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 .
Status of Claims
Claims 1-20, as filed on 05/17/2024, are currently pending and considered below.
Claim Objections
Claims listed below are objected to because of the following informalities (appropriate correction is required):
Claim 1, line 11 amend: “a first side” to ---the first side---.
Claim 1, line 12 amend: “groove and;” to ---groove; and---.
Claims 5, 13, and 16, line 4 amend: “having second and third stop” to ---having a second and third stop---.
Claim 15, line 9 amend: “a first side” to ---the first side---.
Claim 13 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 5. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Applicant is suggested to amend claim 13 to be dependent on claim 6. Claims 15, 17, and 20 dependent on claim 13 will be treated as such.
Claim 19 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 16. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim 20 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 13. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 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.
Claims 1-3 are rejected under 35 U.S.C. 102(A)(1) as being anticipated by TW M446152 U1 (JYIE).
Regarding Independent Claim 1, JYIE discloses an outdoor exercise machine (Figures 3-4; device is capable of being used outdoors) comprising:
an articulation (Crank 10 with shaft 20 and limiter 30, Figure 1);
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Figure 1
the articulation having an axle and a crankset (axle 20 and crank 10);
the crankset having a first side and a second side (inner/first side is towards axle 20, outer/second side is towards screw 24),
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Figure 2
the axle extending along a first axis (dashed line shown in Figure 2), and having a groove cut in a first side of the axle (groove 22);
an axle connector (limiting member 30) for holding the axle to the crankset in a secured position (see Figure 1 wherein the limiter 30 is placed, limiter 30 is tightened which locks the screw 24 in place holding the crank 10 in place);
wherein in the secured position: the axle is placed through the crankset such that the groove is disposed on a first side of the crankset (see Figure 3 wherein the groove 22 is shown on the first side while the axle 20 is placed through crank 10);
the axle connector is disposed in the groove (see Figure 3) and; the axle connector is fastened to the crankset (as shown in Figure 3).
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Figure 3
Regarding Claim 2, JYIE further discloses the outdoor exercise machine of claim 1, wherein the axle connector is fastened to the crankset via a screw (screw 24, see Figure 3 wherein the screw is threaded through axle 20 locking everything in place).
Regarding Claim 3, JYIE further discloses the outdoor exercise machine of claim 2, wherein the screw is inserted through the axle connector (see Figure 3 for an end of screw 24 inserted into limiter 30) and into the crankset along an axis parallel to the first axis (screw 24 is threaded into axle 20 through crank 10), and wherein the axle connector enters the groove in a direction perpendicular to the first axis (limiter 30 is slid onto groove 22 as shown in Figure 3 which is perpendicular to the first axis).
Claim 1 is rejected under 35 U.S.C. 102(A)(1) as being anticipated by US 6830259 B2 (Jakovljevic).
Regarding Independent Claim 1, Jakovljevic discloses outdoor exercise machine (bike 10 comprising pedal driving device 12, Figure 3) comprising: an articulation (driving device 12); the articulation having an axle (shaft 34) and a crankset (transmission units 46); the crankset having a first side and a second side (respective top and bottom sides relative to Figure 3); the axle extending along a first axis (axis A), and having a groove cut in a first side of the axle (groove that top fastener 56 is shown residing within of axle 34);
an axle connector (fastener 56) for holding the axle to the crankset in a secured position (said fastener 56 is configured to be threaded into shaft 34 via the groove therein locking the transmission unit 46 thereto);
wherein in the secured position: the axle is placed through the crankset such that the groove is disposed on the first side of the crankset (the groove on the top of the axle 34 is on the first side of the crank set and is inserted through the top transmission unit as shown in Figure 3); the axle connector is disposed in the groove and (as shown in Figure 3); the axle connector is fastened to the crankset (as shown in Figure 3).
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 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.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over US 6830259 B2 (Jakovljevic) in view of US 20100304907 A1 (Yuan).
Regarding Claim 4, Jakovljevic discloses the invention as substantially claimed, see above. Jakovljevic further discloses bushings in the axle (bushing 38, 40). Jakovljevic does not disclose wherein the bushings are mode of an ultra-high-molecular-weight polyethylene (UHMWPE) treated with molybdenum disulfide (MoS2).
