DETAILED ACTION
The present application, filed on 08/29/2024, is being examined under the first inventor to file provisions of the AIA .
The following is a Non-Final Office Action on the merits in response to applicant’s filing from 08/29/2024.
Claims 16-30 are pending and have been considered below.
Priority
The application claims foreign priority to DE 102022107975, filed on 04/04/2022; and is a 371 of PCT/EP2023/056284, filed on 03/13/2023. The priority is acknowledged.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 08/29/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
Claim Objections
Claim 17, line 2 is objected to because of the following informalities: “in axial direction” should read, “in an axial direction”. Appropriate correction is required.
Claim 24, line 2 is objected to because of the following informalities: “the bicycle” should read, “a bicycle”. Appropriate correction is required.
Claim 26, line 3 is objected to because of the following informalities: “the bicycle” should read, “a bicycle”. Appropriate correction is required.
Claim 27, lines 3-4 is objected to because of the following informalities: “the thread of the screw” should read, “a thread of the screw”. Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 16-17, 19-21, and 24-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Watarai (US 2017/0016526), as cited by Applicant.
Regarding claim 16, Watarai discloses a module {Fig. 3} comprising: a module element {20} comprising a hole {36+40}, the hole {28A+40} having a first portion {28A} and a second portion {40}; a bushing {34} inserted into the first portion {28A} of the hole {28A+40}; and a pin {42} inserted into the second portion {40: “the locking member 42 is formed so as to plug the slit 40, and is formed, for example, in a circular arc shape. The locking member 42 can be press-fitted in the slit 40” [0091]} of the hole {28A+40}, wherein the first portion {28A} and the second portion {40} are arranged next to each other so that the inserted bushing {34} and the inserted pin {42} are also next to each other {Fig. 4}, wherein the inserted bushing {34} and the inserted pin {42} interact with each other {Fig. 4}, and wherein the module is configured such that, as a result of this interaction, the bushing {34} is held in the hole {28A+40} and is secured against falling out of the hole {28A+40: “loosening of the male threads 32B of the bolts 32 relative to the female threads 36A of the adjustment members 34 is suppressed, by the male threads 32B of the bolts 32 biting into the locking members 42” [0111]}.
Regarding claim 17, Watarai discloses the bushing {34} is displaceable in axial direction {CA (Figs. 4-5)}, parallel to a center axis {dotted line (Fig. 3)} of the bushing {34}, relative to the module element {20}, and wherein a rotation of the bushing {34} about its center axis {dotted line (Fig. 3)} and relative to the module element {20 (28)} is blocked {“the adjustment members 34 are suppressed from rotating relative to the first attaching parts 28 around the central axes thereof” [0107]}.
Regarding claim 19, Watarai discloses the pin {42} is a tension pin {42}, which is radially pre-tensioned {“press-fitted” [0091]} with respect to its center axis {dotted line (Fig. 3)} so that it presses radially outwards against the bushing {34: “the locking member 42 is formed so as to plug the slit 40, and is formed, for example, in a circular arc shape. The locking member 42 can be press-fitted in the slit 40 of the adjustment member 34” [0091]}.
Regarding claim 20, Watarai discloses the bushing {34} and the pin {42} engage with each other {Fig. 4}, and wherein a rotation of the bushing {34} about its center axis {dotted line (Fig. 3)} is blocked {“the adjustment members 34 are suppressed from rotating relative to the first attaching parts 28 around the central axes thereof” [0107]; “Each of the adjustment members 34 includes the locking member 42. According to this configuration, loosening of the male threads 32B of the bolts 32 relative to the female threads 36A of the adjustment members 34 is suppressed, by the male threads 32B of the bolts 32 biting into the locking members 42” [0111]}.
Regarding claim 21, Watarai discloses the bushing {34} has a notch {40} in which the pin {42} engages {Figs. 3-4}.
Regarding claim 24, Watarai discloses the module element {20} is a housing {20: “housing 20” [0076]} for a drive system {10 (Fig. 1): “drive unit 10” [0076]} of the bicycle {“bicycle” [0076]}.
