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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(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) 1-3, 11-17, 19-22, 27 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by D’Aluisio (“D’Aluisio”).
Regarding Claim 1, D’Aluisio discloses a brake mount (96 “caliper mount”) for coupling a brake caliper (98) to a bicycle (26), the brake mount bracket comprising: a first opening (opening inside of 102 “hub mount” [i.e. sleeve integral to 96], Para 28, Fig 11) for receiving an axle (94 hub/axle, Fig 9, 10) of a hub assembly of the bicycle (Fig 1,2), the axle extending along a rotational axis (62 “center of axle”, Para 22, Fig 4, 62 is coaxial with and parallel to the central axis of 102 as shown Fig 11, 9-11) of the hub assembly; a bore (a first and second bores shown Fig 11) to receive a caliper fastener (not shown, received in each bore and 96 “caliper mount”) to couple (shown Figs 9, 10) the brake caliper to the bracket, an axis of the bore being perpendicular (Fig 11) to the rotational axis; and a second opening (receiving 104 “upper mount” including a pivotable connection with pin surrounded by an annular sleeve like member, cotter pin, Fig 11) for receiving a frame fastener (100 “link” with two brackets for a pin [i.e. post] for a pivoting fastener to the frame, Para 28, Fig 11) to fixedly (axially) couple the brake mount bracket to a frame (34 “for blade , Para 28, Fig 2, 9-11) of the bicycle, the second opening being at least partially provided radially outwardly of (is radially outward of the bore that is closest to the first opening, Fig 9 -11) the bore relative to the first opening when the brake mount bracket is installed on the bicycle.
Regarding Claim 2, D’Aluisio discloses the brake mount bracket of claim 1, wherein a central axis of the first opening is parallel to (as shown Fig 11) a central axis of the second opening, the central axis of the first opening is coaxial with the rotational axis (as described in paragraph 4 of this document).
Regarding Claim 3, D’Aluisio discloses the brake mount bracket of claim 1, wherein a central axis of the first opening is coaxial with the rotational axis (as described in paragraph 4 of this document).
Regarding Claim 11, D’Aluisio discloses the brake mount bracket of claim 1, wherein the second opening is configured to receive a post coupled to the frame (as described in paragraph 4 of this document).
Regarding Claim 12, D’Aluisio discloses the brake mount bracket of claim 11, further including a sleeve to be disposed around the post (as described in paragraph 4 of this document) to increase a contact area (the sleeve, surrounding the post having a larger diameter than the pin, would effectively increase the contact area with the bracket) between the bracket and the post.
Regarding Claim 13, D’Aluisio discloses the brake mount bracket of claim 1, further comprising a second bore to receive a second caliper fastener to couple the brake caliper to the bracket (as described in paragraph 4 of this document).
Regarding Claim 14, D’Aluisio discloses the brake mount bracket of claim 13, wherein axes of the bore and the second bore are parallel (as shown Fig 11).
Regarding Claim 15, D’Aluisio discloses the brake mount bracket of claim 1, wherein the second opening (as described in paragraph 4 of this document) coupled to the frame is configured to allow axial and/or radial movement of the bracket (the cotter pin, pin and being a detachable pivoting connection, when the cotter pin and pin is detached from the second opening would allow axial and/or radial movement of bracket” with respect to the frame and sleeve).
Regarding Claim 16, D’Aluisio discloses the brake mount bracket of claim 1, further comprising a sleeve (as described in paragraph 4) disposed around the frame fastener, the second opening of the bracket configured to allow the bracket to move axially relative to the sleeve (the cotter pin, pin and being a detachable pivoting connection, when the cotter pin and pin is detached from the second opening would allow axial and/or radial movement of bracket” with respect to the sleeve).
Regarding Claim 17, D’Aluisio discloses the brake mount bracket of claim 1, wherein the axle (94) includes bolt threads (Fig 2, 9 10 shows nut, implicitly connected to threads on end of hub axle 94) on one end and a bolt head (Fig 2, 9, 10 shows other end of 94 has a head at opposite end) at the other end.
