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 .
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 1-17 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 “easily deforming under stress” in line 4. It is unclear what might qualify as “easily” or “stress” in this context. Further, in the last indent, the use of “being” in describing functionality is unclear. Does Applicant intend that when an external force is exerted, the parts displace/compress as claimed?
In claim 2, “to provide cushioning…” is unclear. Is this language directed to the guide part or the cushion body? Further, what is “restoring” elasticity for the sitting part intended to convey?
Claim 3 recites “according to a position of the first end portion.” It is unclear how this is intended to be interpreted.
Claim 9 recites “a guide hole corresponding to a position of the first end portion” and “a guide rod corresponding to a position of the second end portion.” As these elements (guide hole and guide rod, respectively) appear to be associated with end portions opposite those claimed, the language is unclear and/or misdescriptive.
Claims 2-17 are deemed indefinite because they are dependent on an indefinite claim.
Claim Rejections - 35 USC §§ 102, 103
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.
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) 1-9 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sung (US Patent Application Publication Number 2019/0291801).
Regarding claim 1, Sung discloses a bicycle saddle comprising: a rail straight section (at least a portion of 2); a sitting part (1) separated from the rail straight section; a buffer part (4) having at least one cushion body capable of easily deforming under stress (this is the general arrangement at least as best understood), and the cushion body being located between the rail straight section and the sitting part (see figures); and a guide part (at least 5, 15) provided between the rail straight section and the sitting part, when an external force being exerted on the sitting part, the sitting part being guided by the guide part to displace from a first position to a second position along an actuation direction toward the rail straight section, and the cushion body being compressed by the sitting part to cause recoverable deformation (this is the general manner of operation).
Regarding claim 2, Sung further discloses the cushion body is located on a path defined by an actuation stroke of the sitting part between the first position and the second position guided by the guide part to provide cushioning and restoring elasticity for the sitting part (at least as best understood).
Regarding claim 3, Sung further discloses at least one first end portion (adjacent 15 for instance) disposed on a side of the sitting part facing the rail straight section; at least one second end portion (adjacent 31 for instance) disposed on a side of the rail straight section facing the sitting part according to a position of the first end portion and along an extension direction of the path (at least as best understood; see figures); and the cushion body having a first end face and a second end face opposite to each other, the cushion body being located between the first end portion and the second end portion, the first end face of the cushion body being partially abutted against the first end portion, and the second end face of the cushion body being partially abutted against the second end portion (see Figure 9 for instance showing 4 with faces abutted against the ends).
Regarding claim 4, Sung further discloses the cushion body comprises a buffer layer (a sidewall of 4 for instance), and the first end face and the second end face are respectively located on two opposite sides of the buffer layer.
Regarding claim 5, Sung further discloses the cushion body comprises an air bag, and the first end face and the second end face are respectively located on two opposite outer surfaces of the air bag (as in the embodiment of Figure 9 for instance).
Regarding claims 6-8, Sung further discloses a material of the cushion body is urethane, silicone or thermoplastic polyurethane (at least thermoplastic polyurethane is disclosed as a material for 4/42).
Regarding claim 9, Sung further discloses the guide part has at least one guide unit (a grouping 5, 15), the guide unit comprises: a guide hole (at 31) corresponding to a position of the first end portion (at least inasmuch as in the invention) and penetrating the rail straight section along the actuation direction (at least capable of such function in use; see at least Figure 9); and a guide rod (of 15 for instance) corresponding to a position of the second end portion (at least inasmuch as in the invention) and disposed on a side of the sitting part facing the rail straight section, and extending a predetermined length along the actuation direction toward the rail straight section to insert into the guide hole to slide therein to limit the actuation stroke of the sitting part between the first position and the second position (this would be the general manner of operation).
Regarding claim 12, Sung further discloses the sitting part comprises: two plates (the ring-shaped portions surrounding 15) spaced apart from each other by a predetermined distance; and a nose (a forward portion) bridged between the two plates.
Claim(s) 10, 11, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Sung.
Regarding claim 10, Sung discloses a saddle as explained above and further discloses the guide rod has a tube body (see figures) with an internal thread formed on an inner wall surface thereof; a fastener (5) is inserted into the guide hole from a side of the rail straight section not facing the sitting part, and is threadedly connected with the internal thread of the tube body to connect the sitting part with the rail straight section (see figures; this is the general arrangement and, while not described explicitly, a fastener as shown is viewed as at least inherently providing the threaded connection as claimed). While Sung is thus viewed as disclosing the limitations as set forth, the disclosure of threads and a threaded connection may not be explicit. However, such connections are old and well-known and it accordingly would have been obvious to one of ordinary skill in the art before the effective filing date to provide a threaded hole and threaded connection for a fastener arrangement as claimed because this could ensure a simple and positive connection for user safety and comfort.
Regarding claim 11, Sung further discloses the sitting part comprises: two plates (the ring-shaped portions surrounding 15) spaced apart from each other by a predetermined distance; and a nose (a forward portion) bridged between the two plates.
Regarding claim 15, Sung further discloses the sitting part further comprises a peripheral wall provided at peripheries of the plates and the nose and extending a predetermined length along the actuation direction toward the rail straight section (see at least Figure 3 showing such a depending peripheral wall), the peripheral wall, the plates and the nose define an accommodation space, and the cushion body is configured according to a contour of the sitting part to be accommodated in the accommodation space (this is the general arrangement; again see figures).
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung. Sung discloses and/or renders obvious a saddle as explained above but does not disclose three end portions/guide units/cushion bodies. Sung does disclose two end portions/guide units/cushion bodies arranged at the plates, and duplication and rearrangement of components requires only routine skill in the art. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide end portions, guide units, and cushion bodies as claimed based on normal variation to improve user comfort and support (note that the positioning is well-known; see at least US 6578834 for instance).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung in view of Yu (US Patent Application Publication Number 2017/0113748). Sung discloses a saddle as explained above but does not disclose the particular materials claimed. The use of such materials is well-known as shown by Yu who discloses a related device including a sitting part is composed of carbon fiber and thermoplastic resin, the thermoplastic resin is selected from at least one or a combination of a group consisting of polyamide, polypropylene, polyphenylene sulfide, polycarbonate and thermoplastic polyurethane (see at least paragraph 16). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide materials as taught by Yu in Sung’s device because this could improve comfort, safety, or performance for various users.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sung in view of DeGoiler (GB 2598169; copy attached). Sung discloses a saddle as explained above including the rail straight section having a rail but does not disclose the particular materials claimed. The use of such materials is well-known as shown by DeGoiler who discloses a related device including a rail selected from at least one or a combination of a group consisting of dry winding carbon fiber and thermoplastic carbon fiber (see at least lines 14-19 of page 6; note that common carbon fiber as disclosed is viewed as thermoplastic carbon fiber). Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to provide materials as taught by DeGoiler in Sung’s device because this could improve comfort, safety, or performance for various users.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure because it shows various related saddle devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PHILIP F GABLER whose telephone number is (571)272-2155. The examiner can normally be reached Mon-Fri 8:00 - 4:30.
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/PHILIP F GABLER/Primary Examiner, Art Unit 3636