Regarding claim 25, Watarai discloses the bushing {34} and the first portion {28A} of the hole {28A+40} are formed with a clearance fit relative to each other {Figs. 3-4: “the adjustment member 34 is press-fitted into the insertion bore 28A of the first attaching part 28. Thus, the adjustment member 34 is frictionally retained in a prescribed position with respect to the first attaching part 28” [0090]}, and wherein the pin {42} and the second portion {40} of the hole {28A+40} are formed with a clearance fit relative to each other {Figs. 3-4: “The shape of the locking member 42 is formed so as to plug the slit 40, and is formed, for example, in a circular arc shape. The locking member 42 can be press-fitted in the slit 40 of the adjustment member 34” [0091]}.
Regarding claim 26, Watarai discloses a method for mounting the module according to claim 16, the method comprising: inserting a connecting element {32} into a bicycle part {100} for the bicycle {“bracket 100, which is a part of a bicycle frame of a bicycle” [0076]} and into the bushing {34: “adjustment member 34 has a bore 36 in which the one of the bolts 32 can be inserted” [0090]} to connect the module {Fig. 3} to the bicycle part {100 (Fig. 5): “The drive unit 10 is configured to be attached to the bracket 100 by a plurality of bolts 32” [0083]}.
Regarding claim 27, Watarai discloses the connecting element {32} is a screw {32 (Fig. 5)}, wherein the bushing {34} has an internal thread {36A}, which is engageable with the thread {32B} of the screw {32: “A male thread 32B of the bolt 32 is screwed to the female thread 36A of the adjustment member 34” [0094]}, and wherein, when the screw {32} is screwed into the bushing {34}, the bushing {34} is axially displaced relative to the module element {20: axially displaced from “only half thereof inserted” to protruding less than halfway (associated with gap G1); see [0102-0105]}.
Regarding claim 28, Watarai discloses a bicycle {“bicycle” [0076]} comprising: the module {Fig. 3} according to claim 16; and a frame {100: “bracket 100, which is a part of a bicycle frame” [0076]}, wherein the module {Fig. 3} is connected to the frame {100} via a screw {32} screwed into the bushing {34: “As shown in FIG. 5, each of the first attaching parts 28 can be attached to the bracket 100 by one of the bolts 32, which is inserted in the bore 36 of the adjustment member 34. Specifically, the bolt 32 is screwed to the adjustment member 34 in a state in which the end surface of the adjustment member 34 in the crankshaft direction CA comes in contact with the first flange 104A of the bracket 100” [0094]}.
Regarding claim 29, Watarai discloses a kit {Fig. 3} for a bicycle {“bicycle” [0076]} comprising: a module element {20} with a hole {28A+40}, the hole {28A+40} having a first {28A} and a second portion {40}; a bushing {34}; and a pin {42}, wherein the hole {28A+40}, the bushing {34} and the pin {42} are adapted to one another such that the bushing {34} is insertable into the first portion {28A} of the hole {28A+40}, the pin {42} is insertable into the second portion {40: “the locking member 42 is formed so as to plug the slit 40, and is formed, for example, in a circular arc shape. The locking member 42 can be press-fitted in the slit 40” [0091]} of the hole {28A+40}, and the inserted pin {42} and the inserted bushing {34} then are able to interact with one another such that the bushing {34} is held in the hole {28A+40} and secured against falling out of the hole {28A+40: “loosening of the male threads 32B of the bolts 32 relative to the female threads 36A of the adjustment members 34 is suppressed, by the male threads 32B of the bolts 32 biting into the locking members 42” [0111]}.
Regarding claim 30, Watarai discloses a method {Figs. 6-9} for assembling a module {Fig. 3}, the method comprising: providing the kit {Fig. 3} according to claim 29; inserting the bushing {34} into the first portion {28A} of the hole {28A+40} of the module element {20}; and inserting the pin {42} into the second portion {40} of the hole {28A+40} of the module element {20}, wherein the inserted bushing {34} and the inserted pin {42} interact with each other and, due to the interaction, the bushing {34} is held in the hole {28A+40} and a subsequent falling out of the bushing {34} from the hole {28A+40} is prevented {Fig. 5: “loosening of the male threads 32B of the bolts 32 relative to the female threads 36A of the adjustment members 34 is suppressed, by the male threads 32B of the bolts 32 biting into the locking members 42” [0111]}.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 18 and 22-23 are rejected under 35 U.S.C. 103 as being unpatentable over Watarai in view of Eberhard (DE 202015/001300), as cited by Applicant.
