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) 1-5, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Okajima et al (US 6,647,826).
Okajima et al disclose a bicycle pedal comprising: a pedal block (10) having an elongated quasi-cuboid structure characterized by (i) a first foot-contacting surface (top, see Fig 1) on one face having a first front end and a first back end (left side, right side, see Fig 1), (ii) a second foot-contacting surface (bottom, see Fig 1) on an opposite face having a second front end and a second back end (right side, left side, see Fig 1); and (iii) a longitudinal axis, a length whose extent substantially parallels the longitudinal axis (see Fig 2), and a width whose extent is substantially perpendicular to the longitudinal axis (see Fig 2); and a pedal spindle (16) disposed in the pedal block (10) between the first foot-contacting surface and the second foot-contacting surface (see Fig 8), substantially parallel to the width; the pedal spindle comprising an axle and a crank attachment (22) and being configured such that, when the crank attachment (22) is fixedly coupled to a bicycle crank arm (14), the pedal block (10) can freely rotate about the pedal spindle (16); wherein the first foot-contacting surface and the second foot-contacting surface are each contoured to contact a substantial portion of a foot of a rider whose foot is disposed on either the first foot-contacting surface or the second foot-contacting surface (see Fig 1); and wherein the first front end is disposed opposite the second back end, and the first back end is disposed opposite the second front end (see Fig 1).
Re claim 2, the first foot-contacting surface is contoured, relative to a planar surface, to have, moving from the first front end to the first back end, a rise, a dip and an arch support; the rise, the dip and the arch support configured to correspond, respectively, to toes, metatarsals and arch of the foot (see Fig 1).
Re claim 3, a front half of the first foot-contacting surface is characterized by an average front width, a back half of the first foot-contacting surface is characterized by an average back width, and the average front width is greater than the average back width (see Fig 1).
Re claim 4 the first foot-contacting surface and the second foot-contacting surface have matching surface contours (see Fig 1).
Re claim 5, the first foot-contacting surface and the second foot-contacting surface have different surface contours (see Fig 2).
Re claim 19, Okajima et al disclose a pedal conversion kit comprising: a first pedal block (10)and a second pedal block (col.4 lines 39-42); wherein each of the first pedal block and second pedal block has (i) an elongated quasi-cuboid structure characterized by (A) a first foot-contacting surface on one face having a first front end and a first back end (see Fig 1), (B) a second foot-contacting surface on an opposite face having a second front end and a second back end (see Fig 1); (C) a longitudinal axis, a length whose extent substantially parallels the longitudinal axis (see Fig 3), and a width whose extent is substantially perpendicular to the longitudinal axis (see Fig 3); and (ii) a pedal spindle (16) disposed between the first foot-contacting surface and the second foot-contacting surface (see Fig 8), substantially parallel to the width (see Fig 3);wherein the first front end is disposed opposite the second back end, and the first back end is disposed opposite the second front end (see Fig 1).
Allowable Subject Matter
Claim 18 is allowed.
Claims 7-17, 20, and 21 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
Upon further consideration, the recited limitations of canceled claim 6 are not deemed allowable. Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICKY A JOHNSON whose telephone number is (571)272-7106. The examiner can normally be reached Monday - Friday.
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, John R Olszewski can be reached at 571-272-2706. 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.
/VICKY A JOHNSON/Primary Examiner, Art Unit 3617
Prosecution Insights