DETAILED ACTION
This is the First Office Action in response to the above identified patent
application filed on May 5, 2024.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on June 9, 2026 is acknowledged.
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 1-11 and 13 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, and elsewhere, the claim language defining the cam having “a minimum contact surface” is not understood, and the metes and bounds of the desired patent protection cannot be determined.
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) 1-8, 10, 11, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lermen et al. (DE 10 2011 120 675) in view of Hoffmann et al. (WO 01/65152).
Referring to Figure 10, Lermen teaches a bicycle transmission comprising: an input shaft (supporting 36,38,40); a counter shaft (48), and an output shaft (112), a first shifting and gear assembly (associated with gears 42,44,46); a second shifting and gear assembly (associated with gears 116,118,128), a first gear (42,116) rotationally mounted on the counter shaft, a second gear (44,118) rotationally mounted on the counter shaft, a third gear (36) mounted to the input shaft, the third gear being rotationally fixed relative to the input shaft, the first gear (42) of the first shifting and gear assembly engaging the third gear (36); a fourth gear (38) mounted to the input shaft, the fourth gear being rotationally fixed relative to the input shaft, the second gear (44) of the first shifting and gear assembly engaging the fourth gear (38); the output shaft is parallel to the counter shaft of the first and second shifting and gear assemblies, the output shaft being driven by the counter shaft of the first and second shifting and gear assemblies; a fifth gear (122) mounted to the output shaft, the fifth gear being rotationally fixed relative to the output shaft, the first gear (116) of the second shifting and gear assembly engaging the fifth gear (122); and a sixth gear (124) mounted to the output shaft, the sixth gear being rotationally fixed relative to the output shaft, the second gear (118) of the second shifting and gear assembly engaging the sixth gear (124), the counter shaft of the first and second shifting and gear assemblies being integrally formed as a single countershaft.
Lermen does not teach the claimed shifting arrangement for connecting the rotatable gears to the counter shaft. However, the claimed shifting arrange was known. For example, Hoffmann teaches (such as Figs. 2) a plurality of gears (26) supported on a hollow counter shaft (12), the hollow shaft defining at least one first aperture in axial alignment with a first gear; at least one first shift pawl (42) disposed in the at least one first aperture; a second gear (26) rotationally mounted on the hollow shaft, the hollow shaft defining at least one second aperture in axial alignment with the second gear; at least one second shift pawl (42) disposed in the at least one second aperture; a cam (30) disposed in the hollow shaft; the cam having a minimum cam contact surface, the minimum cam contact surface (Fig. 2) having a width measured in a direction parallel to a central axis of the hollow shaft, a distance measured in the direction parallel to the central axis of the hollow shaft between the at least one first cam follower and the at least one second cam follower (the next follower is the sequence) being less than or equal to 1.1 times the width of the minimum cam contact surface (Fig. 2 illustrates the distance between two cam followers is less than the cam contact surface); a shift actuator (34) selectively translating the cam in the hollow shaft, in response to the cam being axially aligned with the at least one first shift pawl, the cam displacing the at least one first shift pawl radially outward to engage the first gear to rotationally fix the first gear to the hollow shaft, in response to the cam being axially aligned with the at least one second shift pawl, and the cam displacing the at least one second shift pawl radially outward to engage the second gear to rotationally fix the second gear to the hollow shaft.
It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to configure the first and second shifting assemblies of Lermen with the gear shift arrangement having pawls with a distance measured in the direction parallel to the central axis of the hollow shaft between the first cam follower and the second cam follower (the next follower is the sequence) being less than or equal to 1.1 times the width of the minimum cam contact surface, as taught by Hoffmann, motivation being to control the engagement of the pawls with a predetermined movement of the cam.
Claim 2: It was well known in the art to control a transmission shift device with an electric motor. It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to provide the transmission arrangement of Lermen with an electric shift motor, as was well known in the art, to provide a mechanized shifting arrangement.
Claim 3: The transmission of Lermen modified with Hoffmann includes two first apertures and two second apertures; the at least one first shift pawl is two first shift pawls; and the at least one second shift pawl is two second shift pawls.
Claim 4: The shift arrangement of Hoffmann includes the first apertures positioned at 180 degrees from each other about a central axis of the hollow shaft; and the second apertures are positions at 180 degrees from each other about the central axis.
Claim 5: The shift arrangement of Hoffmann teaches the gear assemblies having the first apertures that are positioned at 90 degrees from the second apertures about the central axis.
Claim 6: Hoffmann teaches a rotatable spindle operatively connected to the shift actuator. It would have been obvious to one of ordinary skill in the art before the effective filing of the claimed device to configure the shift actuator of Lermen as a rotatable spindle, as taught by Hoffmann, motivation being to provide an accurate device for positioning the cam.
Claim 7: Hoffmann illustrates the cam defines: at least one first ramp and at least one second ramp on opposite sides thereof, the at least one first ramp and the at least one second ramp being circumferentially aligned with the at least one first cam follower; and at least one third ramp and at least one fourth ramp on opposite sides thereof, the at least one third ramp and the at least one fourth ramp being circumferentially aligned with the at least one second cam follower.
Claim 8: Hoffmann illustrates the at least one first cam follower is at least one first shift pawl; and the at least one second cam follower is at least one second shift pawl.
Claim 10: The transmission of Lermen modified with Hoffmann includes a seventh gear (such as 46 in Fig. 10 of Lermen) rotationally mounted on the counter shaft, the hollow shaft (of Hoffmann) defining at least one third aperture; at least one third shift pawl disposed in the at least one third aperture; the cam displacing the at least one third shift pawl radially outward to engage the seventh gear to rotationally fix the seventh gear to the hollow shaft.
Claim 11: Hoffmann illustrates the at least one first aperture is circumferentially aligned with the at least one third aperture; and the at least one second aperture is positioned at 90 degrees from the at least one third aperture about the central axis of the hollow shaft.
Claim 13: Lermen teaches a bicycle having (inherent) a frame; a handlebar operatively connected to the frame; a front wheel operatively connected to the handlebar; a rear wheel operatively connected to the frame; a crankshaft operatively connected to the input shaft to drive the transmission; an electric motor (108) operatively connected to the input shaft to drive the transmission; a drive sprocket (114) operatively connected to and driven by the output shaft; a driven sprocket connected to the rear wheel to drive the rear wheel (inherent); a flexible drive member (chain) engaging the drive and driven sprockets; a pair of crank arms (16) connected to the crankshaft; and a battery pack (21) connected to the frame and electrically connected to the electric motor.
Allowable Subject Matter
Claim 9 is 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 does not teach the bicycle transmission of claim 1 having a cam width; and the distance measured in the direction parallel to the central axis of the hollow shaft between the at least one first cam follower and the at least one second cam follower is less than or equal to 0.4 times the cam width.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Note the cam follower spacing of USP 5,542,310 and the motor driven spindle for controlling a transmission of USP 5,507,196.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM C JOYCE whose telephone number is (571)272-7107. The examiner can normally be reached M-F 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at 571-270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM C JOYCE/Primary Examiner, Art Unit 3618
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