DETAILED ACTION
America Invents Act
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Receipt is acknowledged of papers submitted under 35 USC §119(a)-(d) and 35 USC §371, which papers have been placed of record in the file:
This application, filed 2-January-2025, is a national stage entry of WIPO/PCT application # PCT/EP2023/068740, filed 6-July-2023.
This application also claims priority from Netherlands application # NL 2032405, filed 7-July-2022.
This application is, therefore, accorded a prima facie effective filing date of 7-July-2022.
Information Disclosure Statement
The information disclosure statement IDS#1 submitted on 2-January-2025 (8 references) has been considered by the Examiner and made of record in the application file.
Preliminary Amendment
The present Office Action is based upon the original patent application filed on 2-January-2025 as modified as follows:
Preliminary amendment PA#1, filed on 2-January-2025, and
Preliminary amendment PA#2, filed 14-March-2025.
Claims 1, 2, 4-33, 35-37, 41 and 42 are now pending in the present application.
Claim Objections
Objection is made to claim 1 because of the following informalities:
Claim 1 recites in part: “by a user action to at least one of the wireless device, causing….” [line 11], where device should be plural.
Appropriate correction is required.
Claim Rejections - 35 USC §112
The following is a quotation of 35 USC §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.
Claims 26-30 are rejected under 35 USC §112(b) as indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Consider claim 26: Amendment of the claim “….wherein the user action comprises positioning and/and or moving a thru-axle with respect to at least one of the wireless devices a wireless gear changing device arranged within a hub for a wheel of the bicycle.”, renders claim disjoint and the meaning unclear. For the purpose of prior art examination, if will be assumed that “….moving a thru-axle with respect to at least one wireless gear-changing device arranged within a hub for a wheel of the bicycle.” is intended.
Consider claim 27-30: These claims are rejected at least because each depends from a rejected claim.
Claim Rejections - 35 USC §102
The following is a quotation of the appropriate paragraphs of 35 USC §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)(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 1, 2, 6-12, 32, 33 and 35-37 are rejected under 35 USC §102(a)(2) as anticipated by Jordan, et al. (United States Patent Application Publication # US 2014/0102237 A1), hereinafter Jordan.
Consider claim 1: A method of mutually pairing a wireless gear control device and a wireless gear changing device for a bicycle, Jordan discloses electronic shifting systems and methods for a bicycle, and which comprises a wireless control system [Title; Abstract; Fig. 1; Para. 0001, 0004; Claim 1], comprising:
providing a wireless gear control device and a wireless gear changing device for a bicycle, wherein both wireless devices comprise a respective wireless communication unit, wherein the system comprises at least one shift unit (24) and at least one electromechanical gear changer (28, 30) in wireless communication, the shift unit comprising a radio (54) and the gear changer comprising a radio (80, 100) [Fig. 1, 6, 7; Para. 0007, 0022, 0024, 0029-0030],
wherein the wireless gear changing device is configured to effect a gear change in a bicycle depending on a gear change message received via its wireless communication unit, wherein the gear changer control unit (66, 86) receives wireless signals from the shift unit and controls a motor unit (64, 84) to change gears [Fig. 3, 6, 7; Para. 0005, 0007, 0025, 0029-0030],
wherein the wireless gear control device is configured to send at least a gear change message via its wireless communication unit; wherein the shift unit comprises a shift lever (38) which, when actuated causes a gear shift message to be sent [Fig. 2, 6; Para. 0005, 0007, 0025],
by a user action to at least one of the wireless device, causing at least one of the wireless devices to attempt to participate in a pairing process in which the wireless devices can be mutually paired; when a mechanism such as a function button (94) on the gear changer unit is pressed for a period of time, and a shift lever (38) of the shift control unit is actuated for a period of time, a pairing process begins, and the gear changer enters a pairing mode [Fig. 2, 4-7; Para, 0034-0035], and
completing the pairing process so as to mutually pair the wireless devices, and a pairing process is performed between the shift unit and gear changer [Para. 0035-0036].
Consider claim 2 and as applied to claim 1: The method according to claim 1, wherein the wireless gear changing device is arranged within a hub for a bicycle wheel. Jordan discloses that the gear changers (28, 30) may be derailleurs or internal gear hubs [Para. 0020].
