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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the spring cavity fill port in paragraph 0061 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of Applicant’s invention on page 1 of Applicant’s specification reads, “Fork Chassis Air Bleed”, which should be changed to “Fork Chassis Air Bleeder”. The title of Applicant’s invention in the Application Data Sheet and Oath reads, “Fork Chassis Air Bleeder”. Appropriate correction is required.
Claim Objections
Claims 1, 5, 6, 7, 13, and 17 are objected to because of the following informalities:
Claim 1, line 7: "…move relative the linearly…" should be changed to "…move relative to the linearly…"
Claim 5, line 2: “…from linearly fixed tube…” should be changed to “…from the linearly fixed tube…”
Claim 6, line 1: “…the air bleed assembly includes…” should be changed to “…the air bleed assembly further includes…”
Claim 7, lines 1 – 2: “…a circumference further comprising…” should be changed to “…a circumference comprising…”, and in line 4: “…and valve body…” should be changed to “…and the valve body…”
Claim 13, line 2: “…and wherein valve body…” should be changed to “…and wherein the valve body…”
Claim 17, lines 2 – 3: “…and main bleed seal…” should be changed to “…and the main bleed seal…”
Appropriate correction is required.
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.
Claims 9, 10, and 12 – 18 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.
Regarding claim 9, which recites the limitation “the chassis crown” in lines 2 and 3. There is insufficient antecedent basis for this limitation in the claim.
Regarding claims 12 – 18, the phrase “The bicycle air bleed system” in the preamble of these claims renders them indefinite because they lack clear antecedent basis as parent claim 11 introduces “A bicycle air bleed assembly”.
Regarding claim 13, which recites the limitation, “the upper portion” in line 1. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 16, which recites the limitation “the pressure” in line 3. There is insufficient antecedent basis for this limitation in the claim.
Any claim not specifically addressed under 112(b) is rejected as being dependent on a claim rejected under 112(b).
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.
Claims 1, 2, 5 – 7, 11 – 14, 17, and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by McAndrews et al (US 2016/0297498 A1), hereinafter McAndrews.
In regard to claim 1, McAndrews discloses [an air bleed system] (Fig. 4; paragraphs 0046 and 0064), comprising:
[a fork 50 including a linearly fixed component (58, 80), wherein the linearly fixed component includes a linearly fixed tube 80] (Fig. 2; paragraphs 0038 & 0040; the linearly fixed component (58, 80) is understood as being linearly fixed relative to element 56 in Fig. 2);
[a linearly moving component (82, 88) including a linearly moving tube 82, wherein the linearly moving tube extends downwardly from the linearly fixed tube, wherein a proximal end (PE, Annotated Fig. 2, below) of the linearly moving tube slidingly engages with the linearly fixed tube, wherein the linearly moving tube is configured to linearly move relative the linearly fixed component] (Ann. Fig. 2; paragraph 0040), and wherein [a distal end 90 of the linearly moving tube is configured to retain a wheel 24] (Fig. 1; Ann. Fig. 2; paragraphs 0038 – 0040);
[an internal cavity defined internal to the linearly fixed tube and/or the linearly moving tube] (the internal cavity is understood as a hollow interior of the linearly fixed tube and/or the linearly moving tube and is at least partially defined by reference character 64 in Fig. 3); and
[an air bleed assembly (60, 61) located at the linearly fixed component] (Figs. 3 – 5; paragraph 0047), wherein [the air bleed assembly is configured to selectively place the internal cavity in fluid communication with an external atmosphere in response to the air bleed assembly being in an open configuration] (Figs. 4 & 5; paragraphs 0043 & 0053, the open configuration is, e.g., when element 62 is removed, as illustrated in Fig. 5 and disclosed in paragraph 0043, to allow access to the air bleed assembly. Once element 62 is removed, the air bleed assembly is configured to selectively place the internal cavity in fluid communication with the external atmosphere, i.e., element 61 can be selectively depressed).
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In regard to claim 2, depending on claim 1, McAndrews discloses the air bleed system of claim 1, further comprising [a spring cavity fill port FP, in fluid communication with an air spring cavity 64] (Annotated Fig. 5a, below; paragraph 0043; the air spring cavity is understood as being a portion of the internal cavity).
