DETAILED ACTION
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 .
Status of the Claims
This action is in response to the Applicant’s filing on November 4, 2025. Claims 1-10 and 19-20 are pending and examined below.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 19 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. 18/884,284 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because all of the limitations of claims 1 and 19 of the instant application are disclosed by claims of Application No. 18/884,284.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 1, 18/884,284 discloses:
identifying, by a processor, a first gear shift command, a source of the first gear shift command being the processor or another processor (identifying, by a processor, a first gear shift command, a source of the first gear shift command being a control device of the bicycle - claim 1);
determining, by the processor, a first shift direction based on the first gear shift command (determining, by the processor, a first shift direction based on the first gear shift command - claim 1);
initiating, by the processor, a shift of the bicycle in the first shift direction, from a first gear to a second gear, based on the first gear shift command (initiating, by the processor, a first shift of the bicycle in the first shift direction based on the first gear shift command - claim 1);
identifying, by the processor, a second gear shift command, a source of the second gear shift command being a control device of the bicycle, the second gear shift command being after the first gear shift command (identifying, by the processor, a second gear shift command, a source of the second gear shift command being the processor or another processor, the second gear shift command being after the first gear shift command - claim 1);
determining, by the processor, a time period between the identifying of the first gear shift command and the identifying of the second gear shift command (determining, by the processor, a time period between the identifying of the first gear shift command and the identifying of the second gear shift command - claim 1);
comparing, by the processor, the determined time period to a predetermined time period (comparing, by the processor, the determined time period to a predetermined time period - claim 1); and
controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in a second direction, at least back to the first gear, when, based on the comparing, the determined time period is less than the predetermined time period, the second direction being opposite the first direction (when, based on the comparing, the determined time period is less than the predetermined time period: initiating, by the processor, a shift of the bicycle in the second shift direction when the second shift direction and the first shift direction are a same shift direction - claim 1).
Regarding claim 19, 18/884,284 discloses:
An electronic component of a bicycle, the electronic component comprising: a processor configured to (processor – claim 1):
identify a first gear shift command, a source of the first gear shift command being the processor or another processor (identifying, by a processor, a first gear shift command, a source of the first gear shift command being a control device of the bicycle - claim 1);
determine a first shift direction based on the first gear shift command (determining, by the processor, a first shift direction based on the first gear shift command - claim 1);
initiate a shift of the bicycle in the first shift direction, from a first gear to a second gear, based on the first gear shift command (initiating, by the processor, a first shift of the bicycle in the first shift direction based on the first gear shift command - claim 1);
identify a second gear shift command, a source of the second gear shift command being a control device of the bicycle, the second gear shift command being after the first gear shift command (identifying, by the processor, a second gear shift command, a source of the second gear shift command being the processor or another processor, the second gear shift command being after the first gear shift command - claim 1);
determine a time period between the identification of the first gear shift command and the identification of the second gear shift command (determining, by the processor, a time period between the identifying of the first gear shift command and the identifying of the second gear shift command - claim 1);
compare the determined time period to a predetermined time period (comparing, by the processor, the determined time period to a predetermined time period - claim 1); and
control the electronic shifting of the bicycle, such that the bicycle shifts in a second direction, at least back to the first gear, when, based on the comparison, the determined time period is less than the predetermined time period, the second direction being opposite the first direction (when, based on the comparing, the determined time period is less than the predetermined time period: initiating, by the processor, a shift of the bicycle in the second shift direction when the second shift direction and the first shift direction are a same shift direction - claim 1).
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.