Yuan teaches solving the same issue of providing a bushing to reduce resistance between rotating parts comprising: bushings (sleeve bushing 133) in an axle (hub 110 in the form of a hollow cylinder) made with an ultra-high-molecular-weight polyethylene (UHMWPE) treated with molybdenum disulfide (MoS2) (“ a bushing may be nylon, polyetheretherketone, ultra-high-molecular-weight polyethylene, polyacetal, polytetrafluoroethylene, including grades compounded with molybdenum disulfide” Paragraph 25: emphasis added).
It would have been obvious for one skilled in the art at the time of filing to modify the bushing to be comprised of UHMWPE treated with MOS2, as taught by Yuan, in order to provide self-lubrication of the bushing (Paragraph 25).
Regarding Independent Claim 14, Jakovljevic discloses an outdoor exercise machine (bike 10 comprising pedal driving device 12, Figure 3) comprising: an axle (shaft 34) and a crankset (transmission units 46). Jakovljevic does not disclose wherein the bushings are mode of an ultra-high-molecular-weight polyethylene (UHMWPE) treated with molybdenum disulfide (MoS2).
Yuan teaches solving the same issue of providing a bushing to reduce resistance between rotating parts comprising: bushings (sleeve bushing 133) in an axle (hub 110 in the form of a hollow cylinder) made with an ultra-high-molecular-weight polyethylene (UHMWPE) treated with molybdenum disulfide (MoS2) (“ a bushing may be nylon, polyetheretherketone, ultra-high-molecular-weight polyethylene, polyacetal, polytetrafluoroethylene, including grades compounded with molybdenum disulfide” Paragraph 25: emphasis added).
It would have been obvious for one skilled in the art at the time of filing to modify the bushing to be comprised of UHMWPE treated with MOS2, as taught by Yuan, in order to provide self-lubrication of the bushing (Paragraph 25).
Allowable Subject Matter
Claims 6-12 are allowed.
Claims 5, 13, 15-20 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:
Regarding claims 5, 13, and 16, the prior art of record TW M446152 U1 (JYIE) fails to teach or render obvious the exercise machine in combination with all of the elements and structural and functional relationships as claimed and further including:
the axle having a rotating portion and a non-rotating portion; the non-rotating portion having a first stop disposed thereon; the rotating portion having second and third stop disposed at first and second predetermined angles; wherein when the rotating portion rotates to the first or second predetermined angle, the second or third stop contacts the first stop, and further rotation beyond the first or second angle is prevented.
The prior art of record does not disclose the axle having a non-rotating portion. It would not have been obvious for one skilled in the art at the time of filing to modify the axle to have a non-rotating part without improper hindsight.
Regarding Independent Claim 6, the prior art of record TW M446152 U1 (JYIE) fails to teach or render obvious the exercise machine in combination with all of the elements and structural and functional relationships as claimed and further including:
the axle reception piece having a second receptor disposed thereon; the crankset connection piece and the axle reception piece being disposed concentrically together such that the axle can pass through the crankshaft, the crankshaft connection piece, and into the axle reception piece.
The prior art of record discloses an outdoor exercise machine (Figures 3-4; device is capable of being used outdoors) comprising:
an articulation (Crank 10 with shaft 20 and limiter 30, Figure 1);
the articulation having an axle and a crankset (axle 20 and crank 10);
the crankset having a first side and a second side (inner/first side is towards axle 20, outer/second side is towards screw 24),
the axle extending along a first axis (dashed line shown in Figure 2) and having a first receptor disposed thereon (groove 22);
an axle connector (limiting member 30) for holding the axle to the crankset in a secured position (see Figures 1 and 3 wherein the limiter 30 is inserted around the axle 20 and guided into groove 22 such that the crank 10 is locked into position via grooves on the limiter 30);
the axle connector having a crankset connection piece (fitting rib 33 in groove 121) and an axle reception piece (fitting rib 33 in groove 22);
the crankset connection piece having a plurality of fastener receptors (locking holes 311, see Figure 4 for a pair of holes 311) for securing the crankset connection piece to the crankset (locking member 312 fastened into holes 311 tighten and lock the limiter 30 onto the axle and crank); which is not equivalent to applicant’s invention as the prior art of record does not disclose a second receptor thereon. It would not have been obvious for one skilled in the art at the time of filing to modify the device with a second receptor without improper hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACHARY T MOORE whose telephone number is (571)272-0063. The examiner can normally be reached Monday - Thursday 8:00am - 4:00pm EST.
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/ZACHARY T MOORE/Examiner, Art Unit 3784