Consider claim 6 and as applied to claim 1: The method according to claim 1, wherein the wireless gear control device is configured to be mounted to a handlebar for a bicycle. Jordan discloses that the shift unit (24) may be mounted on the bicycle handlebar [Fig. 1-3; Para 0020-0021].
Consider claim 7 and as applied to claim 1: The method according to claim 1, wherein the user action comprises changing a magnetic field in the at least one of the wireless devices to cause the at least one of the wireless devices to attempt to participate in a pairing process. Jordan discloses embodiments in which buttons (94) on the gear shift unit (28) and on the shifter (24/38) activates the respective transmitter/receivers to send and receive pairing messages [Fig. 2, 4-7; Para 0035], where a wireless radio transmission comprises a magnetic field.
Consider claim 8 and as applied to claim 1: The method according to claim 1, wherein the user action comprises manually operating the wireless gear control device to cause the wireless gear control device to attempt to participate in a pairing process. Jordan discloses depressing a button (94) on the gear changer unit (28) for a predetermined time to switch to a pairing mode, and initiate the pairing process [Fig. 2, 4-7; Para 0035].
Consider claim 9 and as applied to claim 8: The method according to claim 8, wherein manually operating the wireless gear control device comprises providing a temporal sequence of user inputs to the wireless gear control device. Jordan discloses depressing a button (94) on the gear changer unit (28) for a predetermined time to switch to a pairing mode, where a single press for a particular length of time may broadly be considered to be a sequence [Fig. 2, 4-7; Para 0035].
Consider claim 10 and as applied to claim 9: The method according to claim 9, wherein the temporal sequence of user inputs to the wireless gear control device corresponds to a sequence of gear upshifting and/or downshifting indications, while the wireless gear control device is not paired with a wireless gear changing device. Jorden discloses, that after the gear changer unit enters pairing mode, the user presses and holds a shift lever on the corresponding shift controller, causing a device ID and type to be transmitted in a repeating signal (prior to completion of pairing) [Fig. 2, 4-7; Para 0035].
Consider claim 11 and as applied to claim 8: The method according to claim 8, wherein manually operating the wireless gear control device comprises contemporaneously providing multiple user inputs to the wireless gear control device. Jordan discloses an embodiment in which a shift level (38) is held for at least a particular length of time as user input to the pairing process [Para. 0035], but also discloses that other functions may be provided by simultaneous manipulation of various controls [Para. 0025-0026].
Consider claim 12 and as applied to claim 1: The method according to claim 1, wherein the pairing process involves direct wireless communication between the wireless devices. Jordan discloses that the shifter unit (24) and gear changing unit (28) communicate with one another, may use various wireless radio protocols, and particularly, communicate during the pairing process [Fig. 2, 4-7; Para 0024-0025, 0035].
Consider claim 32 and as applied to claim 1: The method according to claim 1, wherein the user action is performed to at least two of the wireless devices. Jordan discloses that the pairing process involves manipulation of buttons on both a gear changing unit (28) and a shifter unit (24) [Fig. 2, 4-7; Para 0035].
Consider claim 33: A wireless changing system for a bicycle, Jordan discloses electronic shifting systems and methods for a bicycle, and which comprises a wireless control system [Title; Abstract; Fig. 1; Para. 0001, 0004; Claim 1], comprising:
a wireless gear control device comprising a respective wireless communication unit and configured to send a gear change message via its wireless communication unit; wherein the system comprises at least one shift unit (24) and at least one electromechanical gear changer (28, 30) in wireless communication, the shift unit comprising a radio (54) and the gear changer comprising a radio (80, 100). The shift unit may comprise a shift lever (38) which, when actuated causes a signal to be sent to the corresponding gear change device [Fig. 1-2, 6-7; Para. 0005, 0007, 0022, 0024-0025, 0029-0030], and
a wireless gear changing device comprising a respective wireless communication unit and configured to effect a gear change in a bicycle depending on a gear change message received via its wireless communication unit, wherein the gear changer control unit (66, 86) receives wireless signals from the shift unit and controls a motor unit (64, 84) to change gears [Fig. 3, 6, 7; Para. 0005, 0007, 0025, 0029-0030],
wherein at least one of the wireless devices is configured to attempt to participate in a pairing process in which the wireless devices can be mutually paired in response to a user action to the at least one of the wireless devices, when a mechanism such as a function button (94) on the gear changer unit is pressed for a period of time, and a shift lever (38) of the shift control unit is actuated for a period of time, a pairing process begins, and the gear changer enters a pairing mode [Fig. 2, 4-7; Para, 0034-0035],
wherein the system is configured to allow the pairing process to be completed so as to mutually pair the wireless devices, and a pairing process is performed between the shift unit and gear changer [Para. 0035-0036].