Claims 1-3, 7, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. US 2022/0388603 by Hahn (herein after “Hahn”), in view of U.S. Patent Application Publication No. US 2023/0014867 by Hamed (herein after “Hamed”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 1, Hahn discloses a method for controlling electronic shifting of a bicycle, the method comprising:
identifying, by a processor (Hahn: system control device 150 in Fig. 9), a first gear shift command, a source of the first gear shift command being the processor or another processor (Hahn ¶ [0075]: In act 402, the system control device (e.g., the system control device 150) identifies a gear shift command. In one embodiment, identifying the gear shift command includes the system control device generating the gear shift command based on the measured cadence being outside the cadence band or receiving a control signal from a control mechanism of a manual control device (e.g., either shift button; manual shift control device 142 of FIG. 1));
determining, by the processor (Hahn: system control device 150 in Fig. 9), a first shift direction based on the first gear shift command (Hahn ¶ [0076]: the system control device determines a type of the gear shift command. For example, the system control device determines, based on the identified gear shift command (e.g., data within the identified gear shift command), a shift direction (e.g., a direction a motor for shifting is to turn), a number of shifts (e.g., an amount of time the motor is turned on), a source of the gear shift command, or any combination thereof);
initiating, by the processor (Hahn: system control device 150 in Fig. 9), a shift of the bicycle in the first shift direction, from a first gear to a second gear, based on the first gear shift command (Hahn ¶ [0107]: In act 408, the system control device generates a gear shift command based on the comparison in act 406 (e.g., when the determined cadence is outside the adjusted cadence band). If, based on the comparison, the determined cadence is less than the lower cadence limit of the adjusted cadence band, the system control device may generate a gear shift command for an inboard gear shift (e.g., to an easier gear); if, based on the comparison, the determined cadence is greater than the upper cadence limit of the adjusted cadence band, the system control device may generate a gear shift command for an outboard gear shift (e.g., to a harder gear));
identifying, by the processor (Hahn: system control device 150 in Fig. 9), a second gear shift command, a source of the second gear shift command being a control device of the bicycle (Hahn ¶ [0075]: In act 402, the system control device (e.g., the system control device 150) identifies a gear shift command. In one embodiment, identifying the gear shift command includes the system control device generating the gear shift command based on the measured cadence being outside the cadence band or receiving a control signal from a control mechanism of a manual control device (e.g., either shift button; manual shift control device 142 of FIG. 1)), the second gear shift command being after the first gear shift command (Hahn ¶ [0096]: the system control device may determine, based on the identified gear shift command, that the source of the gear shift command is the control mechanism of the manual control device (e.g., a shifter or shifting device). The rider may, for example, request a manual override shift, and the system control device prevents a shift back to the gear from which the bicycle was shifted by adjusting the lower cadence limit and/or the upper cadence limit);
controlling, by the processor (Hahn: system control device 150 in Fig. 9), the electronic shifting of the bicycle, such that the bicycle shifts in a second direction, at least back to the first gear, (Hahn ¶ [0039]: In riding scenarios such as when the rider is dumping gears when riding downhill, when the rider is preparing for a climb, and wheelies, for example, a manual override shift may be executed outside of the automatic shifting algorithm; Hahn ¶ [0096]: the system control device may determine, based on the identified gear shift command, that the source of the gear shift command is the control mechanism of the manual control device (e.g., a shifter or shifting device). The rider may, for example, request a manual override shift, and the system control device prevents a shift back to the gear from which the bicycle was shifted by adjusting the lower cadence limit and/or the upper cadence limit).
It is noted Hahn fails to particularly disclose determining, by the processor, a time period between the identifying of the first gear shift command and the identifying of the second gear shift command; comparing, by the processor, the determined time period to a predetermined time period; and controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in a second direction, at least back to the first gear, when, based on the comparing, the determined time period is less than the predetermined time period, the second direction being opposite the first direction.
However, Hamed, in the same field of endeavor, teaches determining, by the processor, a time period between the identifying of the first gear shift command and the identifying of the second gear shift command; comparing, by the processor, the determined time period to a predetermined time period (Hamed ¶ [0071]: the second condition arising when the rider desires to modify last automatic shift conducted by control system 14 with the rider within an arbitrary selected time of 2 seconds of the automatic shift depressing the shift up button 244 or the shift down button 245 to force control system 14 to undo last automatic shift); and
controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in a second direction, at least back to the first gear, when, based on the comparing, the determined time period is less than the predetermined time period, the second direction being opposite the first direction (Hamed ¶ [0071]: the second condition arising when the rider desires to modify last automatic shift conducted by control system 14 with the rider within an arbitrary selected time of 2 seconds of the automatic shift depressing the shift up button 244 or the shift down button 245 to force control system 14 to undo last automatic shift). Examiner interprets the system of Hamed to teach a first gear shift command (the last automatic shift) and a second gear shift command (the depressing of a shift up or down button). The system of Hamed implicitly determines a time period between the gear shift commands and compares the time period to a predetermined threshold (the arbitrarily selected time of 2 seconds) to determine if the last automatic shift should be undone.
