DETAILED ACTION
This is the first Office Action on the merits based on the 18/846,991 application filed on 09/13/2024. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-11, as originally filed, are currently pending and considered below.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/13/2024 was filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
`This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are:
The claim limitation “one or more sensor means” present in claims 1-11 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “means” for performing the claimed function;
b) The term “means” is modified by the functional language “to detect at least one biometric/performance parameter of said user during the use of said bicycle and of said exercise bike”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “one or more sensors” present in claims 1-11, this limitation is taken to describe “heart rate monitors, tachometers, odometers, altimeters, calorie counters, work meters, power meters” (Page 10 of Instant Specification).
The claim limitation “constraining means” present in claim 4 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “means” for performing the claimed function;
b) The term “means” is modified by the functional language “to constrain said first coupling portion and second coupling portion to each other”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “constraining means” present in claim 4, this limitation is taken to describe “at least a first constraining hole 26 which is obtained through at least part of the projecting end 22 and at least a second constraining hole 27 which is accessible from the outside and is obtained through at least part of the second coupling portion 21.” (Page 13).
The claim limitation “braking means” present in claim 7 will be treated as invoking 35 U.S.C. 112(f). The claim limitation passes the three-prong test for determining invocation, defined in 35 U.S.C. 112(f):
a) Uses the generic placeholder “means” for performing the claimed function;
b) The term “means” is modified by the functional language “to counteract the axial rotation of said first wheel by exerting onto said first wheel at least one pedal resistance force”;
c) No other language in the claim adds sufficient structure, material, or acts for performing the claimed functions.
With the invocation of 35 U.S.C. 112(f) to the claim limitation “braking means” present in claim 7, this limitation is taken to describe “brake rollers” (Page 6 Lines 26-27).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 1 is objected to because of the following informalities:
On lines 1-2, “for exercise of cycling” should be corrected to ---for cycling---
On line 17, “an exercise bike” should be corrected to --- a stationary exercise bike---
On line 21, “bicycle and said exercise bike” should be corrected to --- bicycle or said exercise bike ---
Claim 3 is objected to because of the following informalities:
On line 5, “insertable to size” should be corrected to --- sized and insertable ---
Claim 11 is objected to because of the following informalities:
On line 7, “said screen” should be corrected to ---said at least one screen---
Appropriate correction is required.
Claim Rejections - 35 USC § 103
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 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 1, 7, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Koeninger (DE 102017010163; 07/15/2019) in view of Mihelic (US Patent Pub. No. 2005/0001404; PD: 01/06/2005).
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Regarding claim 1, Koeninger discloses sports equipment (See Figures 1 and 2) for exercise of cycling, the sports equipment comprising: at least one main body (See annotated box in Figure 1) provided with at least one seat (See annotated box in Figure 1 above) intended to support a weight of at least one user (i.e., the user seen in Figures 1 and 2), with at least one pair of pedals (i.e., the pedals of the bike in Figures 1 and 2) employable by said at least one user for pedaling and with at least one first wheel (i.e., the rear wheel seen in Figure 1 above) which can rest on a ground; - at least one auxiliary body (i.e., the front fork with handle bars 7 connected to the main body as annotated in Figure 1 above) provided with at least one second wheel (i.e., the front wheel annotated in Figure 1 above) which can rest on the ground and with at least one handlebar (i.e., the handlebars annotated in Figure 1 above), said at least one main body and said at least one auxiliary body define a bicycle (i.e., the front fork with handle bars 7 connected to the main body as annotated in Figure 1 above to form a bicycle); - at least one electronic station (Mobile ergometer 11; Figure 2) to which said at least one main body is connectable in a removable manner in at least a second configuration of use of said sports equipment wherein said at least one main body and said electronic station define an exercise bike (i.e., the second configuration is seen in Figure 2 where the electronic station forms a stationary exerciser bicycle by connecting to the rear wheel of the main body); - one or more sensors (Sensors 8 and 9; Figure 2) which are associated with said at least one main body and are adapted to detect at least one biometric/performance parameter of said at least one user during the use of said bicycle and of said exercise bike, said electronic station being operatively connected to said one or more sensors in said second configuration of use to receive from said one or more sensors, said at least one biometric/performance parameter and being configured to provide said at least one user with said at least one biometric/performance parameter (Abstract “In this case, methods are used to transmit and use the sensor technology of the pedelec, such as power and rotational speed measurement (8) and vital parameters sensor technology, such as heart rate measurement (9), preferably wirelessly to control unit and preferably to control the support levels of the pedelec according to the desired training course , In order to optimize the training success, the parameters of the individual trainings can be transferred to an online portal in order to carry out corresponding evaluations by the user (3) himself, by third parties (4) or an online assistant (5) and to carry out training adjustments, which then be transferred back to the control unit.”).
