Detailed Action
This is the First Office Action on the Merits based on the 18/672,793 application filed on 05/23/2024 and which claims as originally filed have been considered in the ensuing 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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/20/2023 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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
A third axis separate from the first and second axis (at least claim 5)
The resistance unit comprising two or more of a fan, magnetic wheel, fluid resistance chamber, electric generator or centrifugal pressure plate (at least claim 8, 19)
The resistance unit comprising one of a fan, magnetic wheel, fluid resistance chamber, or centrifugal pressure plate AND a close loop component of claims 5 and 16
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.
Claim Objections
Claim 1 is objected to because of the following informalities:
On line 3, “the axle supports” should be corrected to –the pair of laterally spaced axle supports---
Claim 2 is objected to because of the following informalities:
On line 2, “the axle supports” should be corrected to –the pair of laterally spaced axle supports---
Claim 9 is objected to because of the following informalities:
On line 1, “the axle supports” should be corrected to –the pair of laterally spaced axle supports---
Claim 10 is objected to because of the following informalities:
On line 1, “the channel” should be corrected to ---the upwardly opening channel----
On line 2, “the axle” should be corrected to ---the rear wheel axle---
Claim 11 is objected to because of the following informalities:
On line 3, “the axle supports” should be corrected to –the pair of laterally spaced axle supports---
On line 4, “the axle” should be corrected to ---the rear wheel axle---
Claim 12 is objected to because of the following informalities:
On line 12, “the axle supports” should be corrected to –the pair of laterally spaced axle supports---
Claim 14 is objected to because of the following informalities:
On line 3, “the chain” should be corrected to ---the drive chain---
Claim 20 is objected to because of the following informalities:
On line 1, “the axle supports” should be corrected to –the pair of laterally spaced axle supports---
On line 3, “the channel” should be corrected to ---the upwardly opening channel----
Appropriate correction is required.
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.
Claims 1-2, 9-12 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wang et al (US 9,884,237).
Regarding claim 1:
Wang et al disclose a frame (base frame 10) comprising a pair of laterally spaced axle supports (see annotated Fig. below) configured to support a rear wheel axle of a bicycle (see Fig. 7, showing a rear wheel of a bicycle attached to the base frame at the axle supports), wherein the axle supports define a laterally extending first axis (see annotated Fig. below); a drive wheel (roller 24) rotatably supported by the frame, wherein the drive wheel is rotatable about a second axis parallel to, and radially spaced from, the first axis (see annotated Fig. below); and a resistance unit (damper unit 20) supported by the frame and operably coupled to the drive wheel (see Fig. 1).
[AltContent: textbox (Second axis)][AltContent: textbox (First axis)][AltContent: textbox (First axis)][AltContent: textbox (First axis)][AltContent: connector][AltContent: textbox (First axis)][AltContent: connector][AltContent: textbox (Laterally spaced axle supports)][AltContent: arrow][AltContent: arrow]
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Regarding claim 2:
Wang et al disclose that the resistance unit is positioned rearwardly of the axle supports, and wherein the second axis is positioned rearwardly of the first axis (see annotated Fig. above).
Regarding claim 9:
Wang et al disclose that at least one of the axle supports comprises an upwardly opening channel (see Fig. 1 showing that the axle support has a U-shaped channel, with the opening extending upwardly).
Regarding claim 10:
Wang et al disclose that the channel comprises a bottom recess shaped to receive one end of the axle, wherein the bottom recess defines the first axis (see Fig. 7, specifically).
Regarding claim 11:
Wang et al disclose a frame (base frame 10) comprising a pair of laterally spaced axle supports (see annotated Fig. below); a bicycle (the bicycle is shown in Fig. 8) comprising a rear wheel axle (shown in Fig. 7-8; the rear wheel of the bicycle is configured to be placed within the axle supports) removably supported by the axle supports, wherein the axle defines a laterally extending first axis (see annotated Fig. below); a drive wheel (roller 24) rotatably supported by the frame, wherein the drive wheel is rotatable about a second axis parallel to, and radially spaced from, the first axis (see annotated Fig. below); and a resistance unit (damper unit 20) supported by the frame and operably coupled to the drive wheel (see Fig. 1).
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Regarding claim 12:
Wang et al disclose that the resistance unit is positioned rearwardly of the axle supports, and wherein the second axis is positioned rearwardly of the first axis (see annotated Fig. above).
Regarding claim 20:
Wang et al disclose that at least one of the axle supports comprises an upwardly opening channel (see Fig. 1 showing that the axle support has a U-shaped channel, with the opening extending upwardly), and wherein the rear wheel axle comprises an end disposed in the channel (see Figs. 1-8).
Allowable Subject Matter
Claims 3-8 and 13-19, in which claims 4-8 and 14-19 are dependent upon claims 3 and 13 respectively, 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 of record fails to teach or disclose the bicycle trainer of independent claims and further comprising a cog rotatably supported by the frame about the second axis, the cog being laterally spaced from the drive wheel (claims 3 and 13).
The closest prior art of record comprises Wang et al (US 9,884,237) and Shu-Chiung (US 2013/0053223).
Wang et al is discussed in detail above. Wang et al fails to disclose a cog, among other limitations.
Shu-Chiung teaches a training apparatus for use with a bicycle, wherein the rear fork is attached to the axle of a cassette of the device. Shu-Chiung further discloses toothed pulley (23, broadly interpreted as a cog) that is rotatable about a second axis that is shared with dampening wheel (30), spaced apart, but parallel to the axis of rotation of the axle of the rear fork. Shu-Chiung fails to disclose a pair of laterally spaced axle supports, and that the cog is configured share an axis with the drive wheel and not the dampening wheel.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MEGAN M ANDERSON whose telephone number is (313)446-6531. The examiner can normally be reached M-TH 6 a.m. -4 p.m. (Arizona).
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, LoAn Jimenez can be reached at 571-272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Megan Anderson/Primary Examiner, Art Unit 3784