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 .
Response to Arguments
The drawing and disclosure objections have been addressed and are therefore withdrawn.
The claim objection of claim 2 remains below as the wording still is not consistent – the amendment left out the word “nut” at the end. The other claim objections are withdrawn.
The 112(a) rejections have been addressed and are therefore withdrawn.
The 112(b) rejections regarding claims 3-7 have been withdrawn.
The 112(b) rejections regarding claims 1, 10, and 16 have not been addressed. Applicant states that the amendments address the issues. The examiner respectfully disagrees. The amendment has added “when said extended seatpost saddle clamp nut is coupled with said fastener”. This does not address the many issues pointed out in the 112(b) rejections. How does a nut “not decrease a saddle bottom-to-dropper seatpost standoff distance”. Further, what even is this distance? It is not defined and none of the structure that may define such a distance has even been recited previously – there is no saddle or saddle bottom, no seatpost or standoff. What is required of the structure to meet this limitation? It is still unclear. Applicant has also not addressed the issues with “said saddle rail clamp assembly minimizes a required length of said fastener”.
Applicant's arguments regarding the prior art have been fully considered but they are not persuasive. Applicant merely states that the prior art does not teach the limitations. The examiner has pointed out where in the prior art the limitations are found, and applicant has not provided evidence or reasoning to refute this. Therefore, this is not found convincing.
Claim Objections
Claims 2 is objected to because of the following informalities:
Claim 2: “at least a portion of said fastener is threadedly engaged with said extended seatpost saddle clamp”. It is believed this should read --at least a portion of said fastener is threadedly engaged with said extended seatpost saddle clamp nut--.
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.
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 1-20 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.
Claims 1, 10, and 16 state “extended seatpost saddle clamp nut does not decrease a saddle bottom-to-dropper seatpost standoff distance”. It is unclear what is required of the structure to meet this? “Does not decrease” – does not decrease this distance when something happens? Or relative to something else? How would the existence of a nut decrease (or not decrease) this distance? And what is a saddle bottom-to-dropper seatpost standoff distance? This has not been defined. There has been no recitation of a saddle (or saddle bottom), a dropper seatpost, a dropper seatpost standoff, or a standoff at all. The additional limitation stating “when said extended seatpost saddle clamp nut is coupled with said fastener” does not provide clarity regarding these issues. It appears the nut is always coupled with the fastener.
Claims 1, 10, and 16 also state “said saddle rail clamp assembly minimizes a required length of said fastener”. What is a required length? Required for what? And how is this minimized?
All dependent claims not addressed above are rejected as being dependent upon a rejected base claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4, 8-10, and 12-15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lin (US 20230219645 A1).
For claim 1, Lin discloses a saddle rail clamp assembly comprising:
an upper saddle rail clamping portion 70 configured to be rotatably coupled with a housing 30, said upper saddle rail clamping portion comprising at least one opening 71 therein;
a lower saddle rail clamping portion 60 located between said upper saddle rail clamping portion and said housing; and
a fastening system, said fastening system comprising:
an extended seatpost saddle clamp nut 81 configured to be installed at least partially within said at least one opening of said upper saddle rail clamping portion; and
a fastener 82 configured to be installed at least partially within a fastener opening 32 of said housing, said fastener configured to be coupled with said extended seatpost saddle clamp nut to compressively couple said upper saddle rail clamping portion with said lower saddle rail clamping portion to retain a saddle rail therebetween in rail groove 52, wherein said extended seatpost saddle clamp nut does not decrease a saddle bottom-to-dropper seatpost standoff distance nut may not change any distance when it is left as is when said extended seatpost saddle clamp nut is coupled with said fastener shown coupled in Fig. 1, and wherein said saddle rail clamp assembly minimizes a required length of said fastener the fastener is not required to be longer than it is and therefore it is considered minimized.
For claim 2, Lin discloses the saddle rail clamp assembly of Claim 1, wherein said extended seatpost saddle clamp nut is configured such that at least a portion of said fastener is threadedly engaged with said extended seatpost saddle clamp nut in a region between a bottom portion of said upper saddle rail clamping portion and a top portion of said housing since the nut extends below the bottom of the upper saddle rail.
For claim 4, Lin discloses the saddle rail clamp assembly of Claim 1, wherein said extended seatpost saddle clamp nut and said fastener are able to generate a clamping force on said saddle rail Fig. 4.
