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 .
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.
Claim(s) 1-5 and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (KR 10-1905068 B1).
Regarding claim 1, Rathbun teaches a front fork (Fig 1-2) for a bicycle, the front fork comprising:
a leg (Fig 1-3) including a first tube (210) and a second tube (110), the first tube having a first end and a second end opposite the first end (Fig 1-3), the second tube having a third end and a fourth end opposite the third end (Fig 1-3), the first and second tubes configured in a telescopic arrangement (Fig 1-3), the first and second tubes moveable between a fully extended position and a fully compressed position; and
a bumper (710) disposed in the second tube near the fourth end (Fig 3), the bumper to be contacted during a bottoming-out event before the first and second tubes reach the fully compressed positioned, wherein a position of the bumper is adjustable in the second tube (Fig 3).
Regarding claim 2, Song teaches that the second end of the first tube is disposed within the second tube (Fig 3).
Regarding claim 3, Song teaches that the second tube includes a wheel attachment portion extending from the fourth end, the wheel attachment portion to be coupled to a hub on a wheel of the bicycle (Fig 2).
Regarding claim 4, Song teaches a bumper carrier (730) in the second tube, the bumper coupled to the bumper carrier, wherein the bumper carrier is axially moveable to adjust the position of the bumper in the second tube (Fig 3).
Regarding claim 5, Song teaches that an upper portion of the bumper carrier radially constrains the bumper (Fig 3).
Regarding claim 16, Song teaches a front fork for a bicycle (Fig 1-2), the front fork comprising:
a leg including an upper tube (210) and a lower tube (110), the upper tube having a first top end and a first bottom end, the lower tube having a second top end and a second bottom end, the upper and lower tubes configured in a telescopic arrangement with the first bottom end of the upper tube disposed in the lower tube (Fig 3-6);
a bumper (710) disposed in the lower tube near the second bottom end (Fig 3); and
an adjuster pin (730) to cause axial movement of the bumper in the lower tube, wherein the bumper is moveable between a lower-most position (Fig 6) in which a top of the bumper is a first distance from the second bottom end of the lower tube and an upper-most position (Fig 3) in which the top of the bumper is a second distance from the second bottom end of the lower tube, the second distance being greater than the first distance (Fig 3 and 6).
Allowable Subject Matter
Claims 6-15 and 17-20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 6 recites that the bumper carrier is threadably coupled with the body, such that rotation of the bumper carrier causes the bumper carrier and the bumper to move axially in the second tube.
Claim 7 recites that the seal head is configured to contact the bumper during the bottoming-out event such that the bumper is compressed between the seal head and the bumper carrier.
Claim 9 recites an adjuster pin extending through an opening in the fourth end of the second tube, the adjuster pin accessible by a user, wherein rotation of the adjuster pin causes rotation of the bumper carrier.
Claim 15 recites that the bottom-out pad to be engaged by the first tube when the first and second tubes are in the fully compressed position.
Claim 17 recites a bumper carrier disposed in the lower tube, the bumper coupled to the bumper carrier combined with an adjuster pin to cause axial movement of the bumper in the lower tube.
Since the prior art (e.g. Song) teaches fork that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 5A-5B of the examined disclosure shows the bumper, which is different than the bumper taught by the prior art of record (Fig. 3 of Song and Fig. 1 of Rathbun, etc.)
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references noted on the attached PTO-892 form teach bicycle front forks of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSAM SHABARA whose telephone number is (571)272-5495. The examiner can normally be reached M-F 8 am-5 pm.
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/HOSAM SHABARA/Examiner, Art Unit 3618
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