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In regard to claim 5, depending on claim 1, McAndrews discloses the air bleed system of claim 1, wherein [the air bleed assembly further includes a control knob (62), wherein at least a portion of the control knob extends outwardly from linearly fixed tube] (Fig. 3 illustrates the portion of the control knob extending outwardly from the linearly fixed tube), and wherein [moving the control knob to an outward orientation, away from the internal cavity, transitions the air bleed assembly to the open configuration] (e.g., the outward orientation is when the control knob is removed as described in paragraph 0043 and illustrated as removed in Fig. 5).
In regard to claim 6, depending on claim 5, McAndrews discloses the air bleed system of claim 5, wherein the air bleed assembly includes:
[a valve body 98 extending between a first end FE and a second end SE, wherein the valve body defines a fluid passageway extending between the first end and the second end] (Annotated Fig. 7, below; paragraph 0050 discloses the valve body as a cylindrical wall and the fluid passageway is interior to the valve body between the first end and the second end);
[a plunger 68 having a proximal end PE and a distal end DE] (Ann. Fig. 7), [the plunger being slidingly disposed within the fluid passageway] (paragraphs 0050 & 0057 disclose that the plunger is slidingly disposed in the fluid passageway), wherein [the control knob is operably coupled with the distal end of the plunger] (Ann. Fig. 7; paragraph 0055); and
wherein [the proximal end of the plunger is configured to obstruct the fluid passageway when the air bleed assembly is in a closed configuration, wherein fluid communication between the internal cavity and the atmosphere is prevented when the air bleed assembly is in the closed configuration] (Ann. Fig. 7 & paragraph 0057 disclose that the proximal end of the plunger is configured by element 76 to obstruct the fluid passageway when the air bleed assembly is in the closed configuration, and the closed configuration is disclosed as the plunger being pressed down “a first amount”).
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In regard to claim 7, depending on claim 6, McAndrews discloses the air bleed system of claim 6 wherein [the plunger has a circumference further comprising a seal 76 extending around the circumference of the plunger at a location near the proximal end of the plunger, and wherein the seal is configured to sealingly engage between the plunger and valve body when the air bleed assembly is in the closed configuration] (Ann. Fig. 7; paragraph 0057; the circumference is understood as an interior vertical surface of a channel disposed at the proximal end of the plunger wherein the seal is disposed).
In regard to claim 11, McAndrews discloses [a bicycle air bleed assembly] (complete device shown in Fig. 2), comprising:
[a bicycle fork assembly 50] (Fig. 2) including [an internal cavity] (the internal cavity is understood as a hollow interior of elements 80 and/or 82 in Fig. 2 and at least partially defined by reference character 64 in Fig. 3);
[a valve body 68 extending between a first end FE2 and a second end SE2] (Annotated Fig. 5b, below);
[a fluid passageway] (e.g., a hollow interior of the valve body generally where element 60 is disposed in Ann. Fig. 5b) [extending internal to the valve body, wherein the passageway is in fluid communication with the internal cavity toward the first end of the valve body, and wherein the passageway is in fluid communication with an external atmosphere toward the second end of the valve body] (Ann. Fig. 5b; paragraph 0053); and
[a plunger 61 having a proximal end PE2 and a distal end DE2] (Ann. Fig. 5b), wherein [the proximal end of the plunger is slidably disposed in the fluid passageway internal to the valve body, wherein the plunger is configured to slide between a first closed position and a second bleed position, wherein when the plunger is located in the first position fluid flow through the passageway is obstructed, and wherein when the plunger is located in the second position fluid flow is permitted through the passageway between the internal cavity and the external atmosphere] (Fig. 4, the plunger is illustrated in the first closed position; Ann. Fig. 5b, the plunger is illustrated as being depressed into the second bleed position; paragraph 0053 describes the plunger being slidably disposed in the fluid passageway to selectively allow fluid flow).
