“The cam 47 is provided with a through bore 53 axially located in the cam 41 and adapted to serve as a bearing for the upper end portion or trunnion 44 of the sprag.” Pg 2 lines 38-41) [for aiding relative rotation between the pivotable member and the mount portion] (“The sprag may then be rotated on trunnion 44, the pin 58 sliding on the surfaces 65 and 64” Pg 3 lines 60-62 ).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the cam bearing of Schwinn with the kickstand of Uimonen with a reasonable expectation of success because it would allow for additional rotational support within the rotation of the kickstand and the mounting portion. By including a bearing or bushing along the interior of the mount portion, there is additional axial support to guide and control the amount of rotation the kickstand element can endure.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Lin (US 20100283222 A1) teaches a kickstand device includes a main frame mounted to a frame of a two-wheeled vehicle and two kickstands each having a first end and a second end. The first ends of the kickstands are respectively mounted to two ends of a pivotal rod to move therewith.
Ruth (US 6494423 B1) teaches an adjustable-length support member, such as a motorcycle kickstand, includes a generally-tubular outer member defining a longitudinal bore with at least one recess formed in a surface of the bore, and an inner member telescopingly received in the longitudinal bore of the outer member including a plurality of recesses.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MORGAN M KNAUF whose telephone number is (703)756-4532. The examiner can normally be reached 8:00 AM -4:30 PM.
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/M.M.K./Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611