Regarding Claim 19, D’Aluisio discloses a brake mount bracket (96 “caliper mount”) for coupling a brake caliper (98) to a bicycle (26), the brake mount bracket comprising: an axle coupling portion having a first opening (opening inside of 102 “hub mount” [i.e. sleeve integral to 96], Para 28, Fig 11) for receiving an axle (94 hub/axle, Fig 9, 10) of a hub assembly of the bicycle (Fig 1,2), the axle extending along a rotational axis (62 “center of axle”, Para 22, Fig 4, 62 is coaxial with and parallel to the central axis of 102 as shown Fig 11, 9-11) of the hub assembly; a caliper mounting portion having a bore (a first and second bores shown Fig 11) to receive a caliper fastener (not shown, received in each bore and 96 “caliper mount”) to couple (shown Figs 9, 10) the brake caliper to the bracket, an axis of the bore being perpendicular (Fig 11) to the rotational axis; and a frame coupling portion having a second opening (receiving 104 “upper mount” including a pivotable connection with pin surrounded by an annular sleeve like member, cotter pin, Fig 11) for receiving a frame fastener (100 “link” with two brackets for a pin [i.e. post] for a pivoting fastener to the frame, Para 28, Fig 11) to fixedly (axially) couple the brake mount bracket to a frame (34 “for blade , Para 28, Fig 2, 9-11) of the bicycle, the frame coupling portion being at least partially provided radially outwardly of (is radially outward of the bore that is closest to the first opening, Fig 9 -11) the caliper mounting portion relative to the rotational axis.
Regarding Claim 20, D’Aluisio discloses the brake mount bracket of claim 19, wherein the frame coupling portion is configured to be in a first state (when the cotter pin, pin are detached from pivoting connection in second opening, allowing axial and/or radial movement of bracket with respect to the frame and sleeve, Para 28, Fig 11) in which the frame coupling portion is axially unconstrained and is configured to be in a second state (when the cotter pin, pin are connected from pivoting connection in second opening, not allowing axial and/or radial movement of bracket with respect to the frame and sleeve, Para 28) in which the frame coupling portion is axially constrained wherein when the frame coupling portion is in the first state, the frame coupling portion is movable between a plurality of axial and/or radial positions (Para 28, Fig 11) .
Regarding Claim 21, D’Aluisio discloses the brake mount bracket of claim 19, wherein a first distance (linear distance between central axis of 102 and central axis of pin in 104 Fig 11) is defined between the axle coupling portion and the frame coupling portion, a second distance (linear distance between either bore and central axis of pin in 104, Fig 11) is defined between axle coupling portion and the caliper mounting portion, and the first distance is longer than the second distance (Fig 11).
Regarding Claim 22, D’Aluisio discloses the brake mount bracket of claim 19, wherein the second opening (having a detachable connection via cotter pin in pin in sleeve as described in para 14 of this document) is configured to allow axial and/or radial movement of the bracket (when connection in second opening is detached, the bracket could move axially, radially with respect to the frame).
Regarding Claim 27, D’Aluisio discloses the brake mount bracket of claim 19, wherein the axle (94) includes bolt threads (Fig 2, 9 10 shows nut, implicitly connected to threads on end of hub axle 94) on one end and a bolt head (Fig 2, 9, 10 shows other end of 94 has a head at opposite end) at the other end.
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) 4 and 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over D’Aluisio as applied to claim 1 above, and further in view of WO 2015079425 A1 to Nolin (“Nolin”).
Regarding Claim 4, D’Aluisio discloses the brake mount bracket of claim 1, but does not disclose wherein the second opening is at least partially elongated in the radial direction relative to a central axis of the first opening to accommodate different radial frame mount distances (italicized limits: intended use not limiting).