Regarding claim 18, Watarai discloses all the aspects of claim 16. However, Watarai does not explicitly disclose the pin presses the bushing against an inner wall delimiting the first portion of the hole, and wherein the bushing is held in the hole.
Eberhard teaches a pin {7} presses a cylindrical component {1 (2+3)} against an inner wall {right side wall of 6 in contact with 3 (Fig. 4)} delimiting the first portion {portion of hole in 6 that houses 3 (Fig. 4)} of the hole {hole in 6 that houses 3 and 7}, and wherein the cylindrical component {1 (2+3)} is held in the hole {hole in 6 that houses 3 and 7 (Fig. 4)}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the module, as disclosed by Watarai, such that the pin presses the bushing against an inner wall delimiting the first portion of the hole, and wherein the bushing is held in the hole, as taught by Eberhard, so that “The function of a rotation prevention is fulfilled, since the forces causing a rotation can be absorbed sufficiently and reliably via a positive fit without a rotation occurring” [0032].
Regarding claim 22, Watarai discloses the module according to claim 21, wherein the pin {42} is partially cylindrical {Figs. 3-4: “The shape of the locking member 42 is formed so as to plug the slit 40, and is formed, for example, in a circular arc shape” [0091]}, wherein the notch {40} is formed in the lateral surface of the bushing {34}, wherein the notch {40} is in form of a cylinder segment {Fig. 3}, and wherein a shape of the notch {40} is adapted to the shape of the pin {42} so that the pin {42} engages in the notch {40} in a form-fitting manner {“the locking member 42 is formed so as to plug the slit 40, and is formed, for example, in a circular arc shape. The locking member 42 can be press-fitted in the slit 40 of the adjustment member 34” [0091]}.
However, Watarai does not explicitly disclose the pin is cylindrical.
Eberhard teaches the pin {7} is cylindrical {Fig. 4: “securing element 7 is designed as a cylindrical pin” [0036]}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the module, as disclosed by Watarai, such that the pin is cylindrical, as taught by Eberhard, so that “the component 1 arranged in a support plate 6 is secured against rotation by means of a securing element 7 in the form of a securing pin which engages in the recess 4 and is arranged flush in the receptacle 8 of the support plate 6” [0032].
Regarding claim 23, Watarai discloses the module according to claim 16, wherein each of the first portion {28A} and the second portion {40} is bounded by an inner wall {28B (Fig. 3)} having a shape of a lateral surface of a cylinder segment {28A}, wherein each cylinder segment {28A} is larger than a half cylinder {full cylinder (Fig. 3)}.
However, Watarai does not explicitly disclose a distance between cylinder axes of the cylinder segments is smaller than a sum of cylinder radii of both cylinder segments and larger than each individual cylinder radius of the two cylinder segments.
Eberhard teaches each of the first portion {portion of 6 surrounding 1 (2+3) and in contact with 1 (Figs. 3-4)} and the second portion {8 (portion of 6 surrounding 7 and in contact with 7)} is bounded by an inner wall {inner wall of 6} having a shape of a lateral surface of a cylinder segment {Figs. 3-4}, wherein each cylinder segment {portion of 6 surrounding 1, and 8} is larger than a half cylinder {Fig. 3}, a distance {horizontal distance between the two vertical dotted lines in Fig. 3} between cylinder axes {dotted line through the center of 7, and 10 (dotted line through center of 2+3)} of the cylinder segments {portion of 6 surrounding 1, and 8} is smaller than a sum of cylinder radii {the distance is smaller than the radius of 7+radius of 3 (Fig. 3)} of both cylinder segments {portion of 6 surrounding 1, and 8} and larger than each individual cylinder radius {the distance is larger than the radius of 7, or the radius of 3 (Fig. 3)} of the two cylinder segments {portion of 6 surrounding 1, and 8}.
In light of these teachings, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the module, as disclosed by Watarai, such that a distance between cylinder axes of the cylinder segments is smaller than a sum of cylinder radii of both cylinder segments and larger than each individual cylinder radius of the two cylinder segments, as taught by Eberhard, so that “the component 1 arranged in a support plate 6 is secured against rotation by means of a securing element 7 in the form of a securing pin which engages in the recess 4 and is arranged flush in the receptacle 8 of the support plate 6” [0032].
Conclusion
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/Daniel M. Keck/Patent Examiner, Art Unit 3614
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