Consider claim 35 and as applied to claim 33: The wireless changing system according to claim 33, wherein the wireless gear control device comprises at least one user input member configured to be manually operated by the user as part of the user action, wherein the wireless gear control device is configured to allow said at least one user input member to be assigned a different user input function after completion of the user action and/or the pairing process. Jorden discloses, that after the gear changer unit enters pairing mode, the user presses and holds a shift lever (38) on the corresponding shift controller, causing a device ID and type to be transmitted in a repeating signal (prior to completion of pairing). The same shift lever is used to change gears when the devices are paired (operating mode) [Fig. 2-7; Para 0025, 0035].
Consider claim 36 and as applied to claim 33: The wireless changing system according to claim 33, further comprising a mediator device, the mediator device being in the form of a mobile device and/or a wearable device, wherein information stored or received by the mediator device is used in the pairing process by the at least one of the wireless devices, at least in the attempt to participate therein. Jordan discloses: “It is possible to set the system (22) to one of a plurality of different selectable transmitter and receiver frequency channels to avoid crosstalk with other systems in the vicinity…..could be accomplished by wireless communication with a device designed to perform such a task.”, where such device may broadly be considered a mediator device [Fig. 2, 4-7; Para 0033].
Consider claim 37 and as applied to claim 33: The wireless changing system according to claim 33, wherein at least one of the wireless devices is configured to be un- paired and/or re-paired by a user action to at least one of the wireless devices and/or using a mediator device. Jordan discloses that pairing information (device type and ID) stored in memory, may be overwritten in a subsequent pairing (using the same pairing procedure) [Para. 0036].
Claim Rejections - 35 USC §103
The following is a quotation of 35 USC §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 of this title, 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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 USC §102 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 USC §102(b)(2)(C) for any potential 35 USC §102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 USC §103 as unpatentable over Jordan, et al. (United States Patent Application Publication # US 2014/0102237 A1), hereinafter Jordan, in view of Chung (United States Patent Application Publication # US 2014/0339787 A1).
Consider claim 4 and as applied to claim 2: The method according to claim 2, wherein the wireless gear changing device is sealed within the hub.
Jordan discloses that the gear changer unit may be located in a bicycle wheel hub, but does not explicitly disclose that the hub is sealed. This was known in analogous prior art, however, and for example:
Chung discloses a multiple speed planetary gear hub for a bicycle [Title; Abstract; Fig. 1-4; Para. 0003-0005, 0011], and specifically that the gear hub is sealed [Para. 0004-0005].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to seal the gear changing unit within a wheel hub as taught by Chung, and applied to electronic shifting systems and methods for a bicycle as taught by Jordan, at least in order to protect the unit from water and dirt intrusion.
Claim 5 is rejected under 35 USC §103 as unpatentable over Jordan, et al. (United States Patent Application Publication # US 2014/0102237 A1), hereinafter Jordan, in view of Lapeyre (United States Patent # US 4,305,312).
Consider claim 5 and as applied to claim 1: The method according to claim 1, wherein the wireless gear changing device is configured to be arranged within a crank unit for a bicycle.
Jordan discloses that the gear changer unit may be located in a bicycle wheel hub, and suggests, but does not explicitly disclose other particular locations. It was known in analogous prior art, however, to locate a gear changer in the pedal, or crank, hub, and for example:
Lapeyre discloses a bicycle multi-speed transmission that is located at the drive pedal hub [Title; Abstract; Fig. 1-3; Col. 1, 54 to Col. 2, 2; Col. 36-62; Claim 1].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, to place a gear changing unit within a pedal hub as taught by Lapeyre, and applied to electronic shifting systems and methods for a bicycle as taught by Jordan, at least because the such hubs may offer more space than that of a wheel hub.
