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 § 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.
Claims 2-8, 10-16 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Visenzi (US 10,583,883) in view of Bachman (US 6,053,384).
Regarding claim 12, Visenzi discloses a mounting system comprising a bicycle accessory and at least two mounting devices (Fig. 1, 32) for mounting the bicycle accessory to a bicycle rack (16); wherein the at least two mounting devices each comprise: an attachment structure (at 28) for attachment to the bicycle accessory; a socket (inner portions of 32) positioned for receiving an intermediate connecting structure (34) that is connected to the bicycle rack; and a locking mechanism (at 42 and 36) for releasable locking of the intermediate structure in the socket; wherein the mounting system further comprises a support device (26) configured for attaching to the bicycle accessory independently from the at least two mounting devices and for providing pivotable support on a further mounting plug of the bicycle rack, wherein the at least two mounting devices and the support device are attached to the bicycle accessory through a reinforcement structure on the outer back side of the bicycle accessory, which provides stiff connections, and stabilizes relative positions, of the at least two mounting devices and the support device. Visenzi does not disclose a socket or a plug as claimed.
Bachman, which is drawn to a mounting system, discloses a socket (40) positioned for receiving a mounting plug of a bicycle rack, or of an intermediate connecting structure that is releasably and/or adjustably connected to the bicycle rack. See Figs. 1-11. Thus, it 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 to have the sockets of Visenzi be able to receive plugs, as disclosed by Bachman, in order to receive plugs from a bicycle rack and attach it thereto.
Regarding claim 2, the locking mechanism comprises a locking element (at 36 or 46) which is movable between a locking position and a releasing position, wherein in the locking position the locking element extends into the socket, wherein in the releasing position the locking element extends less or not into the socket. See Fig. 2.
Regarding claim 3, Visenzi does not disclose the locking element as claimed. Bachman discloses in a locking position, when a mounting plug is received in the socket, the locking element (66) extends into engagement with the mounting plug. See Fig. 11. Thus, it 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 to have a locking element as disclosed by Bachman engage a plug on the device of Visenzi in order to further secure the device in place.
Regarding claim 4, the locking element is biased towards the locking position. See Fig. 2.
Regarding claim 5, the locking mechanism comprises an operating element (at 58 or 42) coupled to the locking element and configured for moving the locking element between the locking position and the releasing position from outside the socket. See, Fig. 2.
Regarding claim 6, the locking mechanism comprises at least one securing element (66) coupled to the locking element and configured for selectively securing the locking element in the locking position. See, Fig. 2.
Regarding claim 7, the at least one securing element comprises at least one eye (at 32) through which a securing pin can be extended so as to inhibit the locking element from reaching the releasing position. See, Fig. 2.
Regarding claim 8, the attachment structure comprises a through hole (Fig. 2, at 24) which, at one end thereof, opens towards the bicycle accessory during use, and which is configured for receiving a fastening means (22) therethrough so as to allow the fastening means to be fastened to the bicycle accessory for thereby attaching the mounting device to the bicycle accessory. See Fig. 2.
Regarding claim 10, the attachment structure comprises at least one slot (space between 24 and 28) which is configured for slideably receiving a guide rail (52) therein, which guide rail is attachable to the bicycle accessory so as to allow attachment of the mounting device to the bicycle accessory via the guide rail. See Fig. 2.
Regarding claim 11, the at least one slot is provided along an outer face of the mounting device, which outer face faces away from an entrance of the socket. See Fig. 2.
Regarding claim 13, Visenzi discloses the number of mounting devices being at least two. See Fig. 1.
Regarding claim 14, the two mounting devices are attached to the bicycle accessory at respective positions corresponding to those of the mounting plugs of the bicycle rack, which the sockets of the at least two mounting devices are configured to receive, and wherein the support device supports the bicycle accessory at a further position corresponding to the further mounting plug upon which the bicycle accessory is pivotably supported. See Fig. 1.
Regarding claim 15, as modified above, the locking mechanism of each of the at least two mounting devices comprises a locking element and an operating element coupled to the locking element and configured for moving the locking element between a locking position and a releasing position, further comprising a common handle (anywhere device can be grabbed) which is coupled, at least couplable, to respective operating elements of the mounting devices so as to enable single-handed simultaneous movement of the locking elements of the mounting devices to their releasing positions by movement of the common handle. Moreover, it would have been obvious to one having ordinary skill in the art at the time the invention was made to have each mounting device comprise a locking element, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 16, as modified above, the respective positions of the at least two mounting devices and the further position corresponding to the further mounting plug define a mounted position of the bicycle accessory with respect to the bicycle rack. See Figs. 1-11.
Regarding claim 19, Visenzi, as modified above, discloses a method of releasably mounting a bicycle accessory to a bicycle rack, the method comprising: using the mounting system according to claim 12, attaching at least two mounting devices to the bicycle accessory using the respective attachment structures of the at least two mounting devices; attaching the support device to the bicycle accessory; pivotably supporting the support device and the bicycle accessory on the further mounting plug of the bicycle rack; and pivoting the bicycle accessory with respect to the bicycle rack about a pivoting axis causing to cause the mounting plug to be received in the socket, and to be releasably locked in the socket using the locking mechanism.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Visenzi and Bachman as applied above in further view of Dubinskiy (US 2009/0152423).
Regarding claim 9, Visenzi does not disclose the hole as claimed. Dubinskiy, which is drawn to a mounting device, discloses a through hole (Fig. 1) that opens into the socket (14, 16) at another end thereof. Thus, it 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 to have the through hole of Visenzi, as modified above, extend through socket, as disclosed by Dubinskiy, in order to attach and hide the screws.
Response to Arguments
Applicant’s arguments have been considered but are moot in view of the new grounds of rejection.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 DEREK J BATTISTI whose telephone number is (571)270-5709. The examiner can normally be reached 9:00 am - 5:00 pm M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DEREK J BATTISTI/Primary Examiner, Art Unit 3734
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