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 Objections
Claims 1-15 are objected to because of the following informalities:
In claim 1, the term "a user" in line 9 should be "the user" because “a user” is already recited in line 2.
In claims 3 and 10, the term "a user" in line 2 of claims 3 and 10 should be "the user" because “a user” is already recited in claim 1.
Claims 2-15 are also objected because they are dependent on the objected claim 1 as set forth above.
Drawings Objection
The drawings are objected to because empty diagram boxes are impermissible under 37 CFR §1.83(a) which recites as follows:
“The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box).” (Emphasis added by Examiner)
The empty diagram boxes found in Figures 2 and 9 of the drawings, must be labeled with an appropriate descriptive phrase in addition to the reference characters already present. Please see 37 CFR §1.84(n), 37 CFR §1.84(o), and 37 CFR §1.84(p) for more information on the difference between the required legends and the reference characters already present. Appropriate correction is required.
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 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 1-15 and 20-24 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
As to claim 1, claim 1 recite limitations “the complete” in lines 6-7 of claim 1. There is insufficient antecedent basis for this limitation in the claim. Claim 1 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 pre-AIA the applicant regards as the invention. The claim languages “the complete” appear for the first time, however, read as though they have already been recited. See MPEP 2173.05(e).
As to claims 2-15, claims 2-15 are also rejected because of their dependency on claim 1.
As to claim 20, claim 20 recite limitations “the complete” in line 5 of claim 20. There is insufficient antecedent basis for this limitation in the claim. Claim 20 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 pre-AIA the applicant regards as the invention. The claim languages “the complete” appear for the first time, however, read as though they have already been recited. See MPEP 2173.05(e).
As to claims 21-24, claims 21-24 are also rejected because of their dependency on claim 20.
Allowable Subject Matter
Claims 1-15 and 20-24 are allowable once objections and 112b rejections are corrected.
The following is a statement of reasons for the indication of allowable subject matter:
Popa-Simil – US 20160023081 discloses an electronic measuring system (fig.5A) configured to determine performance-data of a user relating to one or more pedal-strokes exercised by the user on a pedal of a bicycle ([0639, 0662]), said bicycle is provided with two pedal-cranks/arms 511 designed to rotate around a rotation axis (fig.5A), and two pedals 509 which are coupled to said respective two pedal-cranks 511 so that each one describes a pedalling circumference during a complete rotation of the corresponding pedal-crank around said rotation axis, the electronic measuring system (fig.5A) comprises: the pedals customized to hold force sensors with their associated electronics and position sensors, that transmit an unified signal to a data acquisition device mounted on vehicle ([0028, 0085]).
Tetsuka – US 20160089072 discloses computing device 36 may be configured to display a graphical user interface (GUI) 58 to be shown on the display 42 that is mounted on a handlebar of the pedaling device. In the embodiment of FIG. 4, the display 42 is a touch sensitive display with an integrated input device 40 and is capable of both displaying information for the cyclist and receiving touch input from the cyclist, including predetermined crank angles according to the user configurable setting. The cyclist operates the input device 40 by touching areas of the display corresponding to the GUI 58, touch controls, selectors, menus, dialogs, etc. On the GUI 58, a selector 60 divides the pedal crank cycle into a plurality of divisions, each representing a range of degrees of the crank rotation ([0050]).
Note that: user’s selection of crank angles of Tetsuka reference is based on predetermined crank angles ([0050]). However, instant independent claims 1 and 20 requires that the selected/set/chosen pedalling-arc does not have a predetermined fixed value.
Watarai – US 20150306458 discloses a user interface device which is configured to allow a user to set a pedalling-arc comprised in said pedalling circumference of said pedal wherein said pedalling arc does not have a predetermined fixed value ([0018]). However, Watarai fails to disclose determine at least one measurement quantity associated with said force measured in said pedalling-arc set by said user, and determine the performance data of said user in said pedalling-arc based on said determined measurement quantity.
Therrefore, Popa-Simil and Tetsuka and Watarai fail to disclose determine at least one measurement quantity associated with said force measured in said pedalling-arc set by said user, and determine the performance data of said user in said pedalling-arc based on said determined measurement quantity, in combination with the remaining limitations of an electronic measuring system configured to determine performance-data of a user relating to one or more pedal-strokes exercised by the user on a pedal of a bicycle as claimed in independent claim 1.
Popa-Simil and Tetsuka and Watarai also fail to disclose determining, by means of said power meter apparatus, at least one measurement quantity associated with said force measured when the pedal is moving in said set pedalling-arc, and determining, by means of said power meter apparatus, the performance data of said user in said pedalling-arc set by the user, based on said determined quantity, in combination with the remaining limitations of a method for determining performance data of a user relating to the pedal-stroke exercised by the user on a pedal of a bicycle as claimed in independent claim 20.
Note that term “measurement quantity” in claims 1 and 20 would be interpreted as effective force FR (AP) (see page 11 of the instant specification). Note that to act as applicant's own lexicographer, the applicant must clearly set forth a special definition of a claim term in the specification that differs from the plain and ordinary meaning it would otherwise possess. See MPEP 2111.01.
Hence the prior art of record fails to teach the invention as set forth in claims 1-15 and 20-24 and Examiner cannot find specific teaching of the invention, nor reasons within the cited art to combine and/or modify the elements of the prior art of record other than applicant's own reasoning.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRUONG D PHAN whose telephone number is (571)272-8883. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached on 571-272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TRUONG D PHAN/Examiner, Art Unit 2855
/JOHN E BREENE/Supervisory Patent Examiner, Art Unit 2855
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