Claims 13, 14 and 42 are rejected under 35 USC §103 as unpatentable over Jordan, et al. (United States Patent Application Publication # US 2014/0102237 A1), hereinafter Jordan, in view of Wesling (United States Patent Application Publication # US 2020/0189689 A1).
Consider claim 13 and as applied to claim 1: The method according to claim 1, wherein the pairing process is independent from any direct wireless communication between the wireless devices.
Jordan discloses embodiments in which gear change devices and control devices are directly paired, but use of a third, intermediary device was known in prior art, and for example:
Wesling discloses a bicycle derailleur system in which a control unit and gear change unit may communicate wirelessly and are paired to do so [Title; Abstract; Fig. 1-2; Para. 0002, 0004, 0035-0036] and particularly that the devices may be paired to each other by a third device like a mobile computing device, smartphone, or tablet where the third device can first be paired with the individual devices and then used to pair the individual devices together [Para. 0045].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, for an intermediary device such as a smartphone be used to separately pair the bicycle units, as taught by Wesling, and applied to electronic shifting systems and methods for a bicycle as taught by Jordan, where the smart phone may provide step by step instruction for performing the pairing process, and where the smartphone itself may be used as an operational interface for the bicycle system.
Consider claim 14 and as applied to claim 1: The method according to claim 1, wherein the pairing process, at least the attempt to participate therein, involves wireless communication between at least one of the wireless devices and a mediator device, the mediator device being in the form of a mobile device and/or a wearable device, wherein optionally information stored or received by the mediator device is used in the pairing process by the at least one of the wireless devices, at least in the attempt to participate therein.
Jordan discloses: “It is possible to set the system (22) to one of a plurality of different selectable transmitter and receiver frequency channels to avoid crosstalk with other systems in the vicinity…..could be accomplished by wireless communication with a device designed to perform such a task.”, where such device may broadly be considered a mediator device, and where channel selection may be broadly considered to be part of the pairing process [Fig. 2, 4-7; Para 0033]. In addition, this feature is known in analogous prior art, and for example:
Wesling discloses a bicycle derailleur system in which a control unit and gear change unit may communicate wirelessly and are paired to do so [Title; Abstract; Fig. 1-2; Para. 0002, 0004, 0035-0036] and particularly that the devices may be paired to each other by a third device like a mobile computing device, smartphone, or tablet (mediator device) where the third device can first be paired with the individual devices and then used to pair the individual devices together [Para. 0045].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, for an intermediary device such as a smartphone be used to separately pair the bicycle units, as taught by Wesling, and applied to electronic shifting systems and methods for a bicycle as taught by Jordan, where the smart phone may provide step by step instruction for performing the pairing process, and where the smartphone itself may be used as an operational interface for the bicycle system.
Consider claim 42: A method of mutually pairing a wireless gear control device and a wireless gear changing device for a bicycle, Jordan discloses electronic shifting systems and methods for a bicycle, and which comprises a wireless control system [Title; Abstract; Fig. 1; Para. 0001, 0004; Claim 1], comprising:
providing the wireless gear control device and the wireless gear changing device for the bicycle, wherein each wireless device comprises a respective wireless communication unit, wherein the system comprises at least one shift unit (24) and at least one electromechanical gear changer (28, 30) in wireless communication, the shift unit comprising a radio (54) and the gear changer comprising a radio (80, 100) [Fig. 1, 6, 7; Para. 0007, 0022, 0024, 0029-0030], wherein the wireless gear changing device is configured to be arranged within a hub for a wheel of the bicycle; wherein the gear changers (28, 30) may be derailleurs or internal gear hubs [Para. 0020];
providing a mediator device; Jordan discloses: “It is possible to set the system (22) to one of a plurality of different selectable transmitter and receiver frequency channels to avoid crosstalk with other systems in the vicinity…..could be accomplished by wireless communication with a device designed to perform such a task.”, where such device may broadly be considered a mediator device, [Fig. 2, 4-7; Para 0033]; and
mutually pairing the wireless gear control device and the wireless gear changing device using the mediator device via wireless communications with each wireless device caused using the mediator device; Jordan discloses that when a mechanism such as a function button (94) on the gear changer unit is pressed for a period of time, and a shift lever (38) of the shift control unit is actuated for a period of time, a pairing process begins, and the gear changer enters a pairing mode and the devices are paired [Fig. 2, 4-7; Para, 0034-0036].
