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.
Claims 1-5 and 9-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Badameh et al. (WO 2011/002302, Jan 6, 2011) (herein “Badameh”).
Regarding claim 1, Badameh teaches a fitness bike (see Figs. 13 and 16 below), comprising: a frame comprising a handlebar 90 (see Fig. 13 below, and col. 9, lines 4-13) and a body (see Fig. 16, frame of exercise bike); a toggle member (i.e., levers 93,94, see Fig. 13 below and page 9, lines 4-13), wherein one end of the toggle member 93,94 is movably connected to the handlebar 90 (see page 9, lines 4-13), and the toggle member 93,94 is operable to be toggled by a hand gripping on the handlebar 90; and a drive assembly disposed on the body and comprising a load motor 142,142’ (i.e., electric generator as resistance, see page 9, line 31 – page 10, line 22), a transmission mechanism (i.e., drive chain, belt, or shaft 146, see Fig. 15 below), and pedals, wherein a motor shaft (i.e., axle of crank 130) of the load motor 142,142’ is drivingly connected to the pedals via the transmission mechanism 146; wherein the motor shaft is driven to rotate by stepping on the pedals (see page 9, line 31 – page 10, line 22), the load motor 142 is configured to provide resistance, and the resistance is operable to be adjusted by toggling the toggle member 93,94 (see page 9, lines 4-13; and see page 9, line 31 – page 10, line 22).
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Regarding claim 2, Badameh teaches wherein the handlebar comprises a first handle and a second handle (see Fig. 13 above, left and right handles 90), wherein the toggle member comprises a first shift lever 93 disposed on the first handle and a second shift lever 94disposed on the second handle (see Fig. 13 above).
Regarding claim 3, Badameh teaches wherein the first shift lever 93 is an upshift shift lever, and the resistance is increased by toggling the first shift lever; and the second shift lever 94 is a downshift shift lever, and the resistance is decreased by toggling the second shift lever 94 (see page 9, lines 4-13; and see page 9, line 31 – page 10, line 22).
Regarding claim 4, Badameh teaches wherein at least one of the first shift lever 93 and the second shift lever 94 is an upshift/downshift shift lever (see page 9, lines 4-13; and see page 9, line 31 – page 10, line 22), wherein the resistance is increased by toggling the first shift lever or the second shift lever being the upshift/downshift shift lever in a first direction, and the resistance is decreased by toggling the first shift lever or the second shift lever being the upshift/downshift shift lever in a second direction (see page 9, lines 4-13; and see page 9, line 31 – page 10, line 22).
Regarding claim 5, as broadly interpreted, Badameh teaches wherein the transmission mechanism comprises a first multi-wedge wheel (i.e., gearbox 128 or generator 142’, see Fig. 15 above), a second multi-wedge wheel (i.e., gearbox 128 or generator 142, see Fig. 15 above) and a multi-wedge belt (i.e., belt 146), wherein the motor shaft (i.e., pedal crank 130) is drivingly connected to the first multi-wedge wheel 128,142’, the pedals are drivingly connected to the second multi-wedge wheel 128,142, and the multi-wedge belt 146 is sleeved on the first multi-wedge wheel and the second multi-wedge wheel (see Fig. 15 above).
Regarding claim 9, Badameh teaches wherein the fitness bike satisfies at least one of: the frame further comprises a head (i.e., crossbar between handles 90), wherein a button 95,96 is disposed on the head, and the resistance is operable to be adjusted by pressing the button; or the fitness bike further comprises a control screen 100, wherein the resistance is operable to be adjusted by touching the control screen 100 (page 7, lines 23-25; see page 9, lines 4-13).
Regarding claim 10, Badameh teaches wherein the button comprises an upshift button and a downshift button (i.e., where any of buttons 93,94,95,96 can be used to control operation of the exercise bike including using buttons on touchscreen 100; page 7, lines 23-25; see page 9, line 4 -page 10, line 9), wherein the resistance is operable to be increased by pressing the upshift button, and the resistance is operable to be decreased by pressing the downshift button; or the button is a gear cycle button, and a resistance gear of the load motor is operable to be cyclically changed by pressing the gear cycle button (page 7, lines 23-25; see page 9, line 4 -page 10, line 9).
Regarding claim 11, Badameh teaches wherein the fitness bike satisfies at least one of: the frame further comprises a head (i.e., crossbar between handles 90), wherein a button 95,96 is disposed on the head, and the resistance is operable to be adjusted by pressing the button; or the fitness bike further comprises a control screen 100, wherein the resistance is operable to be adjusted by touching the control screen 100 (page 7, lines 23-25; see page 9, lines 4-13).
Regarding claim 12, Badameh teaches wherein the fitness bike satisfies at least one of: the frame further comprises a head (i.e., crossbar between handles 90), wherein a button 95,96 is disposed on the head, and the resistance is operable to be adjusted by pressing the button; or the fitness bike further comprises a control screen 100, wherein the resistance is operable to be adjusted by touching the control screen 100 (page 7, lines 23-25; see page 9, lines 4-13).
Regarding claim 13, Badameh teaches wherein the fitness bike satisfies at least one of: the frame further comprises a head (i.e., crossbar between handles 90), wherein a button 95,96 is disposed on the head, and the resistance is operable to be adjusted by pressing the button; or the fitness bike further comprises a control screen 100, wherein the resistance is operable to be adjusted by touching the control screen 100 (page 7, lines 23-25; see page 9, lines 4-13).
Regarding claim 14, Badameh teaches wherein the fitness bike satisfies at least one of: the frame further comprises a head (i.e., crossbar between handles 90), wherein a button 95,96 is disposed on the head, and the resistance is operable to be adjusted by pressing the button; or the fitness bike further comprises a control screen 100, wherein the resistance is operable to be adjusted by touching the control screen 100 (page 7, lines 23-25; see page 9, lines 4-13).
Allowable Subject Matter
Claims 6-8 and 15-17 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.
Regarding claim 6, none of the prior art either alone or in combination teach or suggest all the limitations of the preceding and intervening claims and further reciting wherein the drive assembly further comprises a tensioning mechanism, wherein the tensioning mechanism comprises a tensioning wheel, a tensioning bolt and a rotary connector, wherein one end of the rotary connector is capable of rotating about a first axis, the tensioning wheel is connected to the rotary connector and is pressed against an outer side of the multi-wedge belt, and the tensioning bolt is operable to be pressed against the rotary connector.
Claims 7-8 and 15-17 depend either directly or indirectly from claim 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW S LO whose telephone number is (571)270-1702. The examiner can normally be reached Mon. - Fri. (9:30 am - 5:30 pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW S LO/Primary Examiner, Art Unit 3784