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In regard to claim 12, depending on claim 11, McAndrews discloses the bicycle air bleed system of claim 11, wherein [in the first position the proximal end of the plunger is slid inwardly toward the first end of the valve body] (understood as the plunger starting in the first closed position, as illustrated in Fig. 4, and then being slid inwardly toward the first end of the valve body), and wherein [in the second position the proximal end of the plunger is slid toward the second end of the valve body] (understood as the plunger starting in the second bleed position, as illustrated in Ann. Fig. 5b, and then being slid toward the second end of the valve body).
In regard to claim 13, depending on claim 12, McAndrews discloses the bicycle air bleed system of claim 12, wherein [the upper portion of the fork includes a chassis crown 58, and wherein valve body extends through the chassis crown] (Figs. 3 & 4).
In regard to claim 14, depending on claim 12, McAndrews discloses the bicycle air bleed system of claim 12, further comprising [a spring configured to act upon the plunger and bias the plunger to the first position] (paragraph 0047 discloses that the plunger is “assisted by a spring” as in a Schrader valve).
In regard to claim 17, depending on claim 11, McAndrews discloses the bicycle air bleed system of claim 11, further comprising [a main bleed seal MBS that extends around the plunger, and wherein when in the first position the plunger and main bleed seal cooperate to obstruct the passageway] (Annotated Fig. 4, below; paragraph 0047, the main bleed seal and the plunger function as a Schrader valve).
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In regard to claim 18, depending on claim 12, McAndrews discloses the bicycle air bleed system of claim 12, further comprising [a dust seal DS that extends around the valve body toward the second end of the valve body, wherein when in the first position, a cooperating sealing engagement between the dust seal, the valve body, and a dust cover 62 prevents fluid flow through the passageway] (Ann. Fig. 4; paragraph 0043).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over McAndrews in view of Coaplen et al (US 2021/0237824 A1), hereinafter Coaplen.
Regarding claims 3, and 4 McAndrews does not appear to further disclose the air bleed assembly extends through an outer wall of the linearly fixed tube or that the air bleed assembly extends through the chassis crown. Coaplen discloses [a fork assembly 75 comprising an air bleed assembly] (Coaplen – Fig. 2 illustrates the fork assembly; the air bleed assembly comprises elements 100, 400b, 510b, 610, 620, and 630 shown in Fig. 6B; paragraphs 0064, 0065) wherein [a portion 510b of the air bleed assembly extends through an outer wall of a linearly fixed tube 110b, and wherein the air bleed assembly is in fluid communication with a trapped air non-spring cavity 400b] (Coaplen – Fig. 6B; paragraph 0042 discloses the linearly fixed tube 110b is fixedly coupled with a chassis crown 100; paragraph 0065). Coaplen further discloses [the air bleed assembly extends through the chassis crown 100] (Fig. 6B; paragraph 0065) and that [the air bleed assembly can add external adjustment to the total air volume] (paragraph 0067, understood as the air bleed assembly can selectively place the internal cavity in fluid communication with an external atmosphere).
It would have been obvious to one skilled in the art of air bleed systems, before the effective filing date of the claimed invention, to modify the air bleed system of McAndrews to incorporate the air bleed assembly of Coaplen, including Coaplen’s trapped air non-spring cavity 400b, such that the portion 510b of Coaplen’s air bleed assembly extends through the outer wall of McAndrew’s linearly fixed tube, and wherein the air bleed assembly of Coaplen is in fluid communication with the trapped air non-spring cavity 400b of Coaplen such that Coaplen’s air bleed assembly extends through the chassis crown.
An artisan would appreciate the ability to control the amount of air volume available to the upper fork tube and/or the trapped air non-spring cavity 400b and also the ability to control the rate at which air is transferred therebetween to modify suspension performance as disclosed by Coaplen in paragraphs 0065 and 0066. Making the above modification could be readily and easily performed by any person of ordinary skill in the art, without undue experimentation or risk of unexpected results.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over McAndrews in view of Pileggi (US Pat. 5511811 A), and NSMB, “Legends Never Die – Introducing the New Manitou Dorado,” nsmb.com, published July 12, 2021, available at https://nsmb.com/articles/legends-never-die-introducing-new-manitou-dorado/ (hereinafter NSMB).