Jordan discloses that a separate device (mediator device) may be used for channel selection, and where channel selection may be broadly considered to be part of the pairing process, but does not disclose that the entire pairing process is facilitated by the separated device. This feature is known in analogous prior art, however, and for example:
Wesling discloses a bicycle derailleur system in which a control unit and gear change unit may communicate wirelessly and are paired to do so [Title; Abstract; Fig. 1-2; Para. 0002, 0004, 0035-0036] and particularly that the devices may be paired to each other by a third device like a mobile computing device, smartphone, or tablet (mediator device) where the third device can first be paired with the individual devices and then used to pair the individual devices together [Para. 0045].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, for an intermediary device such as a smartphone be used to separately pair the bicycle units, as taught by Wesling, and applied to electronic shifting systems and methods for a bicycle as taught by Jordan, where the smart phone may provide step by step instruction for performing the pairing process, and where the smartphone itself may be used as an operational interface for the bicycle system.
Claims 15-17 are rejected under 35 USC §103 as unpatentable over Jordan, et al. (United States Patent Application Publication # US 2014/0102237 A1), hereinafter Jordan, in view of Smus et al. (United States Patent Application Publication # US 2017/0048613 A1), hereinafter Smus.
Consider claim 15 and as applied to claim 1: The method according to claim 1, wherein the user action comprises adjusting an orientation of the at least one of the wireless devices to cause the respective wireless device to attempt to participate in a pairing process.
Jordan does not specifically disclose initiation of a pairing process based on a change of device orientation. This is known in analogous prior art, however, and for example:
Smus discloses pairing of media streaming devices [Title; Abstract; Fig.1; Para. 0001, 0003-0010], and particularly that pairing may be initiated based on a user turning his head (to which one device is attached) so as to direct his view to a particular location (the second device for example) [Fig. 1; Para. 0010, 0042—0044, 0052],
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, for pairing of two devices by orienting one device to point in direction of the second device as taught by Smus and applied to electronic shifting systems and methods for a bicycle as taught by Jordan as an intuitive means to identify user intent as well as the devices to be paired.
Consider claim 16 and as applied to claim 15: The method according to claim 15, wherein the adjusting of the orientation comprises a temporal sequence of orientation adjustments. This claim is rejected based on the same citations and analysis as for claim 15 previously, where a single orientation change is broadly a sequence of changes, and further, where Smus teaches that multiple pairings may be made with additional sightline orientations [Fig. 1-2; Para. 0042-0044]
Consider claim 17 and as applied to claim 1: The method according to claim 1, wherein the user action comprises shaking the at least one of the wireless devices to cause the respective wireless device to attempt to participate in a pairing process. This claim is rejected based on the same citations and analysis as for claim 15 previously, and where Smus specifically discloses that a user may nod or perform some other gesture to initiate pairing [Para. 0051] where a nod is an obvious variant of a shake.
Claims 18-21 and 24 are rejected under 35 USC §103 as unpatentable over Jordan, et al. (United States Patent Application Publication # US 2014/0102237 A1), hereinafter Jordan, in view of Tsai et al. (United States Patent Application Publication # US 2018/0255592 A1), hereinafter Tsai.
Consider claim 18 and as applied to claim 1: The method according to claim 1, wherein the wireless gear changing device is associated with at least one of a set of mutually rotatable parts for the bicycle, wherein the user action comprises causing at least one rotation among the mutually rotatable parts to cause the wireless gear changing device to attempt to participate in a pairing process.
