DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the AIA first to invent provisions. 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 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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 1, 3, 4, 6-9, 11-13, and 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Leng (CN 2409135 Y; “Leng”) in view of Yamanaka et al. (EP 0756990 A1; “Yamanaka”).
Leng discloses:
Regarding claim 1:
A crank arm (depicted in FIG. 2) comprising:
a crank arm body (10; FIG. 1), said crank arm body having a front surface (top surface in FIG. 2; 101 in FIG. 3) which will be directed toward a user’s leg when in operation (FIG. 1-2 reasonably depicts/discloses the hole at end 12 being for attachment with a bicycle pedal which would extend upward, hence the top surface facing the rider’s leg; see MPEP § 2125 ), a back surface (bottom surface in FIG. 2; 102 in FIG. 3) which will be directed toward a frame when installed on a vehicle (FIG. 1-2 reasonably depicts/discloses the hole 15 at end 11 being for attachment with a spindle/bottom bracket/frame which would extend downward, hence the bottom surface facing the bicycle frame; see MPEP § 2125), a first side surface (left edge surface at 17 in FIG. 1-2) and a second side surface (edge surface opposite the left edge surface at 17 in FIG. 1-2 e.g. adjacent reference number 10 in FIG. 1), said crank arm body having an upper portion (at 11 in FIG. 1) proximate a spindle insert (pg. 2, “head 11 is provided for locking the bicycle element with sleeve hole 15”), a lower portion (at 12; FIG. 1) proximate a pedal insert (bicycle element that is to be inserted in the hole adjacent reference number 1 in FIG. 1) and a middle portion (generally at reference number 10 in FIG. 2) disposed between said upper portion and said lower portion (portion between ends 11, 12, see in FIG. 2);
a recessed region (131) formed into said crank arm body (depicted in FIG. 1); and
an impact and wear protection article (20; FIG. 1) coupled with said crank arm body (depicted in FIG. 2-3), said replaceable impact and wear protection article disposed at least partially within said recessed region (via portion 201) and at least partially in said middle portion of said crank arm body (depicted in FIG. 2) and at least partially covering said front surface of said crank arm body (FIG. 3 depicts an upper portion of the article 20, near reference number 201, that covers the front surface of the crank arm body at 131), and
wherein said recessed region extends into at least a portion of said first side surface of said crank arm body (portion 131 is formed on the side surface near reference number 17, see in FIG. 1), said replaceable impact and wear protection article disposed at least partially within said recessed region in said first side surface of said crank arm body (via portion 201, see in FIG. 1-2).
Although Leng discloses that the impact wear and protection article is fixed to the body (pg. 2, “the side cover 20 fixed to the opening portion 13”), Leng does not expressly disclose it being a replaceable impact wear and protection article that allows for repair and/or replacement e.g. via adhesive/caulking connection.
Yamanaka teaches a replaceable impact wear and protection article (33) that allows for repair and/or replacement e.g. via adhesive/caulking connection. (pg. 3 describes attachment via adhesive/caulking and therefore is detachable via removal or stripping of the adhesive/caulking for replacement with a new one; see MPEP § 2112, 2114) as a viable alternative to a fixed connection that may help seal the crank arm from water (pg. 2-3, “The circumference of the lid member 33 and the right crank 1 main body are fixed to each other by inert gas arc welding using argon gas. The reverse surface of the right crank 1 main body and the surface of the lid member 33 are arranged so as to form a single plane. Any build up 34 from the welding should be shaved off by a cutting process or the like after welding to fashion a single plane so as to provide an attractive appearance. Of course, the lid member 33 and the right crank 1 main body may be joined using an adhesive instead of by welding. Examples of adhesives which can be used include epoxy resins and cyanoacrylates. Caulking and adhesives may be used concurrently. In such cases, the gaps between the caulking joints can be filled with an adhesive, thereby preventing water or the like from penetrating inside.”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, Leng such that the impact wear and protection article is a replaceable impact wear and protection article that allows for repair and/or replacement e.g. via adhesive/caulking connection, as taught by Yamanaka, as it is a viable alternative to a fixed connection that may help seal the crank arm from water.
