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 .
Claims 1-21 are pending.
Claims 1-21 have been examined.
Claim Rejections - 35 USC § 102
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, 8 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shirai et al. (US 2022/0106005) (“Shirai”). Shirai discloses an apparatus for a bicycle, the apparatus comprising: a height adjustable seat post (fig. 1: 12) including a valve (fig. 2: V) and an internal actuator (Fig. 2: 36) to operate the valve to enable the height adjustable seat post to expand or contract; a control device (fig. 2: 46) including a housing and a microcontroller in the housing (paragraph 0089), the control device arranged outside of the height adjustable seat post (paragraph 0088: “the electronic controller 46 can be remotely located from the rest of the seat post 12”), the microcontroller to control power to the internal actuator based on wireless signals from a seat post actuator on the bicycle (paragraph 0087 and 0089); and a cable to electrically couple the height adjustable seat post and the control device (paragraph 0088: “the electronic controller 46 can be mounted on the vehicle body VB and connected to the motor M of the electric actuator 36 by a wire”).
As concerns claim 8, Shirai discloses wherein the control device includes a wireless communication device (fig. 2: 58) to communicate with the seat post actuator on the bicycle.
As concerns claim 10, Shirai discloses wherein the control device includes a user operable member to be activated by a user to cause the microcontroller to pair the control device with the seat post actuator (fig. 2: 58 is a Bluetooth device).
Claim(s) 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shirai et al. (US 2020/0377176) (“Shirai 2”). Shirai 2 discloses an apparatus for a bicycle, the apparatus comprising: a height adjustable seat post (fig. 1: 12) including a valve (fig. 2: 19 is a hydraulic or pneumatic device inherently including a valve; paragraph 0069) and an internal actuator (2: 14; paragraph 0075) to operate the valve to enable the height adjustable seat post to expand or contract; a seat post actuator to be coupled to handlebars of the bicycle (fig. 1: 50; paragraph 0129), the seat post actuator including a control device (fig. 6: 52; paragraph 0086) to control power to the height adjustable seat post to activate the internal actuator; and a harness including: a first connector (fig. 2: CP portion C1) to be connected to a mating connector on the height adjustable seat post; a second connector (fig. 2: CP portion C1) to be connected to a power connector on the bicycle to receive power from a battery (PS2) on the bicycle; and a cable between the first connector, the second connector, and the seat post actuator (paragraph 0132: the operating device 50 can be connected to the actuation controller 14 with an electric cable. In FIG. 2, for example, the operating device 50 can be connected to the junction J1 with an electric cable.”).
As concerns claim 18, Shirai 2 discloses wherein the harness includes a third connector to be connected to a mating connector on the seat post actuator (a third connector is required to mate the cable to the seat post actuator on the handlebars, as discussed in paragraph 0132).
As concerns claim 19, Shirai 2 discloses wherein the seat post actuator includes a user operable member (50 is an operating device for the user to adjust the height of the seat), and wherein, in response to the user operable member being actuated by a user, the control device is to activate the actuator to open the valve in the height adjustable seat post.
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.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirai in view of Shirai 2. Shirai fails to teach wherein the control device includes an indicator, the microcontroller to activate the indicator based on a status of the control device. However, Shirai 2 teaches an indicator activated based on a status of the control device (Shirai 2, fig. 2: 54; paragraph 0114). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide an indicator in order to inform the user that the rider posture changing device is in the abnormal state, as taught by Shirai 2.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirai. Shirai does not expressly teach wherein the control device is configured to enter a lower power mode after a period of inactivity. However, the examiner takes Official Notice that control devices (electronic devices) going to a lower power mode after a period of inactivity is old and well know (such as cell phones, watches, handheld bike computers, etc). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to modify the control device to have a low power mode in order to conserve the bike battery.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirai in view of Takeshita et al. (US 11787499) (“Takeshita”). Shirai does not teach a fastener coupled to the housing of the control device to mount the control device to a brake line of the bicycle. However, Takeshita teaches a fastener to couple a housing to a brake line of the bicycle (fig. 5: 64). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to provide a fastener to fasten the housing to the brake line in order to secure the housing in the desired location, as taught by Takeshita.
As concerns claim 14, Shirai, as modified, teaches wherein the fastener is coupled to the housing of the control device via friction fit interface (Takeshita, fig. 5: 64B) and the fastener includes a snap hook to mount the control device to the brake line (fig. 5: 64C).
As concerns claim 15, Shirai, as modified, teaches wherein the fastener includes a hook (fig. 5: 64C) extending from the housing, the hook to be used to mount the control device to a brake line.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirai, as modified, by Shirai 2, in view of Shirai et al. (US 2025/0010932) (“Shirai 3”). Shirai fails to teach wherein the second connector includes a magnet or a ferromagnetic material to form a magnetic coupling with the power connector on the bicycle. However, Shirai 3 teaches magnetic coupling connectors for elements of a seat post height adjuster (paragraph 0108). It would have been obvious to a person having ordinary skill in the art, before the effective filing date of the invention, to modify the second connector of Shirai, as modified, to include a magnetic coupling in order to allow easier/more stable connection of the cable to the power device.
Allowable Subject Matter
Claims 12, 16 and 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: The prior art references of Shirai, Shirai 2 and Shirai 3 fail to teach wherein the control device includes a vibration sensor, and wherein the microcontroller is to determine the period of inactivity based on lack of vibration signals from the vibration sensor; or wherein the hook is a first hook, the control device including a second hook extending from the housing, wherein the first and second hooks are facing opposite directions. Further, there is no teaching, suggestion or motivation to modify the prior art absent hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY J BRINDLEY whose telephone number is (571)270-7231. The examiner can normally be reached Mon-Fri, 9am-5pm.
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/TIMOTHY J BRINDLEY/Primary Examiner, Art Unit 3636