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 § 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 1-25 are rejected under 35 U.S.C. 103 as being unpatentable over Carlier [WO 201215914] in view of Kitamura [DE 60 2004004187].
Regarding claim 1: Carlier shows bicycle with a central controlling computer (12), for controlling subsystems of the bicycle, the bicycle comprising a bicycle shifting device (1) for shifting of a bicycle gear (see page 11, lines 3 and 4), the bicycle shifting device comprising: a shifting control unit (page 11, lines 6-8) for receiving of shifting instructions from the central controlling computer (12) or a further control unit, comprising a processing unit and a memory, a power receiving module (see page 11, lines 9-12), for receiving power from a battery of the central controlling computer and/or a drive motor battery of the bicycle, at least one shifting motor (see page 11, lines 13-16) for providing a shifting motion for driving a shifting assembly for actuating of a rotatable gear actuator of the bicycle shifting device, the shifting assembly (see fig 1) being configured to transfer the shifting motion from the shifting motor to the gear actuator (11),the gear actuator (11) being configured to transfer the shifting motion to the bicycle gear (see page 11, lines 20-21), wherein: the shifting control unit, by means of communication (see page 11, lines 25-27) with and controlling by the central controlling computer (12) of the bicycle, is configured as a subsystem of the bicycle, and the shifting control unit shifts the bicycle gear on the basis of shifting instructions, in particular primary shifting instructions and/or secondary shifting instructions, from the central controlling computer (12), the motor control unit, and/or a further control unit, wherein the bicycle shifting device comprises a positioning determining assembly (21-24), for determining of an absolute position, of the gear actuator (11) relative to at least one sensor (21, 22) of the positioning determining assembly, and wherein the positioning determining assembly comprises the at least one, magnetic field sensor, for performing magnetic field measurements, and wherein the gear actuator (11) is provided with an annular array (see fig 1, page 8, lines 21) of consecutive magnets (24) along its substantially entire circumference or periphery, , and wherein the remaining magnets (23) define at least one series of at least two consecutive magnets (see fig 1, page 8, line 25) having the same polarity arrangement.
Carlier does not show wherein most of said magnets (24) of said annular array are arranged in an alternately north-south arrangement However Kitamura shows (“…a shift is controlled in accordance with the detected bicycle speed and the selected shift mode. Since AC generating dynamos typically have a plurality of circumferentially arranged magnetic poles…”).
It would have been obvious to someone having ordinary skills in the art at the time of the effective filling date to have arranged the magnets in alternative north-south arrangement to achieve strong local fields without needing large or high-strength magnets.
Regarding claim 2: Carlier does not explicitly show wherein the annular array of magnets comprises at least one series of at least three consecutive magnets having the same polarity arrangement. However Kitamura shows wherein the annular array of magnets comprises at least one series of at least three consecutive magnets having the same polarity arrangement (“…a shift is controlled in accordance with the detected bicycle speed and the selected shift mode. Since AC generating dynamos typically have a plurality of circumferentially arranged magnetic poles…”).
It would have been obvious to someone having ordinary skills in the art at the time of the effective filling date to have arranged the magnets in alternative north-south arrangement to achieve strong local fields without needing large or high-strength magnets
Regarding claim 3: Carlier does not explicitly shows wherein the annular array of magnets comprises at least two series of at least two consecutive magnets having the same polarity arrangement. However Kitamura shows wherein the annular array of magnets comprises at least two series of at least two consecutive magnets having the same polarity arrangement (“…a shift is controlled in accordance with the detected bicycle speed and the selected shift mode. Since AC generating dynamos typically have a plurality of circumferentially arranged magnetic poles…”).
It would have been obvious to someone having ordinary skills in the art at the time of the effective filling date to have arranged the magnets in alternative north-south arrangement to achieve strong local fields without needing large or high-strength magnets
Regarding claim 4: Carlier shows in which two sensors (21, 22) are arranged at a mutual distance for detecting passage of consecutive magnets.
Regarding claim 5: Carlier shows wherein the positioning determining assembly comprises at least two hall sensors (21, 22), mutually positioned at a distance d, and wherein at least one series of at least two consecutive magnets having the same polarity arrangement has a width, in particular a curved width, wherein said width exceeds said distance d between said at least two hall sensors.
Regarding claim 7: Carlier shows comprising program code, for analysing sensor data of the at least one sensor (see abstract), arranged for determining the position of the gear actuator based on the measurements of the sensor on the array of consecutive magnets.
Regarding claim 8: Carlier shows comprising a torque sensor for measuring a torque exerted by means of pedaling power by the rider of the bicycle as providing a torque measurement signal, the torque sensor preferably being arranged at the crankshaft of the bicycle, the shifting control unit being arranged for receiving the torque measurement signal originating from the torque sensor in which the shifting control unit is configured receive a secondary shifting (12) instruction to prevent shifting when the torque measurement signal indicates a torque above a threshold value, and to allow shifting when the torque measurement signal indicates a torque below a threshold value.
Regarding claim 10: Carlier shows comprising a predictor module for predicting of a time period during which the torque will be below the threshold value.