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bicycle control system of Hahn to include the manual shift within a time period to undo a last automatic shift of Hamed. A person of ordinary skill in the art would be motivated to make this modification in order to permit a rider to achieve an optimal drivetrain ratio thereby facilitating comfortable pedaling rates and efforts thereof depending on rider preference (Hamed ¶ [0004]).
Regarding claim 2, Hahn discloses wherein identifying the first gear shift command comprises generating, by the processor, the first gear shift command based on an automatic shifting algorithm (Hahn ¶ [0036]: For bicycle transmissions that utilize electronic shifting, as cadence increases, a controller running an automatic shifting algorithm initiates a gear shift from a first gear to a second gear when the cadence is outside of a cadence band; Fig. 3 and 4).
Regarding claim 3, Hahn discloses further comprising adjusting, by the processor, a cadence range of the automatic shifting algorithm based on the first shift direction (Hahn ¶ [0038]: An amount of the change in the cadence hysteresis band and/or a decay time back to the original pre-shift value may be based on a type of the gear shift. The type of gear shift may be defined by a shift direction, which gear is being shifted from, which gear is being shifted to, a number of shifts, and/or a source of a gear shift command. The value of the cadence hysteresis band may vary depending on which gear the rider is in, and/or may be individually set by the rider or may be automatically determined after a number of back and forth shifts occur and are detected as a function of dithering).
Regarding claim 7, the combination of Hahn and Hamed discloses wherein the controlling comprises controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts at least two gears, to a third gear beyond the first gear, in the second direction (Hahn ¶ [0095]: the system control device may determine, based on the identified gear shift command, that the number of shifts at one time is two or more. For example, the identified gear shift command may instruct the rear derailleur to shift from the first gear to a third gear. The second gear may be immediately outboard relative to the first gear, and the third gear may be immediately outboard relative to the second gear) when, based on the comparing, the determined time period is less than the predetermined time period (Hamed ¶ [0071]: the second condition arising when the rider desires to modify last automatic shift conducted by control system 14 with the rider within an arbitrary selected time of 2 seconds of the automatic shift depressing the shift up button 244 or the shift down button 245 to force control system 14 to undo last automatic shift).
Claim 19 recites analogous limitations to claim 1, above, and is therefore rejected on the same premise.
Regarding claim 20, the combination of Hahn and Hamed discloses wherein the electronic component is a rear derailleur (Hahn ¶ [0042]: A system control device may be configured so as to be integrated, or coupled, with a bicycle to control bicycle components. The system control device may interface with electromechanically controlled bicycle components so as to trigger an action, such as shifting a rear gear; Hahn ¶ [0048]: As shown in FIG. 1, the system control device 150 is integrated into the rear derailleur 124).
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. US 2022/0388603 by Hahn (herein after “Hahn”), in view of U.S. Patent Application Publication No. US 2023/0014867 by Hamed (herein after “Hamed”), further in view of U.S. Patent Application Publication No. US 2024/0351663 by Tasoniero (herein after “Tasoniero”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 4, the combination of Hahn and Hamed discloses wherein identifying the second gear shift command comprises receiving, by the processor, the second gear shift command from the control device of the bicycle in response to a user input at an input device of the control device of the bicycle (Hahn ¶ [0075]: In act 402, the system control device (e.g., the system control device 150) identifies a gear shift command. In one embodiment, identifying the gear shift command includes the system control device generating the gear shift command based on the measured cadence being outside the cadence band or receiving a control signal from a control mechanism of a manual control device (e.g., either shift button; manual shift control device 142 of FIG. 1)),
wherein the controlling further comprises controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in either the first direction or the second direction (Hahn ¶ [0039]: In riding scenarios such as when the rider is dumping gears when riding downhill, when the rider is preparing for a climb, and wheelies, for example, a manual override shift may be executed outside of the automatic shifting algorithm; Hahn ¶ [0096]: the system control device may determine, based on the identified gear shift command, that the source of the gear shift command is the control mechanism of the manual control device (e.g., a shifter or shifting device). The rider may, for example, request a manual override shift, and the system control device prevents a shift back to the gear from which the bicycle was shifted by adjusting the lower cadence limit and/or the upper cadence limit) (Hamed ¶ [0070]: shift up override button 244 and shift down override button 245 used to immediately force shifting up or down of speeds defined in window 225 in “Programming Mode” screen 204; Hamed ¶ [0071]: the second condition arising when the rider desires to modify last automatic shift conducted by control system 14 with the rider within an arbitrary selected time of 2 seconds of the automatic shift depressing the shift up button 244 or the shift down button 245 to force control system 14 to undo last automatic shift; Fig. 16). Examiner interprets the system of Hamed to immediately force a shift up or down when a shift up or down override button is used outside of the arbitrary selected time of 2 seconds. Conversely, when the shift up or down buttons are used within the arbitrary selected time of 2 seconds the system of Hamed will instead undo the last automatic shift.