Jordan does not specifically disclose initiation of a pairing process based on rotation of mutually rotatable parts. This is known in analogous prior art, however, and for example:
Tsai discloses a method and system for pairing authentication between a vehicle and a mobile device [Title; Abstract; Fig. 1-3; Para. 0002, 0004-0006] and particularly that a pairing process comprises and is initiated by turning on the vehicle (specifically changing a switch from an off to on position by rotating a key (911) and lock portion with respect to a second lock portion) [Fig. 1-2; 0022-0024].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to initiate a pairing process by rotating a key and lock portion with respect to a second lock portion, as taught by Tsai and applied to electronic shifting systems and methods for a bicycle as taught by Jordan as a means to integrate the pairing process into a startup protocol.
Consider claim 19 and as applied to claim 18: The method according to claim 18, wherein the at least one rotation comprises a temporal sequence of rotations. This claim is rejected based on the same citations and analysis as for claim 18 previously, where a single key rotation is broadly a sequence, and further, if operation is considered to begin from a time when the vehicle is on, a sequence of turning power off, and then on, would apply. Tsai specifically teaches repeat operation [Fig. 9; 0029-0034].
Consider claim 20 and as applied to claim 1: The method according to claim 1, wherein the user action comprises switching a power supply for the at least one of the wireless devices to cause the respective wireless device to attempt to participate in a pairing process.
Jordan does not specifically disclose initiation of a pairing process based on switching a power supply. This is known in analogous prior art, however, and for example:
Tsai discloses a method and system for pairing authentication between a vehicle and a mobile device [Title; Abstract; Fig. 1-3; Para. 0002, 0004-0006] and particularly that a pairing process comprises and is initiated by turning on the vehicle (applying power by changing a switch from a non-conducting to conducting state) Fig. 9; 0029-0036].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to initiate a pairing process by switching on vehicle power, as taught by Tsai and applied to electronic shifting systems and methods for a bicycle as taught by Jordan as a means to integrate the pairing process into a startup protocol.
Consider claim 21 and as applied to claim 20: The method according to claim 20, wherein the switching comprises a temporal switching sequence. This claim is rejected based on the same citations and analysis as for claim 20 previously, where a single power switching change is broadly a sequence of changes, and further, if operation is considered to begin from a time when the vehicle is on, a sequence of turning power off, and then on, would apply. Tsai specifically teaches repeat operation [Fig. 9; 0029-0034].
Consider claim 24 and as applied to claim 1: The method according to claim 1, wherein the user action involves a key for a lock for the bicycle. This claim is rejected based on the same citations and analysis as for claim 20 previously, where pairing process is initiated by a power switch, and the power switch (91) is a key switch [Fig. 1-2; Para. 0029, 0034, 0036].
Claim 25 is rejected under 35 USC §103 as unpatentable over Jordan, et al. (United States Patent Application Publication # US 2014/0102237 A1), hereinafter Jordan, in view of Ghabra et al. (United States Patent # US 7,528,706 B2), hereinafter Ghabra.
Consider claim 25 and as applied to claim 1: The method according to claim 1, wherein the user action involves a tool for assembly and/or adjustment of the bicycle.
Jordan discloses embodiments in which gear change devices and control devices pairing is initiated by particular user action such as a button push or sequence, but use of tool to initiate the pairing is not specifically disclosed. This was known in analogous prior art, and for example:
Ghabra discloses a system and method for vehicle tire pressure monitoring, in which tire sensors and a corresponding receiver are paired [Title; Abstract; Fig. 1-3; Col. 1, 6-21, 32-53], and particularly that a tool (230) is used to initiate pairing (308) [Fig. 2-3; Col. 3, 55 to Col. 4, 14; Col. 5, 29-38; Col. 5, 47 to Col. 6, 3].
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention, for a tool used to pair the units, as taught by Ghabra, and applied to electronic shifting systems and methods for a bicycle as taught by Jordan, where such a tool eliminates the need for separate buttons on the devices (particularly on wheel hub) and can be used to implement other setup and troubleshooting operations.
Claim 26-31 are rejected under 35 USC §103 as unpatentable over Jordan, et al. (United States Patent Application Publication # US 2014/0102237 A1), hereinafter Jordan, in view of Van Druten et al. (United States Patent Application Publication # UU 2020/0189690 A1), hereinafter Van Druten.