For claim 8, Lin discloses the saddle rail clamp assembly of Claim 1, wherein an upper portion of said fastener opening is wider than a remainder of said fastener opening Fig. 2.
For claim 9, Lin discloses the saddle rail clamp assembly of Claim 1, further comprising:
a geometric shape formed in a portion of said at least one opening of said upper saddle rail clamping portion wider, concave opening at top; and
at least a portion of said extended seatpost saddle clamp nut comprising a geometric form same concave shape as opening, wherein said geometric form is configured to work with said geometric shape to stop a rotation of said extended seatpost saddle clamp nut, when said extended seatpost saddle clamp nut is installed at least partially within said at least one opening of said upper saddle rail clamping portion nut can only rotate so much within the opening.
For claim 10, Lin discloses a seatpost with head assembly comprising:
a housing 30 coupled to a seatpost 20 comprising at least one fastener opening 32 therein; and
a saddle rail clamp assembly comprising:
an upper saddle rail clamping portion 70 configured to be rotatably coupled with said housing 30, said upper saddle rail clamping portion comprising at least one opening 71 therein;
a lower saddle rail clamping portion 60 located between said upper saddle rail clamping portion and said housing; and
a fastening system, said fastening system comprising:
an extended seatpost saddle clamp nut 81 configured to be installed at least partially within said at least one opening of said upper saddle rail clamping portion; and
a fastener 82 configured to be installed at least partially within said at least one fastener opening 32 of said housing, said fastener configured to be coupled with said extended seatpost saddle clamp nut to compressively couple said upper saddle rail clamping portion with said lower saddle rail clamping portion to retain a saddle rail therebetween in rail groove 52, wherein said extended seatpost saddle clamp nut does not decrease a saddle bottom-to-dropper seatpost standoff distance nut may not change any distance when it is left as is when said extended seatpost saddle clamp nut is coupled with said fastener shown coupled in Fig. 1, and wherein said saddle rail clamp assembly minimizes a required length of said fastener the fastener is not required to be longer than it is and therefore it is considered minimized.
For claim 12, Lin discloses the seatpost with head assembly of Claim 10, wherein said housing is fixedly coupled with said seatpost Fig. 1.
For claim 13, Lin discloses the seatpost with head assembly of Claim 10, further comprising:
said upper saddle rail clamping portion comprising at least a second opening therein other opening 71; and
said fastening system comprising:
at least a second extended seatpost saddle clamp nut other nut 81 configured to be installed at least partially within said at least said second opening of said upper saddle rail clamping portion Fig. 1; and
at least a second fastener other bolt 82 configured to be installed at least partially within at least a second fastener opening of said housing, at least said second fastener configured to be coupled with at least said second extended seatpost saddle clamp nut to compressively couple said upper saddle rail clamping portion with said lower saddle rail clamping portion at a second location Fig. 1.
For claim 14, Lin discloses the seatpost with head assembly of Claim 10, wherein an upper portion of said fastener opening is wider than a remainder of said fastener opening Fig. 2.
For claim 15, Lin discloses the seatpost with head assembly of Claim 10, further comprising:
a geometric shape formed in a portion of said at least one opening of said upper saddle rail clamping portion wider, concave opening at top; and
at least a portion of said extended seatpost saddle clamp nut comprising a geometric form same concave shape as opening, wherein said geometric form is configured to work with said geometric shape to stop a rotation of said extended seatpost saddle clamp nut, when said extended seatpost saddle clamp nut is installed at least partially within said at least one opening of said upper saddle rail clamping portion nut can only rotate so much within the opening.
Claim Rejections - 35 USC § 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 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) 11 and 16-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Shipman et al (US 20190002051 A1).
For claim 11, Lin discloses the seatpost with the head assembly of Claim 10, but fails to disclose that said seatpost comprises:
a lower post having an inner diameter (ID), said lower post for insertion into a seat tube of a vehicle;
an upper post having an outer diameter (OD) smaller than said ID of said lower post, said upper post to telescopically slide within said lower post to form a dropper seatpost; and
said housing coupled to one end of said upper post.