It is noted the combination of Hahn and Hamed fails to particularly disclose wherein the method further comprises determining a length of the user input, the length of the user input identifying an amount of time of user interaction with the input device of the shifting device of the bicycle, and wherein the controlling further comprises controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in either the first direction or the second direction based on a length of the user input.
However, Tasoniero, in the same field of endeavor, teaches wherein the method further comprises determining a length of the user input, the length of the user input identifying an amount of time of user interaction with the input device of the shifting device of the bicycle (Tasoniero ¶ [0154]-[0155]: i) receiving, block 202, a user (in particular, the cyclist) input electric signal, obtained from actuation of a single switch (for example one of the switches 54) of a user interface 30 comprising a plurality of switches, ii) generating, block 204, a command signal for a single electric device (for example one of the derailleurs 14, 16) based both on a comparison among an operating time and, at least, a first predetermined time threshold and a predetermined second time threshold, and on the actuated switch, wherein the operating time is associated with the duration of actuation of the switch 54; Fig. 3), and
wherein the controlling further comprises controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in either the first direction or the second direction based on a length of the user input (Tasoniero ¶ [0172]: For example, the comparatively short actuation 90 of the single switch 54 (54R, 54L) corresponds to a gearshifting signal of the rear derailleur 14, for example to the upshift signal RU of the rear derailleur 14 with the right manual control device 32 and the downshift signal RD of the rear derailleur 14 with the left manual control device 34; the comparatively long actuation 92 of the single switch 54 (54R, 54L) corresponds to a gearshifting signal of the front derailleur 16, for example to the downshift signal FD of the front derailleur 16 with the right manual control device 32 and the upshift signal FU of the front derailleur 16 with the right manual control device 34; Tasoniero ¶ [0093]: The subject-matter disclosed herein also relates to a bicycle electronic gearshift comprising a single derailleur and, as far as issue of gearshifting commands in the two directions of the derailleur is concerned, only one single manual actuation member actuating only a single switch, wherein the actuation of the manual actuation member in the same oriented direction in two different modes entails the issue of the gearshifting commands in the two directions).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bicycle control system of Hahn modified by the manual shift within a time period to undo a last automatic shift of Hamed to further include the immediate manual shift override outside a time period of Hamed and the manual control devices with two gear shift commands based on length of a user input of Tasoniero. A person of ordinary skill in the art would be motivated to make this modification in order to permit a rider to achieve an optimal drivetrain ratio thereby facilitating comfortable pedaling rates and efforts thereof depending on rider preference (Hamed ¶ [0004]) and to efficiently control a bicycle electronic system by providing a user interface which is simple and inexpensive (Tasoniero ¶ [0023]-[0024]).
Regarding claim 5, Hahn discloses wherein the input device of the control device is a button or a lever (Hahn ¶ [0046]: One or more manual shift control devices 142 (e.g. buttons or levers) may be used with the bicycle. The manual shift control devices 142 are configured to actuate or otherwise control components of the bicycle 100), and wherein the input device is the only input device of the control device (Hahn ¶ [0111]: the bicycle control system 900 includes at least one manual control device 142 including a control mechanism for generating a control signal to control at least one bicycle component 908A).
