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 § 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)(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.
Claim(s) 13-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Butora (WO 2024/029759). Butora discloses a shock absorber for a bicycle (See annotated Figure 1 below), the shock absorber comprising a first attachment portion at a first distal end; a second attachment portion at a second distal end; an axis, wherein the first attachment portion is movable relative to the second attachment portion along the axis; and a control device to adjust a state of the damper, the control device disclosed at least in part between the first attachment portion and the second attachment portion (a part of the entire control device as shown in the annotated figure 1 below is located between the first and second attachment portions).
Regarding claim 14, Butora further comprising a battery (483) proving power to the control device, the battery disposed at least in part between the first attachment portion and the second attachment portion (See Figures 9-10).
Regarding claim 15, Butora discloses wherein the control device and battery are offset from the axis (See Figure 9).
Regarding claim 16, Butora discloses wherein the damper comprises a damper body disposed along the axis, a reservoir offset from the axis, and wherein the control device is coupled the reservoir (See Figure 9).
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Allowable Subject Matter
Claims 1-12 and 20 are allowed.
Claims 17-19 are 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 a statement of reasons for the indication of allowable subject matter: Regarding claim 1, the closest cited prior art reference to Butora (WO 2014/029759) does not specifically disclose the control device having a latch and a battery removably coupled to the terminal of the control device with the latch.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to James A Shriver II whose telephone number is (303)297-4337. The examiner can normally be reached M-F 7:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, J. Allen Shriver II can be reached at (303) 297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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J. ALLEN SHRIVER II
Supervisory Patent Examiner
Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
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