Notice of Pre-AIA or AIA Status
This is a first office action on the merits for application number 18/736,634 filed 6/07/24. Claims 1-13 as amended 6/07/24 are pending. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
The information disclosure statement (IDS) submitted on 6/07/24 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description and claims: “C”, “P”, “h” and “H”. 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. 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.
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 one or more screws (cl. 6), two screws to constrain the rear end portion [cls, 7 and 10) and coupling means arranged to constrain the saddle post to the frame of a bicycle (cl.11) to allow for adjustment of the height of the saddle (cl 13) must be shown or the feature(s) canceled from the claim(s). Fig.5 has a reference number 6 for a screw but only an opening is shown, not a screw. No Figures show two rear screws. 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 11 is objected to because of the following informalities: the claim uses reference number (1) for both a saddle and a shell. At line 2, “shell (1)” should read “shell (2)”. Appropriate correction is required.
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 11-13 are 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 11 is unclear because lines 2-3 define a saddle comprised of a shell and a support frame but then lines 7-8 recite the saddle is of the type of claim 1.
Consistent language must be used for the frame of bicycle. It would always be referenced the same.
The examiner suggests the following:
11. (currently amended) An assembly (10) for a bicycle having a main frame, comprising:
a saddle (1) of claim 1
a saddle post (4), comprising constraining means (8) arranged to constrain the saddle post (4) to the saddle (1) and coupling means arranged to constrain the saddle post (4) to the main frame of the bicycle
In claim 12, it is not clear which frame “the frame” refers to at line 3 as the claims have defined a support frame and main frame (of the bicycle). As best understood the intent is to reference to the main frame of the bicycle.
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 1-5, 8 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2011/160978 to Cappeller.
Cappller provides A saddle (10) for a bicycle comprising:
a shell (12) which has a longitudinal axis and is provided with a front portion (13) and a rear portion (14), aligned along the longitudinal axis;
a support frame (111) (Fig.4), connected to the shell at front fixing point 113 and rear fixing points 114/114a, which is arranged to be connected to a saddle post (page 6, lns. 8-10) and which comprises a metal plate (page 5, lns. 19-20) or “sheet” having a section belonging to a transverse plane perpendicular to the longitudinal axis wherein the sheet comprises a medial portion (136) and two lateral portions (138); in the section, the lateral portions (138) have a thickness H, greater than a thickness h of the medial portion (136).
With respect to claims 2-3, Figure 4 clearly shows lateral portions (138) having at least partial curvilinear profiles which are elongated in the vertical direction to the same extent as applicants.
With respect to claims 4-5, 8 and 9 the frame is dismountably constrained to the shell at front 15 and rear 16 pockets.
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 6, 7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2011/160978 to Cappeller in view of WO 2021/229402 to Morelli.
Cappeller provides each of the elements of the claims as noted above except that the connection means comprises one of more screws (cl. 6), one front screw and two rear screws (cl. 7) or two rear screws (cl. 10).
Morelli teaches the use of pocket connections means comprising a plate 18 and screw 40 as means for constraining and connecting a saddle frame portion to a shell.
It would have been obvious at the time of the effective filing date of the invention to one having ordinary skill in the art that a screw could have been used to secure the front 113 and rear 114/114a frame portions of Cappeller in the shell pockets as taught by Morelli or alternatively to substitute a plate and screw for the constraining pockets 15/16 of Cappeller. Further yet, one of ordinary skill in the art would have readily recognized that the use of a screw, such as a set screw, in the lower flanges of the pockets of Cappeller would have further secured the frame portions in the pockets and a person with ordinary skill has good reason to pursue known options within his or her technical grasp.
It would have been nothing other than substituting one known means for connecting a frame to shell for another absent any unexpected or unpredictable results. The top of page 11 of Morelli recites that the front end may be constrained by ap late and screw of any known retaining mean or alternatively a snap-fit of deformable type connections which recognizes that the equivalence to the substitution.
Moreover, all the claimed elements are known in the prior art and one skilled in the art would have combined the elements at the time of the effective filing date of the invention as claimed by known methods with a reasonable expectation of success with no change to their respective functions, and the combination would have yielded predictable results to one having ordinary skill in the art of using a connecting means with screws.
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2011/160978 to Cappeller in view of U.S. Patent 10,093,371 to Shirai.
Cappeller provides each of the elements of the claims except for constraining means arranged to constrain the saddle pot to the saddle and coupling means arranged to constrain the saddle post to the frame of a bicycle (cl. 11), where the constraining means allows for one of adjusting the position of the saddle in the longitudinal direction or rotation of the saddle around an axis transverse to the longitudinal direction (cl. 12) and the coupling means allows for adjusting the height of the saddle in the vertical direction (cl.13).
Shirai teaches that both a clamp or “constraining means” 15 arranged to constrain a saddle 4 to a saddle post 14 and a coupling means 18 to adjustably constrain the saddle post 14 to the frame 1 of a bicycle were known at the time of the effective filing date of the invention. As discussed at least at col. 9, lines 6+ the rails 4a/4b of the saddle frame may be adjusted along the longitudinal direction. As discussed at at least column 11, line 14 and column 12, lines 64+ the saddle may be rotated around a rotation axis transverse the longitudinal axis and as shown by arrow D1 in Fig.1 post 14 may adjust the height relative to bicycle frame 1.
It would have been obvious at the time of the effective filing date of the invention that the saddle 10 of Cappeller could have been mounted to a bicycle frame 1 with the arrangement of Figure 1 of Shirai to allow for adjustment of the saddle up/down, forward/back as well as for rotation.
Moreover, all the claimed elements are known in the prior art and one skilled in the art would have combined the elements at the time of the effective filing date of the invention as claimed by known methods with a reasonable expectation of success with no change to their respective functions, and the combination would have yielded predictable results to one having ordinary skill in the art of using providing a known mounting means which allows for a variety of adjustments to mount the saddle of Cappeller to a bicycle frame.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Particularly note:
U.S. Patent 12,459,590 to Tsai which fails to qualify as prior art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT CANFIELD whose telephone number is (571)272-6840. The examiner can normally be reached M-F 10-6, some Saturdays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Dunn can be reached at 571-272-6670. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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ROBERT CANFIELD
Primary Examiner
Art Unit 3636
/Robert Canfield/Primary Examiner, Art Unit 3636