Regarding claim 6, the combination of Hahn, Hamed, and Tasoniero discloses wherein the user input is a first user input at the input device of the control device, and wherein the method further comprises:
identifying, by the processor, a third gear shift command, the third gear shift command being after the second gear shift command, a source of the third gear shift command being the processor (Hahn ¶ [0075]: In act 402, the system control device (e.g., the system control device 150) identifies a gear shift command. In one embodiment, identifying the gear shift command includes the system control device generating the gear shift command based on the measured cadence being outside the cadence band or receiving a control signal from a control mechanism of a manual control device (e.g., either shift button; manual shift control device 142 of FIG. 1));
determining, by the processor, a shift direction of the third gear shift command, the shift direction of the third gear shift command being the second direction (Hahn ¶ [0076]: the system control device determines a type of the gear shift command. For example, the system control device determines, based on the identified gear shift command (e.g., data within the identified gear shift command), a shift direction (e.g., a direction a motor for shifting is to turn), a number of shifts (e.g., an amount of time the motor is turned on), a source of the gear shift command, or any combination thereof);
initiating, by the processor, a shift of the bicycle in the second direction, from the first gear to a third gear, based on the third gear shift command (Hahn ¶ [0107]: In act 408, the system control device generates a gear shift command based on the comparison in act 406 (e.g., when the determined cadence is outside the adjusted cadence band). If, based on the comparison, the determined cadence is less than the lower cadence limit of the adjusted cadence band, the system control device may generate a gear shift command for an inboard gear shift (e.g., to an easier gear); if, based on the comparison, the determined cadence is greater than the upper cadence limit of the adjusted cadence band, the system control device may generate a gear shift command for an outboard gear shift (e.g., to a harder gear));
receiving, by the processor, a fourth gear shift command from the control device of the bicycle in response to a second user input at the same input device of the control device of the bicycle (Hahn ¶ [0075]: In act 402, the system control device (e.g., the system control device 150) identifies a gear shift command. In one embodiment, identifying the gear shift command includes the system control device generating the gear shift command based on the measured cadence being outside the cadence band or receiving a control signal from a control mechanism of a manual control device (e.g., either shift button; manual shift control device 142 of FIG. 1)), the fourth gear shift command being after the third gear shift command (Hahn ¶ [0096]: the system control device may determine, based on the identified gear shift command, that the source of the gear shift command is the control mechanism of the manual control device (e.g., a shifter or shifting device). The rider may, for example, request a manual override shift, and the system control device prevents a shift back to the gear from which the bicycle was shifted by adjusting the lower cadence limit and/or the upper cadence limit);
determining, by the processor, a time period between the identifying of the third gear shift command and the receiving of the fourth gear shift command; comparing, by the processor, the determined time period between the identifying of the third gear shift command and the receiving of the fourth gear shift command to the predetermined time period (Hamed ¶ [0071]: the second condition arising when the rider desires to modify last automatic shift conducted by control system 14 with the rider within an arbitrary selected time of 2 seconds of the automatic shift depressing the shift up button 244 or the shift down button 245 to force control system 14 to undo last automatic shift); and
controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in the first direction, at least back to the first gear, when, based on the comparing, the determined time period between the identifying of the third gear shift command and the receiving of the fourth gear shift command is less than the predetermined time period (Hamed ¶ [0071]: the second condition arising when the rider desires to modify last automatic shift conducted by control system 14 with the rider within an arbitrary selected time of 2 seconds of the automatic shift depressing the shift up button 244 or the shift down button 245 to force control system 14 to undo last automatic shift). Examiner interprets the time period between the identifying of the first gear shift command and the identifying of the second gear shift command of claim 1 to have been less than the predetermined time period or greater than the predetermined time period with the second gear shift command being in the second direction otherwise the third gear shift command could not be from a first gear to a third gear. As shown in claim 1, the combination of Hahn and Hamed discloses a system that controls the electronic shifting of a bicycle based on the last received manual shift initiated by a user input. As an example, when a first automatic shift from a first gear to a second gear is initiated and a second manual shift is received within a time period of 2 seconds, the system will undo the last automatic shift or shift the bicycle back to a first gear. If, after the second manual shift, a third automatic shift from a first gear to a third gear is initiated and a fourth manual shift is received within a time period of 2 seconds, the system will again undo the last automatic shift or shift the bicycle back to a first gear.