Nolin discloses a bracket (192 “caliper mounting bracket”) connected to the frame via a second opening (194 “elongated slot”, Para 81, Fig 14c) that is at least partially elongated in the radial direction (Fig 14c) relative to a central axis of the first opening (larger opening in bracket coaxial with central hole of brake disc in Fig 14b) to accommodate different radial frame mount distances (italicized limits: “intended use” not limiting; elongated slot allows caliper 45b to be adjustable via the adjustable slot in bracket, Para 81).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the brake mount bracket and the bracket having a second opening that is at least partially elongated in the radial direction relative to a central axis of the first opening, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the brake mount bracket of D’Aluisio and the teaching of the bracket having a second opening that is at least partially elongated in the radial direction relative to a central axis of the first opening, of Nolin, to modify the bracket such that the second opening is at least partially elongated in the radial direction relative to a central axis of the first opening, with the motivation allow adjustment (e.g. for accommodating different radial frame mount distances) of the brake caliper (Nolin Para 81), having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 23, D’Aluisio discloses the brake mount bracket of claim 19, but does not disclose wherein the second opening is elongated in the radial direction relative to a central axis of the first opening to accommodate different radial frame mount distances (italicized limits not limiting).
Nolin discloses a bracket (192 “caliper mounting bracket”) connected to the frame via a second opening (194 “elongated slot”, Para 81, Fig 14c) that is at least partially elongated in the radial direction (Fig 14c) relative to a central axis of the first opening (larger opening in bracket coaxial with central hole of brake disc in Fig 14b) to accommodate different radial frame mount distances (italicized limits: “intended use” not limiting; elongated slot allows caliper 45b to be adjustable via the adjustable slot in bracket, Para 81).
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the brake mount bracket and the bracket having a second opening that is at least partially elongated in the radial direction relative to a central axis of the first opening, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the brake mount bracket of D’Aluisio and the teaching of the bracket having a second opening that is at least partially elongated in the radial direction relative to a central axis of the first opening, of Nolin, to modify the bracket such that the second opening is at least partially elongated in the radial direction relative to a central axis of the first opening, with the motivation allow adjustment of the brake caliper (Nolin Para 81), having an expectation of equivalent function and a reasonable expectation of success.
Claim(s) 5-9 and 24-26 is/are rejected under 35 U.S.C. 103 as being unpatentable over D’Aluisio as applied to claim 1 above, and further in view of US-9227465-B2 to Nakajima (“Nakajima”).
Regarding Claim 5, D’Aluisio discloses the brake mount bracket of claim 1, further comprising a first side (outwards toward frame Fig 9), a second side (inwards toward axle Fig 11, 10) opposite the first side, and a sleeve (102) extending from the second side (Fig 11) of the bracket, the first opening coaxial with an opening of the sleeve (opening centered in 102, as described in paragraph 4 of this document).
D’Aluisio does not disclose details of the connection of the bracket to the outer frame member, nor a sleeve extending from the first side of the bracket, the sleeve configured to extend into an axle opening in the frame of the bicycle.
Nakajima discloses a bracket (52 “rear derailer hanger”), having a sleeve (64 “externally threaded attachment portion”, the sleeve 64 being a separate part from bracket 52, that engages with 50 “anti-rotating member with 56 “internal threads”, [i.e. nut] Col 6, lines 9-13, Fig 3, 9), the sleeve 64 having an outward facing axial surface extending from the first side (Fig 3, of the bracket (18a) the sleeve configured to extend into an axle opening (18a “mounting opening of bicycle frame receiving 30 “wheel securing axle” and 34b “hub axle” [i.e. an axle opening], in 18 “rear portion” of 16 “frame”, Col 4 lines ) in the frame of the bicycle.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the brake mount bracket and the sleeve extending from the first side of the bracket, the sleeve configured to extend into an axle opening in the frame of the bicycle, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the brake mount bracket of D’Aluisio and the teaching of the sleeve extending from the first side of the bracket, the sleeve configured to extend into an axle opening in the frame of the bicycle of Nakajima, to modify the bracket such that it includes a sleeve extending from the first side of the bracket, the sleeve being a separate part from the bracket, the sleeve configured to extend into an axle opening in the frame of the bicycle (like Nakajima), with the motivation to have an adjustable threaded connection between the bracket and axle opening in the frame (Col 6 line 18-21), having an expectation of equivalent function and a reasonable expectation of success.