However, Shipman teaches a seatpost comprising:
a lower post Fig. 1: 22 having an inner diameter (ID), said lower post for insertion into a seat tube of a vehicle Fig. 1: 24;
an upper post 20 having an outer diameter (OD) smaller than said ID of said lower post, said upper post to telescopically slide within said lower post to form a dropper seatpost Fig. 1; and
said housing coupled to one end of said upper post Fig. 2: head 18.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lin by using the head on a telescoping tube assembly as disclosed by Shipman. One of ordinary skill in the art would have been motivated to make this modification to reliably adjust the height of the head.
For claim 16, Lin discloses an assembly comprising:
a housing 30 fixedly coupled to one end of said upper post 20, said housing comprising a plurality of openings 32 therein; and
a saddle rail clamp assembly Fig. 1 to couple at least one saddle rail of a saddle with a seatpost 20, said saddle rail clamp assembly comprising:
an upper saddle rail clamping portion 70 configured to be rotatably coupled with said housing 30, said upper saddle rail clamping portion comprising a plurality of openings 71 therein;
a lower saddle rail clamping portion 60 located between said upper saddle rail clamping portion and said housing; and
a fastening system, said fastening system comprising:
at least one extended seatpost saddle clamp nut 81 configured to be installed at least partially within at least one of said plurality of openings of said upper saddle rail clamping portion; and
at least one fastener 82 configured to be installed at least partially within each of said plurality of said fastener opening 32 of said housing, said at least one fastener configured to be coupled with said at least one extended seatpost saddle clamp nut to couple said saddle rail clamp assembly with said housing and compressively couple said upper saddle rail clamping portion with said lower saddle rail clamping portion to retain a saddle rail therebetween in rail groove 52, wherein said at least one extended seatpost saddle clamp nut does not decrease a saddle bottom-to-dropper seatpost standoff distance nut may not change any distance when it is left as is when said extended seatpost saddle clamp nut is coupled with said fastener shown coupled in Fig. 1, and wherein said saddle rail clamp assembly minimizes a required length of at least one fastener the fastener is not required to be longer than it is and therefore it is considered minimized.
Lin fails to disclose a lower post having an inner diameter (ID), said lower post for insertion into a seat tube of a vehicle;
an upper post having an outer diameter (OD) smaller than said ID of said lower post, said upper post to telescopically slide within said lower post to form a dropper seatpost.
However, Shipman teaches a seatpost comprising:
a lower post Fig. 1: 22 having an inner diameter (ID), said lower post for insertion into a seat tube of a vehicle Fig. 1: 24;
an upper post 20 having an outer diameter (OD) smaller than said ID of said lower post, said upper post to telescopically slide within said lower post to form a dropper seatpost Fig. 1; and
said housing coupled to one end of said upper post Fig. 2: head 18.
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention disclosed by Lin by using the head on a telescoping tube assembly as disclosed by Shipman. One of ordinary skill in the art would have been motivated to make this modification to reliably adjust the height of the head.
For claim 17, Lin discloses the assembly of Claim 16, wherein an upper portion of said fastener opening is wider than a remainder of said fastener opening Fig. 2.
For claim 18, Lin discloses the assembly of Claim 16, further comprising:
a geometric shape formed in a portion of said at least one opening of said upper saddle rail clamping portion wider, concave opening at top; and
at least a portion of said extended seatpost saddle clamp nut comprising a geometric form wider, concave opening at top, wherein said geometric form is configured to work with said geometric shape to stop a rotation of said at least one extended seatpost saddle clamp nut, when said at least one extended seatpost saddle clamp nut is installed at least partially within said at least one opening of said upper saddle rail clamping portion nut can only rotate so much within the opening.
For claim 19, Lin discloses the assembly of Claim 16, further comprising:
at least a second extended seatpost saddle clamp nut other nut 81 configured to be installed at least partially within said at least a second of said plurality of opening of said upper saddle rail clamping portion Fig. 1; and
at least a second fastener other bolt 82 configured to be coupled with at least said second extended seatpost saddle clamp nut to compressively couple said upper saddle rail clamping portion with said lower saddle rail clamping portion at a second location Fig. 1.
For claim 20, Lin discloses the assembly of Claim 19, wherein an adjustment to one or both of said at least one fastener and at least said second fastener adjusts a pitch of said saddle rail clamp assembly Para 0021.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN N M ZOHOORI whose telephone number is (571)272-7996. The examiner can normally be reached Monday-Friday 8am-5pm.
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, JOSHUA J MICHENER can be reached at (571)272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/COLIN ZOHOORI/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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