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bicycle control system of Hahn modified by the manual shift within a time period to undo a last automatic shift and the immediate manual shift override outside a time period of Hamed and the manual control devices with two gear shift commands based on length of a user input of Tasoniero to explicitly include the undoing of a last automatic shift when a manual shift is received within a time period of Hamed. A person of ordinary skill in the art would be motivated to make this modification in order to permit a rider to achieve an optimal drivetrain ratio thereby facilitating comfortable pedaling rates and efforts thereof depending on rider preference (Hamed ¶ [0004]).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. US 2022/0388603 by Hahn (herein after “Hahn”), in view of U.S. Patent Application Publication No. US 2023/0014867 by Hamed (herein after “Hamed”), further in view of U.S. Patent Application Publication No. US 2013/0096783 by Cheng (herein after “Cheng”).
Note: Text written in bold typeface is claim language from the instant application. Text written in normal typeface are comments made by the Examiner and/or passages from the prior art reference(s).
Regarding claim 8, the combination of Hahn and Hamed discloses wherein the predetermined time period is a first predetermined time period,
wherein the controlling comprises controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in the second direction, at least back to the first gear, (Hahn ¶ [0039]: In riding scenarios such as when the rider is dumping gears when riding downhill, when the rider is preparing for a climb, and wheelies, for example, a manual override shift may be executed outside of the automatic shifting algorithm; Hahn ¶ [0096]: the system control device may determine, based on the identified gear shift command, that the source of the gear shift command is the control mechanism of the manual control device (e.g., a shifter or shifting device). The rider may, for example, request a manual override shift, and the system control device prevents a shift back to the gear from which the bicycle was shifted by adjusting the lower cadence limit and/or the upper cadence limit) when:
based on the comparing of the determined time period to the first predetermined time period, the determined time period is less than the first predetermined time period (Hamed ¶ [0071]: the second condition arising when the rider desires to modify last automatic shift conducted by control system 14 with the rider within an arbitrary selected time of 2 seconds of the automatic shift depressing the shift up button 244 or the shift down button 245 to force control system 14 to undo last automatic shift).
It is noted the combination of Hahn and Hamed fails to particularly disclose wherein the method further comprises comparing, by the processor, the determined time period to a second predetermined time period, and wherein the controlling comprises controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in the second direction, at least back to the first gear, when: based on the comparing of the determined time period to the second predetermined time period, the determined time period is greater than the second predetermined time period.
However, Cheng, in the same field of endeavor, teaches wherein the method further comprises comparing, by the processor, the determined time period to a second predetermined time period (Cheng ¶ [0031]: after the cyclist has switched the microcomputer 21 to the automatic gear shifting mode, if the microcomputer 21 determines to perform gear shifting according to the automatic gear shifting logic while cycling is underway, the microcomputer 21 will instruct the gear shifting driver 31 to drive the derailleur 91 to perform gear shifting. The microcomputer 21 will rule out all other gear shifting commands during the second time period T2 (of 0.2 second); Examiner interprets the second time period to be a second predetermined time period which the system of Cheng implicitly compares to a determined time period between an automatic shift and a subsequent gear shift as a condition for initiating the subsequent gear shift.), and
wherein the controlling comprises controlling, by the processor, the electronic shifting of the bicycle, such that the bicycle shifts in the second direction, at least back to the first gear, (Cheng ¶ [0023]: The manual shifting controller 41 is electrically connected to the microcomputer 21. The cyclist performs gear shift control manually by means of the manual shifting controller 41; Cheng ¶ [0025]: The microcomputer 21 has an automatic gear shifting logic whereby the microcomputer 21 determines the timing of automatic gear shifting and performs gear shifting; Cheng ¶ [0043]: after the cyclist has switched the microcomputer 21 to the automatic gear shifting mode, if the cyclist executes an instruction of manual gear shifting with the manual shifting controller 41 while cycling, the microcomputer 21 will instruct the gear shifting driver 31 to drive the derailleur 91 to perform gear shifting) when:
based on the comparing of the determined time period to the second predetermined time period, the determined time period is greater than the second predetermined time period (Cheng ¶ [0031]: after the cyclist has switched the microcomputer 21 to the automatic gear shifting mode, if the microcomputer 21 determines to perform gear shifting according to the automatic gear shifting logic while cycling is underway, the microcomputer 21 will instruct the gear shifting driver 31 to drive the derailleur 91 to perform gear shifting. The microcomputer 21 will rule out all other gear shifting commands during the second time period T2 (of 0.2 second); Examiner interprets the system of Cheng to initiate a second gear shift command when the command occurs outside of the time period T2 after a previous automatic gear shift command).
