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 .
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 1-12 is 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 states that “a receiving region, associated with the frame section” however, it does not state if the receiving portion is associated with the first or second frame section or if it is associated with both the frame sections, hence, the statement is indefinite.
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.
Claim(s) 1-9 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Talavasek (US 9580141). Regarding claim 1, Talavasek discloses a bicycle frame (30), in particular for an E-bike (20), comprising:
a first frame section (34,94,96) with an interior space (62) for accommodating at least one battery unit (60);
a second frame section (44) that adjoins the first frame section (34,94,96) and extends to a rear wheel receptacle (46), and
a receiving region (88), associated with the first and second frame sections (see figure 3), for a transmission unit (52),
wherein the first frame section (34,94,96), the second frame section (44), and the receiving region (88) are designed such that cables (150) extend essentially inside the first frame section (see figure 9) and the second frame section (see figures 15,16 and Col. 5, lines 24-29), and essentially only cables that are used to connect the transmission unit are guided into the receiving region (88, see figures 16 and 3).
Regarding claim 2, wherein the receiving region (88) corresponds to the contour of the transmission unit (52, see figures 2 and 3).
Regarding claim 3, wherein the receiving region (88) has at least one flat surface (under member 76, see figure 4)) in the interior.
Regarding claim 4, wherein the receiving region (88) includes a fastening element (80,82,70) that is welded to the first frame section (through member 64, see figure 4), to the second frame section (see figures 2 and 3 as it shows the pivot fastening member 70), and/or to a seat tube (38, see figure 3).
Regarding claim 5, wherein a feedthrough region (see channel where cable 150 runs in figure 16) for guiding the cables (150) extends separately from the receiving region (see figure 16).
Regarding claim 6, wherein the receiving region (88) for the transmission unit (52) is situated essentially at one end of the first frame section (34,94,96), at the transition to the second frame section (44, see figure 2).
Regarding claim 7, wherein the second frame section (44) directly adjoins the first frame section (34,94,96, see figure 2).
Regarding claim 8, wherein the second frame section has fork-shaped design (see figure 2 to see both chain stays).
Regarding claim 9, wherein the first frame section, the receiving region, and the second frame section merge seamlessly into one another (see figure 2).
Regarding claim 12, the bicycle of Talavasek with the frame (30) is electric.
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) 10 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Talavasek in view of Talavasek (US 8727367, T2 from now on). Regarding claim 10, Talavasek does not mention a cable routing region in the first and second frame sections, however, one of ordinary skill in the art would have the understanding that the cable routing region has to throughout the length of the frame, which includes going from the handle bar to the sensor 146, however, a cable routing region on the first and second frame sections has not been shown. T2 discloses a bicycle frame (25) with integrated cable routing (see figure 7A and Col. 1, lines 35-39 where it states “a frame that has an elongated hollow frame member, a fork rotationally coupled to the frame, a wheel rotationally coupled to the fork, and a handlebar coupled to the fork for steering the wheel. The frame has an interior surface that defines a longitudinal groove with a groove width”). It would have been obvious for one of ordinary skill in the art to modify Talavasek by adding a cable routing region that extends throughout the entire frame, in order to carry cables from the handle bars to the rear wheel.
Regarding claim 11, Talavasek does not mention what type of cables the cables are. However, T2 discloses a light cable (265), a shifting cable (245), and electric cable (275) and a brake cable (220). It would have been obvious for one of ordinary skill in the art to modify Talavasek in order to include cables such as a shifting cable, an electric cable and a brake cable, in order to route the cable that are needed for an electric bicycle to run throughout the length of the frame.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Marlon A Arce whose telephone number is (571)272-1341. The examiner can normally be reached 8AM - 4:30PM.
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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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/MARLON A ARCE/Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611