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, 2, 10, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muraoka (US 5,687,492).
Muraoka discloses a bicycle platform for releasably attaching a shoe to a pedal of a bicycle, the platform comprising a base (1) having an underside and a topside (see Fig 1), the underside being adapted to receive a cleat (3), the cleat (3) being for engagement with the pedal of the bicycle, the platform further comprising a toe engagement member (2b) and a heel engagement member (2a) for selectively retaining a shoe in engagement with the platform.
Re claim 2, wherein the heel engagement member (2a) and the toe engagement member (2b) are each moveable between an engaged position where they retain the shoe in place and a released position where the shoe is releasable from the platform, the platform further comprising a release mechanism for selectively releasing either or both the toe engagement member and the heel engagement member from an engaged position to a released position (col. 2. Line 27 – col 3 line 8).
Re claim 10, the release mechanism is adapted for manual activation.
Re claim 17, Muraoka discloses a bicycle platform comprising a base (1) having an underside and a topside, the underside being adapted to receive a cleat (3), the cleat (3) being for engagement with a pedal of a bicycle, the platform further comprising an engagement member (2a) for selectively retaining a shoe in engagement with the platform, wherein the engagement member (2a) is moveable between an engaged position where the shoe is retained in engagement with the shoe and a released position where the shoe is releasable from the platform, the platform further comprising a release mechanism for moving the engagement member between the engaged position and the released position wherein the release mechanism is remotely activated.
Re claim 18, the release mechanism is additional manually activated.
Allowable Subject Matter
Claims 3-16 and 19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 5086576 shoe platform
US 7509757 straps
US 20130312290 cleat
EP 3098155 shoe platform
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