It is further noted that Cheng does not explicitly describe the above elements in a single embodiment. However, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cheng to combine the disclosed elements according to known methods to yield predictable results in order to create a comprehensive system that incorporates a delay time interval during which the system will rule out all other gear shifting commands and allows for manual shifting in an automatic gear shifting mode. A person of ordinary skill in the art would be motivated to make this modification in order to avoid frequent gear shifting and reciprocating gear shift movement which alternates between an upshift and a downshift (Cheng ¶ [0008] & [0009]).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bicycle control system of Hahn modified by the manual shift within a time period to undo a last automatic shift of Hamed to further include the delay time interval for ruling out a gear shift command of Cheng. A person of ordinary skill in the art would be motivated to make this modification in order to avoid frequent gear shifting and reciprocating gear shift movement which alternates between an upshift and a downshift (Cheng ¶ [0008] & [0009]).
Regarding claim 9, the combination of Hahn, Hamed, and Cheng discloses wherein the controlling further comprises ignoring, by the processor, the second gear shift command when, based on the comparing of the determined time period to the second predetermined time period, the determined time period is less than the second predetermined time period (Cheng ¶ [0031]: after the cyclist has switched the microcomputer 21 to the automatic gear shifting mode, if the microcomputer 21 determines to perform gear shifting according to the automatic gear shifting logic while cycling is underway, the microcomputer 21 will instruct the gear shifting driver 31 to drive the derailleur 91 to perform gear shifting. The microcomputer 21 will rule out all other gear shifting commands during the second time period T2 (of 0.2 second); Examiner interprets the system of Cheng to ignore a second gear shift command when the command occurs within the time period T2 after a previous automatic gear shift command).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bicycle control system of Hahn modified by the manual shift within a time period to undo a last automatic shift of Hamed and the delay time interval for ruling out a gear shift command of Cheng to explicitly include ignoring gear shift commands received within the delay time interval of Cheng. A person of ordinary skill in the art would be motivated to make this modification in order to avoid frequent gear shifting and reciprocating gear shift movement which alternates between an upshift and a downshift (Cheng ¶ [0008] & [0009]).
Regarding claim 10, the combination of Hahn, Hamed, and Cheng discloses further comprising ignoring any additional gear shift commands from the processor for a third predetermined time period after the identifying of the second gear shift command (Cheng ¶ [0041]: The gear shifting delay logic involves delaying for a fifth time period T5 from commencement of gear shifting when the cyclist executes an instruction of manual gear shifting with the manual shifting controller 41 in the automatic gear shifting mode, wherein, during the fifth time period T5, the microcomputer 21 rules out all other determinations of automatic gear shifting).
It is noted that Cheng does not explicitly describe the above elements in a single embodiment. However, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify Cheng to combine the disclosed elements according to known methods to yield predictable results in order to create a comprehensive system that incorporates a first delay time interval during which the system will rule out all other gear shifting commands, including manual shifting in an automatic gear shifting mode, and ignore all automatic gear shift commands during a second delay time interval . A person of ordinary skill in the art would be motivated to make this modification in order to avoid frequent gear shifting and reciprocating gear shift movement which alternates between an upshift and a downshift (Cheng ¶ [0008] & [0009]).
Therefore, given the teachings as a whole, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bicycle control system of Hahn modified by the manual shift within a time period to undo a last automatic shift of Hamed and the delay time interval for ignoring a gear shift command of Cheng to further include the second delay time interval for ignoring automatic shifts after a manual gear shift while in an automatic gear shifting mode of Cheng. A person of ordinary skill in the art would be motivated to make this modification in order to avoid frequent gear shifting and reciprocating gear shift movement which alternates between an upshift and a downshift (Cheng ¶ [0008] & [0009]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS P LANGHORNE whose telephone number is (571)272-5670. The examiner can normally be reached M-F 8:30-5:30.
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, Anne Antonucci can be reached at (313) 446-6519. 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.
/N.P.L./Examiner, Art Unit 3666
/ANNE MARIE ANTONUCCI/Supervisory Patent Examiner, Art Unit 3666