Regarding claim 8, depending on claim 7, McAndrews does not explicitly disclose that a lower fork leg is slidably interiorly received by an upper fork leg. McAndrews further discloses […the term “fork” is used in its ordinary meaning and includes various forms of a fork…in particular, for a bicycle”, and “…a multitude of possibilities for the exact configuration of the fork are possible”] (paragraph 0037).
Pileggi discloses [a bicycle fork] (last two lines of col. 2) wherein [a proximal end of a linearly moving tube 24 is slidably interiorly received by a distal end of a linearly fixed tube 20, and wherein a sliding seal 23 is located between an inner wall 21 of the linearly fixed tube and an outer wall 27 of the linearly moving tube] (Fig. 2; col. 3, lines 15 – 24). Pileggi further discloses in paragraph 0019 that an inverted design makes it possible to reduce the friction during compression/extension of the fork leg and stabilize the reaction force characteristics of an air spring.
NSMB discloses further benefits of an inverted design for a bicycle fork:
“Inverted forks provide an incredibly smooth and consistent feel due to the constant lubrication of the bushings and seals. Inverted forks also provide a major increase in fore-aft stiffness with much longer bushing overlap compared to traditional fork designs while maintaining torsional compliance which provides more control to the rider over rough trail sections. The blend of the increased fore-aft stiffness and lateral compliance improves steering accuracy and traction while simultaneously reducing rider fatigue. When riding, you can focus more on what’s ahead and allow the fork to track over the small trail inconsistencies without bouncing you off-line. The last benefit we will discuss is the lower sprung weight provided by this design. With less weight moving with the wheel over obstacles the fork can respond quicker to changes on the trail benefiting your traction over rough terrain.”
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify McAndrews such that the lower fork leg is slidably interiorly received by the upper fork leg as Pileggi teaches because doing so would provide at least one of the benefits listed above, and could be readily and easily performed by any person of ordinary skill in the art, without undue experimentation or risk of unexpected results.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over McAndrews in view of NSMB, “Legends Never Die – Introducing the New Manitou Dorado”, nsmb.com, published July 12, 2021, available at https://nsmb.com/articles/legends-never-die-introducing-new-manitou-dorado/ (hereinafter NSMB), and further in view of Shirai (US 2011/0121525 A1).
Regarding claim 9, depending on claim 1, McAndrews further discloses [the air bleed assembly (60, 61) is located at a chassis crown 58] (Figs. 3 and 4; paragraph 0038), but does not appear to further disclose a trapped air cavity of a spring leg, a second air bleed assembly, or that the internal cavity comprises a trapped air cavity located in a damper leg.
NSMB discloses [a fork F] (NSMB – Annotated Screenshot 1, below and hereinafter AS1), comprising [a damper leg DL, a spring leg SL, a chassis crown CC, an air bleed assembly AB1 located at the chassis crown CC of the damper leg DL, a second air bleed assembly AB2 located at the chassis crown CC of the spring leg SL] (AS1), wherein [the air bleed assemblies AB1, AB2 are configured to selectively permit air to bleed from the damper leg and from the spring leg] (NSMB – Legends Never Die, pg. 7). NSMB, however, does not explicitly disclose trapped air cavities.
Shirai discloses [a fork 12] (Fig. 1; paragraph 0026) comprising [a spring leg 24, a damper leg 26] (Fig. 3; paragraph 0029), [a chassis crown 22] (Fig. 2; paragraph 0026), [an internal cavity 64] (Fig. 3; paragraphs 0036, 0046), wherein the internal cavity comprises [a trapped air cavity 64a located in the damper leg] (Fig. 3; paragraphs 0029 and 0046), and [a trapped air cavity 56 of the spring leg] (Fig. 3; paragraph 0038).
