DETAILED ACTION
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) 16-19, 21-29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kuschmeader et al. (US 2018/0072237).
Regarding claim 16 and 19, 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, a bike holding device 34 comprising a rod 419, 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), and wherein the bike holding device 34 supports the bike in the transport configuration and in the work stand configuration (noting that there is no specific structure defined regarding the holding device and the recitation that it supports the bike in the transport configuration still recites functional language and to the degree claimed, device 34 can support the bike in some manner in the transport configuration).
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 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 secures the bike to the bike carrier in the work stand configuration and wherein the holding device secures the bike to the bike carrier in the transport configuration. As with claim 16, the present claim still functionally recites the bike holding device securing the bike in the transport configuration because the claim is directed to the device and not a method or combination claim of the device and bike.
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.
Allowable Subject Matter
Claims 30, 32-34 are allowed.
Response to Arguments
Applicant's arguments filed 4/9/26 have been fully considered but they are not persuasive. Applicant argues that Kuschmeader does not disclose the bike holding member securing the bike in the transport configuration. However, as noted above, the claims are directed to the device only and the limitations reciting that the holding device “supports” or “secures” the bike in the transport configuration are thereby recitations of intended use. To the degree claimed, the holding device 34 is capable of securing the bike in some manner in the transport configuration, e.g. even if the bike is merely resting on the holding device it would satisfy the present limitation of supporting or securing the bike.
Arguments regarding claim 30 are persuasive and the rejection has been withdrawn.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COREY NELSON SKURDAL whose telephone number is (571)272-9588. The examiner can normally be reached Mon-Fri 9am-4pm EST.
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/COREY N SKURDAL/ Primary Examiner, Art Unit 3734
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