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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/28/26 (hereinafter Response) has been entered. Examiner notes that claims 1, 6, 16 have been amended. Claims 1-17 and 19-31 remain pending in the application.
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 6, 13, and 16 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.
Regarding claim 6, the terms “a middle portion” and “a rearward portion” render the claims indefinite because they lack clear antecedent basis. Claim 1, which claim 6 depends from establishes antecedent basis for the terms “an intermediate portion” and “a rearward portion,” and thus, it is unclear if the reintroduction of the terms “a middle portion” and “a rearward portion” in claim 6 is intending to refer back to the previously introduced terms or if they are separate/different portions.
Regarding claims 13 and 16 the term “an unfolded position” renders the claim indefinite because it lacks clear antecedent basis. Claim 1, which claims 13 and 16 depends from establishes antecedent basis for the term “an unfolded position,” and thus, it is unclear if the reintroduction of the term “an unfolded position” in claims 13 and 16 is intending to refer back to the previously introduced term or if it is a separate/different unfolded position.
Any claim not specifically addressed under 112(b) is rejected as being dependent on a claim rejected under 112(b).
Allowable Subject Matter
Claims 6, 13, and 16 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Reasons for Allowance
The following is the Examiner’s statement of reasons for allowance.
Every element of the currently amended claims is not taught by any of the references individually and the prior art of record fails to permissibly teach the overall combination as claimed. Even if one could construe the prior art of record such that the combination disclosed each and every limitation of the currently amended claims, the ordered combination would not have been obvious to one ordinarily skilled in the art because doing so would require improper hindsight reasoning in view of the present Specification, and furthermore, there is not teaching, suggestion, or motivation to combine the aforementioned references in references themselves or in knowledge generally available to one of ordinary skill in the art before the effective filing date of the claimed invention.
The closest prior art of record CN 207060287 U to He generally discloses generally discloses a folding bicycle transmission/swingarm as claimed in independent claims 1, 9, and 17. However, He does not specifically disclose:
(1) “said gear connection comprises an input gear and an output gear; and when said vehicle is in an unfolded position said input gear is in a facing relationship with said output gear and said input gear is co-axial with said output gear”;
(9) “said input drive coupler and said output drive coupler are mutually self-centering such that central axes of each of said input drive coupler and said output drive coupler are aligned when mated”
(17) “said foldable swing arm including an internal disc brake; wherein said folding swing arm includes a housing, and said disc brake is contained within said housing”;
in combination with the other limitations of the claim.
Even if each and every element of the present invention were taught individually by the aforementioned references, combining the references as an ordered combination would not have been obvious to one ordinarily skilled in the art because doing so would require improper hindsight reasoning in view of the present Specification, and furthermore there is no teaching, suggestion, or motivation to combine the aforementioned references present in the aforementioned references themselves or in knowledge generally available to one of ordinary skill in the art.
In view of the foregoing, claims 1-5, 7-12, 14, 15, 17 and 19-31 are allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B WEHRLY whose telephone number is (303)297-4433. The examiner can normally be reached Monday - Friday, 8:30 - 4:30 MT.
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/CHRISTOPHER B WEHRLY/Primary Examiner, Art Unit 3611
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