Regarding claim 6, the combination of D’Aluisio and Nakajima disclose the brake mount bracket of claim 5, wherein a distal end of the sleeve is threaded for receiving a nut to be threadedly coupled to the distal end of the sleeve when the sleeve is inserted into the axle opening in the frame (50 as described in 30 previous paragraph of this document).
Regarding claim 7, the combination of D’Aluisio and Nakajima disclose the brake mount bracket of claim 6, wherein the sleeve has an outward facing axial surface (as described in paragraph 30 of this document) near the distal end to be engaged by a head of the axle (D’Aluisio hub axle has head Fig 10, 2 at outer axle opening in frame, thus would engage with outward facing axial surface of sleeve described in paragraph 30 of this document)
Regarding claim 8, the combination of D’Aluisio and Nakajima disclose the brake mount bracket of claim 5, but does not disclose wherein the sleeve and bracket are constructed of a single unitary part.
It would have been obvious before the effective filing date of the claimed invention, to have further modified the brake mount of the combination of D’Alusio and Nakajima, such that the sleeve were integral to the bracket such that the bracket and sleeve are constructed of a single unitary part, with the motivation to reduce the number of parts of the bracket.
Regarding claim 9, the combination of D’Aluisio and Nakajima disclose the brake mount bracket of claim 5, wherein the sleeve is a separate part from the bracket, the sleeve is received in the first opening, the sleeving having an opening coaxial with the first opening (as described in paragraph 25 of this document).
Regarding Claim 24, D’Aluisio discloses the brake mount bracket of claim 19, but does not disclose further comprising a sleeve extending from the axle coupling portion, the first opening coaxial with an opening of the sleeve, the sleeve configured to extend into an axle opening in the frame of the bicycle.
Nakajima discloses a bracket (52 “rear derailer hanger”), having a sleeve (64 “externally threaded attachment portion”, the sleeve 64, that engages with 50 “anti-rotating member with 56 “internal threads”, [i.e. nut] Col 6, lines 9-13, Fig 3, 9), the sleeve 64 having an outward facing axial surface extending from the axle coupling (threaded hole inward and interior to 64, through which 30 passes, the sleeve configured to extend into an axle opening (18a “mounting opening of bicycle frame receiving 30 “wheel securing axle” and 34b “hub axle” [i.e. an axle opening], in 18 “rear portion” of 16 “frame”, Col 4 lines ) in the frame of the bicycle.
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the brake mount bracket and the sleeve extending a sleeve extending from the axle coupling portion, the first opening coaxial with an opening of the sleeve, the sleeve configured to extend into an axle opening in the frame of the bicycle, in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the brake mount bracket of D’Aluisio and the teaching of a sleeve extending from the axle coupling portion, the first opening coaxial with an opening of the sleeve, the sleeve configured to extend into an axle opening in the frame of the bicycle of Nakajima, to modify the bracket such that it includes a sleeve extending from the axle coupling portion, the first opening coaxial with an opening of the sleeve, the sleeve configured to extend into an axle opening in the frame of the bicycle (like Nakajima), with the motivation to have an adjustable threaded connection between the bracket and axle opening in the frame (Col 6 line 18-21), having an expectation of equivalent function and a reasonable expectation of success.
Regarding Claim 25, the combination of D’Aluisio and Nakajima discloses the brake mount bracket of claim 24, wherein a distal end of the sleeve is threaded for receiving a nut to be threadably coupled to the distal end of the sleeve when the sleeve is inserted into the axle opening in the frame (as described in paragraph 34 of this document).
Regarding Claim 26, D’Aluisio discloses the brake mount bracket of claim 25, wherein the sleeve has an outward facing axial surface near the distal end to be engaged by a head of the axle (as described in paragraph 34 of this document)..
