DETAILED ACTION
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claims 1 and 10, the applicant’s claimed extending portion “surrounding the top portion” is not adequate as there’s no surrounding of the top portion as the extending portion is shown to be interior to the outside of the top portion.
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.
Claim(s) 1, 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over JPH044359U (hereafter ‘359).
Regarding claims 1 and 10, ‘359 discloses A bicycle, comprising:
a frame (inherent to a bicycle);
two wheels connected to the frame (inherent to a bicycle);
two handlebars disposed at the frame, a terminal end of each of the handlebars comprising an opening (shown in figure 5); and
two handlebar tape assemblies disposed at the two handlebars respectively, each of the handlebar tape assemblies comprising:
a cover (4) detachably sleeved on each of the terminal ends and comprising:
a top portion covering each of the openings (shown in figure 4);
an extending portion (5, including 10 and 13) surrounding the top portion and extending from the top portion along an axis of the cover, the extending portion and the top portion forming an installing space, wherein the installing space is configured for accommodating each of the terminal ends (see figures 4 and 5); and
at least one cutting slot (16) disposed at the extending portion and extending from a distal end of the extending portion toward the top portion; and
a tape (1), an end of the tape penetrating through the extending portion from the at least one cutting slot and sandwiched between the extending portion and each of the terminal ends, wherein the tape is wound around an outer side of the extending portion and the handlebar about the axis.
It is noted that ‘359 fails to disclose the features of 4 and 5 being provided together. However, it would have been obvious to one having ordinary skill in the art to have modified the device of ‘359 to include 5 as part of the terminal end cover to provide the same function at both ends of the handlebar such that wrapping can begin at either end.
Regarding claim 7, ‘359 discloses a number of the at least one cutting slot is one.
Regarding claim 8 and 9, it is noted that ‘359 fails to disclose the bevel or specific length of the cutting slot. However, these are believed to be obvious design choice wherein the finding of an appropriate length or design of a top surface are that of routine skill. Further, the applicant’s disclosure fails to provide criticality for these features.
Regarding claim 11, it is noted that ‘359 fails to disclose a labeling mark. It would have been obvious to one having ordinary skill in the art to have modified the device to include a mark to either assist in installation, provide information or part numbers to a user.
Allowable Subject Matter
Claims 2-6 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: None of the prior art discloses or suggests each and every aspect fo the applicant’s claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Patrick Cicchino whose telephone number is (571)270-1954. The examiner can normally be reached Monday-Friday, 8:30AM to 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571)270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Patrick Cicchino/Primary Examiner, Art Unit 3619
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