Consider claim 26 and as applied to claim 1: The method according to claim 1, wherein the user action comprises positioning and/or moving a thru-axle with respect to at least one of the wireless devices a wireless gear changing device arranged within a hub for a wheel of the bicycle.
Jordan discloses paring of a gear changing device using a push button on the device, and does not disclose positioning a thru-axle in the wheel-hub for this purpose. This is known, however, in analogous prior art, and for example:
Van Druten discloses a bicycle transmission wireless actuation system [Title; Abstract; Fig. 1-3; Para. 0001, 0005-0013] and particularly an embodiment in which a receiver (18), within a wheel hub (1) of a replacement wheel, may be paired with a transmitter (20) mounted on the bicycle frame, using a tag (22) attached to a thru-axle (6), and which is read when the thru-axle is moved into place [Fig. 1; Para. 0053, 0055-0057]
Therefore, it would have been obvious to one of ordinary skill in the art at the time of effective filing for the invention to use a tag on a thru-axle to initiate pairing when the axle is moved in place, as taught by Van Druten, and applied to electronic shifting systems and methods for a bicycle as taught by Jordan, eliminating the need for a button for the purpose, and automatically initiating pairing when a wheel is replaced.
Consider claim 27 and as applied to claim 26: The method according to claim 26, wherein the positioning and/or moving of the thru-axles comprises inserting the thru-axle in a hub for a bicycle wheel, such as in a hollow axle thereof, in which hub the wireless device is arranged. Van Druten discloses a hollow axle (7) through which the thru-axle (6) is inserted, and where a wheel change involves removing one wheel thru-axle and inserting the replacement wheel thru-axle [Fig. 1; Para. 0053, 0057].
Consider claim 28 and as applied to claim 26: The method according to claim 26, wherein the positioning and/or moving of the thru-axle comprises removing the thru-axle from a hub for a bicycle wheel, such as from a hollow axle thereof, in which hub the wireless device is arranged. Van Druten discloses a hollow axle (7) through which the thru-axle (6) is inserted, and where a wheel change involves removing one wheel thru-axle and inserting the replacement wheel thru-axle [Fig. 1; Para. 0053, 0057].
Consider claim 29 and as applied to claim 26: The method according to claim 26, wherein the positioning and/or moving of the thru-axle causes information stored in or on the thru-axle to be used in the pairing process, at least in the attempt to participate therein. Van Druten discloses that the thru-axle contains a tag (RFID) whose contents (information) may be read out when the thru-axle is placed in the frame and which causes (initiates) coupling (pairing) of the receiver and transmitter [Fig. 1; Para. 0053, 0057].
Consider claim 30 and as applied to claim 29: The method according to claim 29, wherein the information is wirelessly transferred from the thru-axle in response to a wireless power transfer to the thru-axle. Van Druten does not explicitly disclose the operation of the tag, but an artisan would have known and understood that a passive RFID tag communicates with a transmitter/receiver, using power from the transmitter signal [Fig. 1; Para. 0053, 0057].
Consider claim 31 and as applied to claim 1: The method according to claim 1, wherein the user action is performed to only one of the wireless devices, wherein the pairing process is completed without dependence on any user action to the other of the wireless devices. This claim is rejected based on the same references citations and analysis as presented for claim 26 previously, where pairing is initiated based on a user action of placing a wheel (and wheel hub/receiver) to the bicycle with a thru-axle, and requires no action with respect to the controller or transmitter unit [Fig. 1; Para. 0053, 0057].
Claim 41 is rejected under 35 USC §103 as unpatentable over Jordan, et al. (United States Patent Application Publication # US 2014/0102237 A1), hereinafter Jordan.
