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 § 102
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.
Claim(s) 1-9 and 12-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Settelmayer (US 2020/0070734 A1).
Regarding claim 1, Settelmayer discloses a bicycle carrier (100) comprising: a platform (120A/120B) configured to support a bicycle tire; a wheel securement arm (300, to the degree that the arm and ratcheting system thereon lock the system in a wheel securing configuration) pivotally attached to the platform, wherein a portion of the wheel securement arm comprises a ratchet rack (304); a support arm (208A/208B, to the degree that the arm 208A/208B directly supports a bicycle wheel) pivotally connected at a first end (noting 204 on end/side 208B) thereof to the platform (120A), a latch body (302) slidably disposed on the wheel securement arm (300); a ratchet pawl (310) pivotally disposed on the latch body and configured to engage the ratchet rack (304) to prevent translation of the latch body on the wheel securement arm in a first direction; wherein the support arm is pivotally connected (via 356) at a second end thereof (noting 208A) to the latch body.
Regarding claim 2, Settelmayer discloses the ratchet rack (304) comprises a plurality of indentations (Figs. 6-9) formed in the body of the wheel securement arm (300).
Regarding claim 3, Settelmayer discloses a trigger (312) attached to the ratchet pawl (via housing 351), the trigger configured to disengage the ratchet pawl from the ratchet rack (Figs. 7A-8B).
Regarding claim 4, Settelmayer discloses the trigger (312) is pivotally attached to the latch body (Figs. 7A-8B).
Regarding claim 5, Settelmayer discloses the latch body further comprises a handle (350) portion configured to be gripped by a user (to the degree that portion 350 can be gripped by the user when manipulating the arms or trigger 312).
Regarding claim 6, Settelmayer discloses the trigger pivots to a position adjacent to the handle (noting the Figs. 8A/8B the trigger is pivoted and adjacent the handle 350) to disengage the ratchet pawl from the ratchet rack.
Regarding claim 7, Settelmayer discloses the trigger further comprises a handle portion (noting the distal end of the lever arm of 312) configured to be gripped by a user.
Regarding claim 8, Settelmayer discloses sliding the latch body in the first direction pivots the wheel securement arm to an open position for receiving a bicycle tire (noting the transition from Fig. 1 to Fig. 3).
Regarding claim 9, Settelmayer discloses sliding the latch body in a direction opposite the first direction pivots the wheel securement arm to a closed position adjacent to the platform (noting the transition from Fig. 3 to Fig. 1).
Regarding claim 12-13, Settelmayer discloses a bicycle carrier (100) comprising: a platform (120) configured to support a bicycle tire; a wheel securement arm (300, to the degree that the arm and ratcheting system thereon lock the system in a wheel securing configuration) pivotally attached to the platform; a ratchet rack (304) disposed in a longitudinal orientation on the wheel securement arm; a support arm (208A/208B, to the degree that the arm 208A/208B directly supports a bicycle wheel) pivotally connected at a first end thereof to the platform (at 206); a latch body (350) connected to the support arm (at 356) and slidably disposed on the wheel securement arm (arm 300 and latch body 350 slide relative to one another); and a ratchet pawl (310) mounted on the latch body and configured to engage the ratchet rack (Figs. 7A and 7B), the ratchet rack comprises a series of indentations formed in the wheel securement arm Figs. 7A and 7B.
Regarding claim 13-14, Settelmayer discloses a trigger (312) mounted on the latch body and configured to disengage the ratchet pawl from the ratchet rack (Fig. 7B).
Regarding claim 15, Settelmayer discloses the trigger (312) is pivotally attached to the latch body (Figs. 7A-8B).
Regarding claim 16, Settelmayer discloses the trigger is configured to be squeezed toward a handle portion of the latch body (to the degree that the portion between the trigger 312 extending to 356 can be grabbed by a user and therefore is considered a handle to the degree disclosed).
Regarding claim 17, Settelmayer discloses the ratchet pawl, when engaged with the ratchet rack, prevents the latch body from sliding toward a proximal end of the wheel securement arm (to the degree that the end 320 is considered a proximal end relative to the housing 350, Fig. 5).
Regarding claim 18, Settelmayer discloses a first distance between the latch body and the first end of the support arm is a fixed length noting the latch body is attached to the support arm at a fixed point (356) along the length of the support arm.
Allowable Subject Matter
Claims 10-11 are 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.
Response to Arguments
Applicant's arguments filed 18 February 2026 have been fully considered but they are not persuasive.
Applicant argues that Settelmayer fails to teach or disclose “a portion of the wheel securement arm comprises a ratchet rack” or the “latch body slidably disposed on the wheel securement arm” Examiner respectfully disagrees. Examiner notes the arm 300 of Settelmayer meets the claimed limitations described of the wheel securement arm as it comprises a ratchet rack, and is pivotally attached to the platform. The arm 300 is considered to meet the limitation of being a “wheel securement arm” as the arm and ratcheting system thereon lock the system in a wheel securing configuration. Examiner notes that the pawl/trigger housing 350 is slidably mounted to the wheel securement arm 300 and pivotally attached to the support arm at 356. Absent additional limitations distinguishing the wheel securement arm and the support arm, the arm 300 of Settelmayer is considered to meet the limitations of a wheel securement arm, and the arm 208A/208B is considered to meet the limitations of the support arm.
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 MATTHEW T THEIS whose telephone number is 571-270-5700. The examiner can normally be reached 7:00 am - 5:00 pm Monday - Thursday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/M.T.T./Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734