Therefore, it would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to incorporate the teachings of NSMB and Shirai with the air bleed system of McAndrews such that the McAndrews/NSMB/Shirai device comprises:
[a damper leg 52 comprising the linearly fixed tube 80, the linearly moving tube 82, and the internal cavity of McAndrews] (McAndrews – Fig. 2; paragraphs 0038, 0041), wherein
the internal cavity of McAndrews is configured substantially similar to the internal cavity 64 of Shirai, including the trapped air cavity 64a of Shirai;
[the air bleed assembly (60, 61) located at the chassis crown 58 of the damper leg 52] (McAndrews) in a similar location as AB1 of NSMB in AS1; and
[the spring leg 24, including the trapped air cavity 56] (Shirai), wherein [the second air bleed assembly AB2] (NSMB) is configured to selectively permit air to bleed from [the trapped air cavity 56 of the spring leg 24] (Shirai).
Doing so could be readily and easily performed by any person of ordinary skill in the art, without undue experimentation or risk of unexpected results, and would allow a rider to adjust the suspension performance of the fork by controlling the volume of air in the damper/spring legs.
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Regarding claim 10, depending on claim 9, McAndrews further discloses the fork comprises [a bicycle fork] (Figs. 1 and 2; paragraph 0037), but does not appear to further disclose a spring adjustment knob or a damper adjustment knob.
Shirai discloses [an air adjustment knob 44, 57a located above a non-spring cavity 55 of the spring leg 24] (Fig. 3; paragraphs 0038, 0042), and [a damper adjustment knob 46, 71 located above the damper leg 26] (Fig. 3; paragraph 0050).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to combine the air adjustment knob and the damper adjustment knob with the McAndrews/NSMB/Shirai device of claim 9 because doing so would allow a rider to selectively control suspension settings of the damper/spring legs. Doing so could be readily and easily performed by any person of ordinary skill in the art, without undue experimentation or risk of unexpected results
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over McAndrews in view of Huang (US 2008/0115838 A1).
Regarding claim 15, depending on claim 14, McAndrews does not appear to further disclose an automatic bleed. Huang teaches that it was old and well known in the art of valves, internal to fill ports, used in regulating air pressure, before the effective filing date of the claimed invention, to use [an automatic bleed 1] (Figs. 2; paragraphs 0001, 0035) to automatically release excessive air pressure (Fig. 3B; paragraph 0044) from an internal cavity.
Therefore, it would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to modify the air bleed system (60, 61) of McAndrews to incorporate the automatic bleed 1 of Huang in order to provide means of automatically releasing excessive air pressure in the internal cavity of McAndrews. Doing so could be readily and easily performed by any person of ordinary skill in the art, without undue experimentation or risk of unexpected results, and would advantageously provide protection to the bicycle air bleed system of McAndrews from overpressure conditions.
Regarding claim 16, depending on claim 15, McAndrews does not appear to disclose that the plunger moves from the first position to the second position without user intervention.
Huang discloses [a plunger 200, 300, 520] (Fig. 2) moves from [a first position] (Fig. 2) to [a second position] (Fig. 3B) [without user intervention when a force] (paragraph 0044 discloses the force as “surplus high-pressure air”) exerted on [a proximal end 200, 300] (Figs. 2, 3B; paragraph 0044) of the plunger by the pressure within [an internal cavity] (paragraph 0044, the internal cavity is the internal cavity of a tire) exceeds [a force exerted on the plunger by a spring 132] (Figs. 2, 3B; paragraph 0044, the force exerted on the plunger is disclosed as a downward elastic force of the spring132).
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to have modified McAndrews in view of the teachings of Huang for at least the same reasons claim 15 and because doing so could be readily and easily performed by any person of ordinary skill in the art without undue experimentation or risk of unexpected results.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US Pub. 2019/0111993 A1 – discloses an inverted fork leg design;
US Pub. 2019/0054973 A1 – discloses an air bleed assembly close to a lower fork crown;
US Pub. 2016/0244121 A1 – discloses an inverted fork leg design;
US Pub. 2015/0344100 A1 – discloses an air bleed assembly extending through a lower fork crown;
US Pub. 2012/0217686 A1 – discloses standard and inverted fork designs; and
US Pat. 2606570 A – discloses an automatic bleed.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tyler Ferguson whose telephone number is (571)272-7374. The examiner can normally be reached M-F 8:00am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at 571-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Tyler Ferguson/Examiner, Art Unit 3611
/CHRISTOPHER B WEHRLY/Primary Examiner, Art Unit 3611
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