Koeniger does not disclose said at least one main body being connectable in a removable manner to said at least one auxiliary body in at least a first configuration of use of said sports equipment wherein said at least one main body and said at least one auxiliary body define a bicycle.
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Mihelic teaches an analogous bicycle system (See Figures 1 and 26) comprising at least one main body (Frame 12; Figure 26) being connectable in a removable manner to said at least one auxiliary body (Mounting member 135; Figure 1) in at least a first configuration of use of said sports equipment wherein said at least one main body and said at least one auxiliary body define a bicycle (i.e., when the mounting member 135/mounting member 135 and the frame 12/main body are connected to form a singular bicycle as seen in Figure 1 above and can be removable as seen in Figure 26).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the bicycle system of Koeniger to have the first configuration as taught by Mihelic in order to have a modular bicycle system that can be stored easily and readily.
Regarding claim 7, Koeniger in view of Mihelic teaches said electronic station comprises at least one base (i.e., the triangular base seen in Figure 2) supporting said at least one main body which is provided with braking means (Braking unit 12; Figure 2), said braking means being coupled to said first wheel in said second configuration of use and being adapted to counteract the axial rotation of said first wheel by exerting onto said first wheel at least one pedal resistance force (i.e., the braking unit 12 provides braking force to a user pedaling as seen in Figure 2).
Regarding claim 10, Koeniger in view of Mihelic teaches wherein said biometric/performance parameter is selected from the list comprising: average and maximum heart rate (Para. [0028]-[0029] “For example, for heart rate-controlled training, the heart rate is measured and monitored, and the motor assistance is controlled via the app so that the pedaling resistance is varied in such a way that the resulting load or… Relief while pedaling keeps the heart rate within the target range.”), average and maximum pedaling speed, total distance traveled, average and maximum elevation gain traversed, total calories consumed, average and maximum mechanical work, average and maximum mechanical power (Para. [0028]-[0029] “The pedelec controller delivers data from the integrated pedelec sensors, such as... B. Motor power ( 4 ), pedal power ( 5 ), torque ( 10 ), wheel speed ( 8 ) etc. and the user oriented vital sensors ( 15 ) provide data that give information about the user's workload, such as e.g. B. Heart rate, ECG, etc.”).
Regarding claim 11, Koeniger in view of Mihelic teaches said electronic station comprises at least one graphical interface (Control unit 7; Figures 1 and 2) which is provided with at least one screen viewable by said at least one user and is configured to display said at least one biometric/performance parameter received from said one or more sensors in said second configuration of use on said screen (i.e., the biometric parameter is shown on the control unit 7 as described in Para. [0041]).
Allowable Subject Matter
Claims 2-6, 8-9 and 12 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.
The following is an examiner’s statement of reasons for allowance:
The prior art of record Koeninger (DE 102017010163; 07/15/2019), Mihelic (US Patent Pub. No. 2005/0001404; PD: 01/06/2005), and Brewer (US Patent Pub. No. 2021/0252335; PD: 08/19/2021) fail to teach or render obvious claims 2-6, 8-9 and 12
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Brewer discloses a sports equipment for exercise (See Figure 1 above) of cycling, the sports equipment comprising:- at least one main body (i.e., the frame of the bicycle 102 excluding the front fork 108) provided with at least one seat (i.e., seat; Para. [0018]) intended to support a weight of at least one user, with at least one pair of pedals (i.e., pedals; Para. [0018]) employable by said at least one user for pedaling and with at least one first wheel which can rest on a ground; - at least one auxiliary body (Front fork 108; Figure 1) provided with at least one second wheel which can rest on the ground and with at least one handlebar (i.e., the top handlebar seen in Figure 1) but does not teach at least one auxiliary body provided with at least one second wheel which can rest on the ground said at least one main body being connectable in a removable manner to said at least one auxiliary body in at least a first configuration of use of said sports equipment wherein said at least one main body and said at least one auxiliary body define a bicycle; - at least one electronic station to which said at least one main body is connectable in a removable manner in at least a second configuration of use of said sports equipment wherein said at least one main body and said electronic station define an exercise bike; - one or more sensors which are associated with said at least one main body and are adapted to detect at least one biometric/performance parameter of said at least one user during the use of said bicycle and of said exercise bike, said electronic station being operatively connected to said one or more sensors in said second configuration of use to receive from said one or more sensors, said at least one biometric/performance parameter and being configured to provide said at least one user with said at least one biometric/performance parameter.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREW M KOBYLARZ whose telephone number is (571)272-8096. The examiner can normally be reached Mon-Fri 7:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, LoAn Jimenez can be reached at (571) 272-4966. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANDREW M KOBYLARZ/Examiner, Art Unit 3784
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