Consider claim 41: A method of mutually pairing a wireless gear control device and one of a plurality of mutually exchangeable wireless gear changing devices for a bicycle, Jordan discloses electronic shifting systems and methods for a bicycle, and which comprises a wireless control system which may include a plurality of shift control units, and a plurality of gear shift units [Title; Abstract; Fig. 1; Para. 0001, 0004, 0020; Claim 1], comprising:
providing the wireless gear control device and the plurality of mutually exchangeable wireless gear changing devices for the bicycle, wherein each wireless device comprises a respective wireless communication unit, wherein the system may comprises at least one shift unit (24) and a front electromechanical gear changer (28) and a rear electromechanical gear changer (30), in wireless communication, the shift unit comprising a radio (54) and the gear changers comprising radios (80, 100) [Fig. 1, 6, 7; Para. 0007, 0022, 0024, 0029-0030],
wherein the plurality of mutually exchangeable wireless gear changing devices are each configured to effect a gear change in the bicycle depending on a gear change message received via its wireless communication unit, wherein the gear changer control units (66, 86) of the respective gear changers receive wireless signals from the shift unit and controls a motor unit (64, 84) to change gears [Fig. 3, 6, 7; Para. 0005, 0007, 0025, 0029-0030],
wherein the wireless gear control device is configured to send a gear change message via its wireless communication unit and wherein the wireless gear control device stores an identification of each of the wireless gear changing devices of the plurality of mutually exchangeable wireless gear changing devices, wherein the shift unit comprises a shift lever (38) which, when actuated causes a gear shift message to be sent [Fig. 2, 6; Para. 0005, 0007, 0025], and where the shift control unit sends a device ID and device type to each of the gear changer units, where the information is stored in memory during a pairing process [Para. 0034-0036].
wherein each of the plurality of mutually exchangeable wireless gear changing devices is configured to be arranged within a hub for a wheel of the bicycle; wherein Jordan discloses that the gear changers (28, 30) may be derailleurs or internal gear hubs [Para. 0020].
causing the wireless gear control device to participate in a pairing process with one of the plurality of mutually exchangeable wireless gear changing devices of which the identification is stored; when a mechanism such as a function button (94) on the gear changer unit is pressed for a period of time, and a shift lever (38) of the shift control unit is actuated for a period of time, a pairing process begins, and the gear changer enters a pairing mode [Fig. 2, 4-7; Para, 0034-0035], and
completing the pairing process so as to mutually pair the wireless gear control device and the one of the plurality of mutually exchangeable wireless gear changing devices, and a pairing process is performed between the shift unit and gear changer, and where the control device may be individually paired to each of the gear changer units [Para. 0035-0036].
Jordan discloses that the bicycle electromechanical gear shift system may comprise two gear control units, one each for the front wheel and rear wheel, and where these have the same elements and function [Fig. 1, 7; Para. 0020], and that the shift control unit may be used with other device, and that other gear changing devices may be substituted.
Jordan does not explicitly describe the gear change units as “mutually exchangeable” but one of ordinary skill in the art at the time of effective filing for the invention would have understood that the change units described, could be exchangeable, or constructed to be exchangeable, at least because it would allow the same manufactured part to be used for both bicycle wheels, with cost and logistic benefit.
Allowable Subject Matter
Objection is made to claims 22 and 23 as 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.
Claims 22 and 23 are determined to contain allowable subject matter because:
The subject matter of claim 22 is allowable over prior art because, although the use of a light level change to initiate wireless pairing is known in the art (See Johnson (US 9,647,755 B1), claim 15, cited in the Conclusion of this Office action), it would have not been obvious to do this for the specific pairing of a bicycle gear changing device with a companion controller, nor is there any clear motivation to do so.
The subject matter of claim 23 is allowable at least because it depends from claim 22, which is determined to contain allowable subject matter.
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure.
Johnson (U.S. Patent # US 9,647,755 B1) disclosing a light augmented system and method for secure device pairing.
Fossato et al. (U.S. Patent Application Publication # US 2018/0290714 A1) disclosing a bicycle manual control device and bicycle electronic system comprising it.
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to STEPHEN R BURGDORF whose telephone number is (571)270-7328. The Examiner can normally be reached on Monday and Friday at 11:00 AM to 8:00 PM EST/EDT.
If attempts to reach the Examiner by telephone are unsuccessful, the Examiner’s supervisor, Quan-Zhen Wang can be reached at (571)272-3114. The fax phone number for the organization where this application or proceeding is assigned is (571)273-8300.
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/STEPHEN R BURGDORF/ Examiner, Art Unit 2685
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