Leng as modified above further teaches the following:
Regarding claim 3:
The crank arm of Claim 1, wherein said recessed region extends into at least a portion of said second side surface of said crank arm body (FIG. 1 depicts recessed region portion 131 cutting laterally into the region of the first and second side surfaces), said replaceable impact and wear protection article disposed at least partially within said recessed region in said first side surface of said crank arm body (FIG. 1 depicts recessed region portion 131 cutting laterally into the region of the first and second side surfaces for fitting the protection article 20, namely by portion 201).
Regarding claim 4:
The crank arm of Claim 1, wherein said recessed region extends into at least a portion of both said first side surface of said crank arm body and said second side surface of said crank arm body (FIG. 1 depicts recessed region portion 131 cutting laterally into the region of the first and second side surfaces) , said impact and wear protection article disposed at least partially within both said recessed region in said first side surface of said crank arm body and said recessed region in said second side surface of said crank arm body (FIG. 1 depicts recessed region portion 131 cutting laterally into the region of the first and second side surfaces for fitting the protection article 3; see fitting of portions 131 and 201 in FIG. 3).
Regarding claim 6:
The crank arm of Claim 1, wherein said replaceable impact and wear protection article is selected from the group consisting of: a plate and a strip (FIG. 1 reasonably depicts/discloses element 20 being an elongated but relatively thin piece i.e. a strip; see MPEP § 2125).
Regarding claim 7, although Leng discloses that the crank main body is made of “aluminum alloy” (pg. 2), it does not expressly disclose that the replaceable impact and wear protection article is made from metal/metal alloy.
Yamanaka teaches the replaceable impact and wear protection article is formed from a material selected from the group consisting of: a metal (pg. 3, “aluminum alloy plate”) or a metal alloy (pg. 3, “lid member 133 is made of one aluminum alloy plate and is bent into shape allowing the lid to be placed along the beveled incline 130 of the groove 31 for assembly”).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, Leng such that the replaceable impact and wear protection article is made from metal/metal alloy, as taught by Yamanaka, as such a material is allowed to be bent into the proper shape and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 8:
The crank arm of Claim 1, wherein said impact and wear protection article is adhesively coupled with said crank arm body (pg. 3 in Yamanaka describes attachment via adhesive/caulking and therefore is detachable via removal or stripping of the adhesive/caulking for replacement with a new one; see MPEP § 2112, 2114).
Regarding claim 9:
The crank arm of Claim 1, wherein said impact and wear protection article is removably coupled with said crank arm body (pg. 3 in Yamanaka describes attachment via adhesive/caulking and therefore is detachable via removal or stripping of the adhesive/caulking for replacement with a new one; see MPEP § 2112, 2114).
Regarding claim 11:
The crank arm of Claim 1, further comprising: said replaceable impact and wear protection article shaped such that, when at least partially disposed within said recessed region of said crank arm body, said replaceable impact and wear protection article will match a contour of said crank arm body (FIG. 3 reasonably discloses/depicts a flush fit i.e. matching contour; see MPEP § 2125).
Regarding claim 12:
The crank arm of Claim 1, wherein said replaceable impact and wear protection article is formed of at least two separate parts (FIG. 1-3 depict two separate parts 20).