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over D’Aluisio as applied to claim 1 above, and further in view of DE-102018205046-A1 to Nago (“Nago”).
Regarding Claim 10, D’Aluisio discloses the brake mount bracket of claim 1, further comprising a first side (outwards toward frame Fig 9), a second side (inwards toward axle Fig 11, 10) opposite the first side.
D’Aluisio does not disclose a gap extending between the first and second sides, and between the second opening and an outer peripheral edge of the bracket; a fastener opening extending into the bracket; and a clamp fastener to be inserted into the fastener opening.
Nago discloses a brake caliper bracket (64, Fig 3) including: a gap (86b, Fig 6) extending between the first and second sides (front rear of top subfigure in Fig 7, Fig 8), and between a second opening (106a, Fig 6) and an outer peripheral edge (top subfigure in Fig 7, 8) of the bracket; a fastener opening (106c, Fig 6) extending into the bracket; and a clamp bolt (108, Fig 6) to be inserted into the fastener opening (English translation Page 11, last paragraph beginning with “The projection…").
The difference between the disclosure in the claimed invention and the prior art, is that the prior art does not disclose the brake mount having a bracket and the bracket including a gap extending between the first and second sides, and between the second opening and an outer peripheral edge of the bracket; a fastener opening extending into the bracket; and a clamp bolt to be inserted into the fastener opening in a single combined apparatus.
It would have been obvious to one skilled in the art before the effective filing date of the claimed invention to have combined the brake mount having a bracket of D’Aluisio and the bracket including a gap extending between the first and second sides, and between the second opening and an outer peripheral edge of the bracket; a fastener opening extending into the bracket; and a clamp bolt to be inserted into the fastener opening of Nago, to modify the second opening and post of D’Aluisio, with a clamped connection like Nago including a gap extending between the first and second sides, and between the second opening and an outer peripheral edge of the bracket; a fastener opening extending into the bracket; and a clamp bolt to be inserted into the fastener opening, as a substitution for alternative disconnectable pivotable connection, to attach the brake mount bracket to the frame with the motivation to have a clamp that allows for adjustable orientation therein (Nago English translation Page 11, last paragraph beginning with “The projection…")., having an expectation of equivalent function and a reasonable expectation of success.
Allowable Subject Matter
Claim 18 and 28 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 an examiner’s statement of reasons for allowable subject matter. The prior art fails to disclose, teach or make obvious the following limits of Claim 18 and 28:
Regarding Claim 18, the primary references applied do not teach a structure analogous to: the brake mount bracket of claim 1, wherein when viewed in a direction perpendicular to a rotor axis of a rotor mounted to the axle, the second opening intersects a plane of the rotor when installed on the bicycle, the plane of the rotor being perpendicular to the rotor axis and between braking surfaces of the brake caliper.
Regarding Claim 28, Regarding Claim 18, the primary references applied do not teach a structure analogous to: the brake mount bracket of claim 19, wherein when viewed in a direction perpendicular to a rotor axis of a rotor mounted to the axle, the second opening intersects a plane of the rotor when installed on the bicycle, the plane of the rotor being perpendicular to the rotor axis and between braking surfaces of the brake caliper.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Talavesek (US-8075010-B2), Choi (US-20190376778-A1), Madhaven (US-20190152258-A1), Bergles (DE-3622994-A1), (Ryuichi (JP-5873567-B2), Myashita (JP-H02472-B2), Li (TW-M316211-U), Wen (TW-M597744-U), Tribotte (CN-101296839-A), and Jedele (CN-212055594-U) disclose one or more of: brake mount brackets coupling a brake caliper to a bicycle, having at least one openings, bore, post, sleeve coordination with hub, axle, frame, fasteners, bolts, nuts, washer
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVA LYNN COMINO whose telephone number is (571)270-5839. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joe Morano can be reached at 571-272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EVA L COMINO/Examiner, Art Unit 3615
/S. Joseph Morano/Supervisory Patent Examiner, Art Unit 3615
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