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 § 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.
Claim 1 recites the limitation "the collars" in “lines 9 – 11”. There is insufficient antecedent basis for this limitation in the claim. Claims 2 – 11 depend from rejected claim 1, and therefore, are also rejected.
Claim 5 recites the limitation "the collars" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 5 recites the limitation "the corresponding nut" in in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the collars" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the collars" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the nuts" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claims 1 and 3 – 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by patent document number TW M524296 U to Hsu.
Regarding claims 1 and 3 – 8, Hsu discloses a bracket (See Fig. 1) including:
[Claim 1] a primary U-shaped element (the notch of clip portion 211 into which bicycle portion 4 is inserted, See Fig. 4) including two branches (left and right child bar members 12) and an arched section (the clip portion 211) formed between the branches, wherein each of the branches includes a screw hole (first thread 141), wherein the arched section is connected to a mudguard (soil division 4);
two threaded bolts (left and right screw portions 13) each of which includes a threaded section (first screw 132) inserted in the screw hole (first thread 141) of one of the branches (left and right child bar members 12) and a head (the end of female member 11 adjacent first screw 132) at an end of the threaded section;
the collars (left and right second link sets 3) for receiving two sections (left and right joint members 31) of a skewer (female member 11);
two stems (left and right jaws 321) each of which extends from a corresponding one of the collars (left and right second link sets 3) and includes a thread (second thread 322); and
two sleeves (left and right fixing members 33) each of which includes on an internal face an annular shoulder (the internal surface of the fixing member 33 adjacent to the left opening in the fixing member 33, Fig. 3) and a thread (second threads 331) engaged with the thread (second thread 322) of one of the stems so that the head (the end of female member 11 adjacent first screw 132) of each of the threaded bolts (left and right screw portions 13) is compressed between the corresponding stem and the annular shoulder of the corresponding sleeve (See Fig. 4);
[Claim 3] further including a washer (base 312) sandwiched between the head (the end of female member 11 adjacent first screw 132) of each of the threaded bolts (left and right screw portions 13) and the annular shoulder (the right vertical face of fixing member 33, Fig. 3) of each of the sleeves (left and right fixing members 33);
[Claim 4] wherein each of the threaded bolts (left and right screw portions 13) includes a non-circular bore (the slot between the left and right sides of clip 131) in the head (the end of female member 11 adjacent first screw 132);
[Claim 5] further including a washer (beam holder 35) between each of the collars (left and right second link sets 3) and the corresponding nut (limiting member 36);
[Claim 6] further including a washer (beam holder 35) between each of the collars (left and right second link sets 3) and a portion of a frame (frame 5) of a bicycle;
[Claim 7] further including two washers (band 35 and pedestal 312, Fig. 3) respectively on two sides of each of the collars (left and right second link sets 3); and
[Claim 8] wherein each of the nuts (limiting member 36) includes a lever (the outer knurl of limiting member 36 enabling a better grip, Fig. 3).
Allowable Subject Matter
Claims 2 and 9 – 11 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Regarding claim 2, Hsu discloses the bracket according to claim 1, but does not teach each of the sleeves is formed with a passageway including a larger section for receiving the head of the corresponding threaded bolt and a smaller section for receiving the corresponding branch, wherein the annular shoulder is formed between the larger and smaller sections.
Regarding claim 9, Hsu discloses the bracket according to claim 1, but does not teach further including a secondary U-shaped element with two branches and an arched section formed between the branches of the secondary U-shaped element, wherein the branches of the secondary U-shaped element are respectively connected to the branches of the primary U-shaped element, wherein the arched section of the secondary U-shaped element is connected to the mudguard.
Regarding claim 10, Hsu discloses the bracket according to claim 5, but does not teach wherein each of the branches of the primary U-shaped element extends at an angle from the corresponding branch of the secondary U-shaped element.
Regarding claim 11, Hsu discloses the bracket according to claim 1, but does not teach further including two nuts engaged with two threaded sections of the skewer, thereby keeping the collars on the skewer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2,126,752 A to Devine Bracing guard for motorcycles and similar two-wheeled vehicles
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/KEVIN HURLEY/ Primary Examiner, Art Unit 3611
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