Regarding claim 13:
A crank arm (depicted in FIG. 2) comprising:
a crank arm body (10; FIG. 1), said crank arm body having a front surface (top surface in FIG. 2; 101 in FIG. 3) which will be directed toward a user’s leg when in operation (FIG. 1-2 reasonably depicts/discloses the hole at end 12 being for attachment with a bicycle pedal which would extend upward, hence the top surface facing the rider’s leg; see MPEP § 2125 ), a back surface (bottom surface in FIG. 2; 102 in FIG. 3) which will be directed toward a frame when installed on a vehicle (FIG. 1-2 reasonably depicts/discloses the hole 15 at end 11 being for attachment with a spindle/bottom bracket/frame which would extend downward, hence the bottom surface facing the bicycle frame; see MPEP § 2125), a first side surface (left edge surface at 17 in FIG. 1-2) and a second side surface (edge surface opposite the left edge surface at 17 in FIG. 1-2 e.g. adjacent reference number 10 in FIG. 1), said crank arm body having an upper portion (at 11 in FIG. 1) proximate a spindle insert (pg. 2, “head 11 is provided for locking the bicycle element with sleeve hole 15”), a lower portion (at 12; FIG. 1) proximate a pedal insert (bicycle element that is to be inserted in the hole adjacent reference number 1 in FIG. 1) and a middle portion (generally at reference number 10 in FIG. 2) disposed between said upper portion and said lower portion (portion between ends 11, 12, see in FIG. 2);
a recessed region (131) formed into at least a portion of said front surface of said crank arm body (depicted in FIG. 3), said recessed region disposed at least partially in said middle portion of said crank arm body (depicted in FIG. 1);
a replaceable impact and wear protection article (20; FIG. 1) coupled with said crank arm body (depicted in FIG. 2-3), said replaceable impact and wear protection article disposed at least partially within said recessed region (via portion 201) and at least partially and at least partially covering said front surface of said crank arm body (FIG. 3 depicts an upper portion of the article 20, near reference number 201, that covers the front surface of the crank arm body at 131), said replaceable impact and wear protection article allowing for repair and/or replacement of said replaceable impact and wear protection article (pg. 3 describes attachment via adhesive/caulking and therefore is detachable via removal or stripping of the adhesive/caulking for replacement with a new one; see MPEP § 2112, 2114); and
wherein said recessed region extends into at least a portion of said first side surface of said crank arm body (portion 131 is formed on the side surface near reference number 17, see in FIG. 1), said replaceable impact and wear protection article disposed at least partially within said recessed region and at least partially covering said first side surface of said crank arm body (via portion 201, see in FIG. 1-2).
Regarding claim 15:
The crank arm of Claim 13, wherein said recessed region extends into at least a portion of said second side surface of said crank arm body (FIG. 3 depicts recessed region portion 131 cutting laterally into the region of the first and second side surfaces) , said replaceable impact and wear protection article disposed at least partially within said recessed region in said first side surface of said crank arm body (FIG. 3 depicts recessed region portion 131 cutting laterally into the region of the first and second side surfaces for fitting the protection article 20) and at least partially covering said second side surface of said crank arm body (depicted in FIG. 3).
Regarding claim 16:
The crank arm of Claim 13, wherein said recessed region extends into at least a portion of both said first side surface of said crank arm body and said second side surface of said crank arm body (FIG. 3 depicts recessed region portion 131 cutting laterally into the region of the first and second side surfaces) , said impact and wear protection article disposed at least partially within both said recessed region in said first side surface of said crank arm body and said recessed region in said second side surface of said crank arm body (FIG. 3 depicts recessed region portion 131 cutting laterally into the region of the first and second side surfaces for fitting the protection article 20), said replaceable impact and wear protection article at least partially covering both said first side surface of said crank arm body and said second side surface of said crank arm body (depicted in FIG. 3).
Regarding claim 17:
The crank arm of Claim 13, wherein said impact and wear protection article is formed from a material selected from the group consisting of: a metal (pg. 3 in Yamanaka, “aluminum alloy plate”), a metal alloy, a rubber, a plastic, a composite material, or a combination thereof.
Regarding claim 18:
The crank arm of Claim 13, wherein said impact and wear protection article is adhesively coupled with said crank arm body (pg. 3 in Yamanaka describes attachment via adhesive/caulking and therefore is detachable via removal or stripping of the adhesive/caulking for replacement with a new one; see MPEP § 2112, 2114).