Regarding claim 11: Carlier shows the bicycle wherein the shifting control unit only initiates and/or performs a shifting after receipt of at least one preferably primary shifting instruction from the central controlling computer and/or a preferably secondary shifting instruction comprising a torque measurement signal and/ or comprising storage and processing module for a rider defined shifting profile (see abstract, lines 2-4).
Regarding claim 13: Carlier shows The bicycle according to having a, data store comprising data indicating for each gear the position the gear actuator should have relative to a calibration point or start point (“…a recalibration may be achieved by adding the switching con trol unit actuating the shifting motor until the zero point indicator or starting point indicator is present at a respective sensor. Further preferably, this position is therewith stored as starting point for a next calibration…”).
Regarding claim 14: Carlier shows having a control unit, that is configured to perform a bootup sequence comprising steps of: displacing determining this end of its rotational path as the calibration point or the start point of functioning from bootup, subsequently rotating the gear actuator to the position of the lowest or first gear (“…- a shifting motor, such as an electric motor, such as a stepper motor for providing a shifting motion for driving a shifting assembly for actuating of a gear actuator,
- the shifting assembly for transferring of the shifting motion from the shifting motor to the gear actuator).
Regarding claim 15: Carlier shows The bicycle according to having a control unit configured to perform a monitoring sequence comprising steps of continuously monitoring the position or angular position of the gear actuator by the sensor having a control unit (“… the main control unit comprises driveshaft monitoring means for monitoring of pedaling force and/or pedaling movement for providing of further input for the purpose of assembling of the switching instructions…), which optionally makes part of the shifting control unit, configured to perform controlling of the shifting motor based on the continuous monitoring of the position or angular position of the gear actuator by the sensor.
Regarding claim 17: Carlier shows comprising a control unit (13) configured to perform assembling shifting instructions, for the shifting control unit.
Regarding claim 18: Carlier shows comprising a control unit configured to perform monitoring the bicycle speed, as an input in order to determine a shifting moment based on the speed of the bicycle (“… the main control unit comprises driveshaft monitoring means for monitoring of pedaling force and/or pedaling movement for providing of further input for the purpose of assembling of the switching instructions…”).
Regarding claim 19: Carlier shows comprising a further control unit configured to perform monitoring an inclination sensor of the bicycle as an input in order to perform determining of a shifting moment also based on the inclination of the bicycle.
Regarding claim 20: Carlier shows wherein the bicycle comprises a torque sensor for measuring a torque exerted by means of pedalling power by the rider of the bicycle as providing a torque measurement signal, the shifting control unit being arranged for receiving the torque measurement signal originating from the torque sensor (“… the main control unit comprises driveshaft monitoring means for monitoring of pedaling force and/or pedaling movement for providing of further input for the purpose of assembling of the switching instructions….), and wherein the bicycle comprises a speed sensor for measuring the speed of the bicycle and configured to provide a speed measurement signal, the shifting control unit being arranged for receiving the speed measurement signal originating from the speed sensor, and wherein at least one control unit, is configured to provide a shifting instruction based upon the combination of the collected torque measurement signal and the collected speed measurement signal.
Regarding claim 21: Carlier shows in which the bicycle gear is a hub gear arranged in the rear hub of the bicycle and /or comprising a temperature sensor for sensing a temperature in the bicycle shifting device (“…wherein the gear assembly is a hub gear assembly that is arranged in the hub of the rear wheel of the bicycle…”).
Regarding claim 23: Carlier shows The bicycle shifting device for use in a bicycle according to claim 1.
Regarding claim 24: Carlier shows A method for performing shifting of gears of a bicycle, the method comprising steps of: monitoring at least one sensor of a group of sensors (21, 22) comprising a gear actuator position sensor by respectively a central controlling computer (“…at least one sensor for determining of the current gear of the bicycle gear and/or a current position of the gear actuator, preferably functioning together with at least one position indicator for the bicycle gear and/or the gear actuator…”), a shifting control unit or a further control unit of the bicycle (page 11, lines 6-8) assembling a primary shifting instruction indicating shifting of at least one gear up or down,- assembling a secondary shifting instruction indicative of a torque threshold value, controlling of a shifting motor based on the respective shifting instructions (“… controlling of shifting of the gear assembly on the basis of a threshold value of the charge level of the drive battery to a predetermined gear, preferably followed by switching off of the main control unit…”).
Regarding claim 25: Carlier shows The method for performing shifting of gears according to Method for performing shifting of gears according to comprising a calibration and/or bootup sequence comprising steps of: - rotating the gear actuator to an end of its rotational path (“…it is furthermore provided that any control of the shifting motor beyond or towards an actuation of the sensor by the position indicator is usable for a calibration or ongoing calibration of the shifting of the bicycle gear…”), determining this end of its rotational path as calibration point or start point of functioning from bootup, rotating the gear actuator to the position of the lowest or first gear.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. [ US Pub # 2018/0178870] shows bicycle device with electronic controller and battery unit 52 and bicycle gear.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZAKARIA ELAHMADI whose telephone number is (571)270-5324. The examiner can normally be reached on M-F 10-6 EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached on 571-270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ZAKARIA ELAHMADI/
Examiner, Art Unit 3618
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