DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 21 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 21 recites the limitation "the bike platform" in line 2/3. There is insufficient antecedent basis for this limitation in the claim.
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) 16-33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuschmeader et al. (US 2018/0072237).
Regarding claim 16, Kuschmeader discloses a bike carrier system 1 for rear mounting a bike to a motor vehicle, the bike carrier system comprising: a transport configuration (Figure 8) to transport the bike; and a work stand configuration (Figure 28) to perform maintenance on the bike, wherein the bike carrier system is configured to adjust between the transport configuration and the work stand configuration (see the adjustment in positioning between Figures 8 and 28).
Regarding claims 17 and 18, the bike carrier system comprises a bike support platform 18/30/20/32 configured to support the bike, the bike support platform 18/30/20/32 configured to move between a first position (Figure 8) in the transport configuration to a second position (Figure 28) in the work stand configuration.
Regarding claim 19, the bike carrier system 1 comprises a bike holding device 34 comprising a rod 419.
Regarding claim 20, the bike holding device 34 is configured to support the bike in the transport configuration and in the work stand configuration. Specifically, there is no specific structure defined by this claim – only that the device is configured/capable of supporting the bike in both configurations. Because holding device 34 is capable of clamping a bicycle in both configurations, the claim is anticipated by the Kuschmeader carrier system 1.
Regarding claim 21, the bike holding device 34 is configured to support the bike in the work stand configuration (Figure 28) spaced away from the ground and the bike support platform 18/30/20/32.
Regarding claim 22, the bike holding device comprises a receiving portion 471 configured to receive a portion of the bike supported by the holding device in the transport configuration.
Regarding claims 23 and 24, the bike holding device 34 is configured to hold the bike further from a rear of the motor vehicle (for example the bumper) in the work stand configuration than in the transport configuration (as shown in Figure 28, the bike is further from the bumper than would be in the position shown in Figure 8) and rod 419 extends further away from the rear (bumper) in the work stand configuration (Figure 28) than in the transport configuration (Figure 8).
Regarding claim 25, the bike holding device 34 comprises a bike fixation device 410/412/414 configured to releasably engage a portion of the bike.
Regarding claim 26, the bike holding device is configured to adjust between a use position Figure 28, shown rotated and extended) and a stow position (Figure 8, parallel with platform 18/30/20/32).
Regarding claim 27, the bike holding device comprises a locking device 418/438/440 configured to lock the bike holding device in the use position, the stow position, or both.
Regarding claim 28, Kuschmeader discloses a bike holding device 34 for a bike carrier mountable to a motor vehicle, the bike holding device comprising: a transport configuration (Figure 8) to transport the bike; and a work stand configuration (Figure 28) to perform maintenance on the bike, wherein the bike holding device is releasably attached (418/421/438/440) to the bike carrier and configured to secure the bike in the work stand configuration.
Regarding claim 29, a wheel of the bike is rotatable about an axle of the wheel in the work stand configuration – see Figure 28 wherein nothing is engaged to the wheel and the wheel is free to rotate as claimed.
Regarding claim 30, Kuschmeader discloses a bike stand retrofit system 34 for a bike carrier mountable to a motor vehicle, the bike stand retrofit system comprising: a bike holding device 34; and a locking device 418/419/438/440 configured to secure the bike holding device relative to a bike support platform, wherein the bike stand retrofit system is configured to adjust the bike carrier between a transport configuration (Figure 8) to transport the bike and a work stand configuration (Figure 28) to perform maintenance on the bike.
Regarding claim 31, the locking device comprises a support rod 419 configured to attach to the bike stand retrofit system at a first end.
Regarding claim 32, the bike stand retrofit system comprises an arm 402 releasably attached to the bike carrier.
Regarding claim 33, to the degree presently claimed, clamp 410/412 is considered an accessory holder, noting that no specific structure is defined and the claim further does not already define a clamping structure for securing the bike itself.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 2020/0406830 to Owen et al. discloses a hitch mounted bicycle carrier with a transport configuration (Figure 2) to transport the bike; and a work stand configuration (Figure 4) to perform maintenance on the bike, wherein the bike carrier system is configured to adjust between the transport configuration and the work stand configuration (see the adjustment in positioning between Figures 2 and 4).
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/COREY N SKURDAL/ Primary Examiner, Art Unit 3734