Regarding claim 19:
The crank arm of Claim 13, wherein said impact and wear protection article is removably coupled with said crank arm body (pg. 3 in Yamanaka describes attachment via adhesive/caulking and therefore is detachable via removal or stripping of the adhesive/caulking for replacement with a new one; see MPEP § 2112, 2114).
Regarding claim 20:
The crank arm of Claim 13, further comprising: said replaceable impact and wear protection article shaped such that, when at least partially disposed within said recessed region of said crank arm body, said replaceable impact and wear protection article will match a contour of said crank arm body (FIG. 3 depicts a flush fit i.e. matching contour).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 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.
Claim(s) 5 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamanaka.
Regarding claim 5, Leng in view of Yamanaka teaches the crank arm of Claim 1, see above, further including that the crank arm body be light weight (pg. 1 in Yamanaka, “Bicycles should be made as light-weight as possible, and all the parts of a bicycle should therefore be made as light as possible. This is true of bicycle cranks as well.”). However, Leng does not expressly disclose that said crank arm body is at least partially formed of a composite material. In certain circumstances where appropriate, an examiner may take official notice of facts not in the record or rely on "common knowledge" in making a rejection. See MPEP § 2144.03. Official notice unsupported by documentary evidence should only be taken by the examiner where the facts asserted to be well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA 1970). Here, the Examiner takes official notice that forming a crank arm body from composite material is instantly and unquestionably well-known and common knowledge in the art. As such, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, Leng/Yamanaka’s crank arm to be formed at least partially from a composite material as such combination of elements are instantly and unquestionably well-known and common knowledge in the art. In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention form it of a composite material since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 12, Yamanaka does not expressly disclose that said replaceable impact and wear protection article is formed of at least two separate parts.
In certain circumstances where appropriate, an examiner may take official notice of facts not in the record or rely on "common knowledge" in making a rejection. See MPEP § 2144.03. Official notice unsupported by documentary evidence should only be taken by the examiner where the facts asserted to be well-known, or to be common knowledge in the art are capable of instant and unquestionable demonstration as being well-known. In re Ahlert, 424 F.2d 1088, 1091, 165 USPQ 418, 420 (CCPA 1970). Here, the Examiner takes official notice that providing a replaceable impact and wear protection article as being formed of at two separate parts, e.g. to provide more protective coverage, is instantly and unquestionably well-known and common knowledge in the art. As such, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify, with a reasonable expectation of success, Yamanaka such that a replaceable impact and wear protection article as being formed of at two separate parts, e.g. to provide more protective coverage as such a combination of elements are instantly and unquestionably well-known and common knowledge in the art. "[A]n implicit motivation to combine exists not only when a suggestion may be gleaned from the prior art as a whole, but when the ‘improvement’ is technology-independent and the combination of references results in a product or process that is more desirable, for example because it is stronger, cheaper, cleaner, faster, lighter, smaller, more durable, or more efficient. Because the desire to enhance commercial opportunities by improving a product or process is universal-and even common-sensical-we have held that there exists in these situations a motivation to combine prior art references even absent any hint of suggestion in the references themselves. In such situations, the proper question is whether the ordinary artisan possesses knowledge and skills rendering him capable of combining the prior art references." DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick Co., 80 USPQ2d 1641, 1651 (Fed. Cir. 2006); see MPEP § 2143(I)(G). Here, one having ordinary skill in the art would be capable of duplicating the protective element in Yamanaka to provide more protective coverage on the crank arm.
Also, it would have been obvious to a replaceable impact and wear protection article as being formed of at two separate parts, e.g. to provide more protective coverage since it has been held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.); see MPEP § 2144.04 (VI).
Response to Arguments
Applicant’s amendments to the claims filed 7/10/2026 have been fully considered and have required new grounds of rejection is made in view of Leng, as described supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL D YABUT whose telephone number is (571)270-5526. The examiner can normally be reached on Monday through Friday from 9:00 AM to 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor John Olszewski can be reached on (571) 272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DANIEL D YABUT/Primary Examiner, Art Unit 3656
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