DETAILED ACTION
Application Status
Claims 1-11 are pending and have been examined in this application.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 02/19/2025, 12/02/2025, and 09/03/2026 has been reviewed and considered.
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 5 and 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 5 claims “a second pin” but does not claim “a first pin”. Accordingly, it is unclear if the applicant intends for the scope of claim 5 to encompass one or two pins.
Claim 11 claims “a second handle” but does not claim “a first handle”. Accordingly, it is unclear if the applicant intends for the scope of claim 11 to encompass one or two handles.
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.
(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.
Claims 1, 6, and 9 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Herder (US 6032971 A).
With respect to claim 1, Herder discloses a foldable structure, comprising: a supporting pipe (1, Fig. 1) defined with a reference axis passing through a middle of the supporting pipe; at least one first driving rod (11) pivotally connected to the supporting pipe at a pivot part (14) of the at least one first driving rod, wherein the pivot part of the at least one first driving rod is defined as a first pivot point; at least one second driving rod (15) pivotally connected to the supporting pipe at a pivot part (14) of the at least one second driving rod, wherein the pivot part of the at least one second driving rod is defined as a second pivot point; and a movable assembly comprising a movable pipe (21), a first connecting member (19), and a second connecting member (20), wherein the movable pipe fits around the supporting pipe and is movable between a first position and a second position along the reference axis (see "slidable", Col. 2, L. 43); two ends of the first connecting member are respectively and pivotally connected to the movable pipe and the at least one first driving rod (see 19, Figs. 1 and 2); two ends of the second connecting member are respectively and pivotally connected to the movable pipe and the at least one second driving rod (see 20, Figs. 1 and 2); wherein when the movable pipe moves from the first position to the second position on the supporting pipe along the reference axis, the movable pipe pulls the at least one first driving rod to pivot around the first pivot point in a first rotation direction through the first connecting member and pulls the at least one second driving rod to pivot around the second pivot point in a second rotation direction through the second connecting member (see Col. 2, LL. 50-65 and Figs. 1-3); the first rotation direction (clockwise) is opposite to the second rotation direction (anticlockwise).
With respect to claim 6, Herder discloses a frame with a foldable structure, comprising:
a front wheel frame (8/9, Fig. 1) adapted to be installed with a front wheel (see annotated figure below); a handlebar frame (see annotated figure below) connected to the front wheel frame; and a foldable structure comprising a supporting pipe (1, Fig. 1), a movable assembly, at least one first driving rod (11), and at least one second driving rod (15), wherein the supporting pipe is defined with a reference axis passing through a middle of the supporting pipe; the movable assembly comprises a movable pipe (21), a first connecting member (19), and a second connecting member (20), wherein the movable pipe fits around the supporting pipe and is movable between a first position and a second position along the reference axis (see "slidable", Col. 2, L. 43); a first proximal end of the at least one first driving rod is pivotally connected to the supporting pipe at a pivot part (12) of the at least one first driving rod; the pivot part of the at least one first driving rod is defined as a first pivot point; the at least one first driving rod is pivotable around the first pivot point in a first rotation direction (anticlockwise); a first distal end of the at least one first driving rod is connected to the front wheel frame; a second proximal end of the at least one second driving rod is pivotally connected to the supporting pipe at a pivot part (17) of the at least one second driving rod; the pivot part of the at least one second driving rod is defined as a second pivot point; the at least one second driving rod is pivotable around the second pivot point in a second rotation direction; a second distal end of the at least one second driving rod is adapted to be installed with a rear wheel (see annotated figure below).
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With respect to claim 9, Herder discloses the frame with the foldable structure as claimed in claim 6, wherein the first distal end of the at least one first driving rod (11) is pivotally connected to the front wheel frame (see annotated figure above); when the at least one first driving rod pivots around an end of the supporting pipe in the first rotation direction, the at least one first driving rod drives the front wheel frame to move towards the reference axis (see position of front wheel frame, Fig. 2).
Claim Rejections - 35 USC § 103
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 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Herder (US 6032971 A) in view of May (US 20150232143 A1).
With respect to claim 2, Herder discloses the foldable structure as claimed in claim 1, wherein a location in which the first connecting member (11, Fig. 1) is pivotally connected to the movable pipe is higher than a location in which the second connecting member is pivotally connected to the movable pipe. Note, the angle of the support pipe (1) relative to a true vertical axis results in the first connecting member being connected at a higher location than the second connecting member.
Herder is silent in teaching that when the movable pipe moves from the first position to the second position, an arc length of a trajectory formed by the at least one first driving rod pivoting around the first pivot point is greater than an arc length of a trajectory formed by the at least one second driving rod pivoting around the second pivot point.
May teaches that an increased wheelbase on a bicycle provides additional stability when travelling uphill and further teaches than an increased wheelbase lessens the tendency of a front wheel from lifting off the ground (see paragraph [0016]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Herder to arrive at the claimed invention because such a modification requires only a change in size of the second driving rod (see MPEP 2144.04 IV. A.). Increasing the length of the second driving rod (15) would cause its free end to be located further away from its pivot point which would increase the arc length of the trajectory formed by the second driving rod pivoting around its pivot point. Further, such a person would be motivated to increase the wheelbase of the bicycle to provide additional stability on inclines and to inhibit the front wheel from lifting off the ground as taught by May (May; see paragraph [0016])
Claim 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Herder (US 6032971 A) in view of Wu (CN 202944503 U).
With respect to claim 4, Herder discloses the foldable structure as claimed in claim 1 but is silent in teaching a second first driving rod and a first pin passing between the two first driving rods; a part of the first connecting member is located between the two first driving rods; the first pin is pivotally connected to the first connecting member.
Wu teaches a foldable structure comprising two first driving rods (3, Fig. 1) and a connecting member (see annotated figure below) located between the driving rods; and a first pin (see annotated figure below) passing between the two first driving rods, the pin being pivotally connected to the connecting member. More generally, Wu teaches a known way to create pivotal connections between bicycle frame components in which a connecting member is pinned between parallel frame members.
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Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Herder in view of Wu by substituting the pivotal connection disclosed by Herder for the pivotal connection taught by Wu to arrive at the claimed invention. Such a modification would have been obvious as a simple substitution of one known element (the structure for a pivotal connection disclosed by Herder) for another known element (the structure for a pivotal connection disclosed by Wu) to achieve predictable results (a connection that facilitates the pivoting of one frame element with respect to another).
With respect to claim 5, Herder discloses the foldable structure as claimed in claim 1 but is silent in teaching a second second driving rod and a second pin passing between the two second driving rods; a part of the second connecting member is located between the two first driving rods; the second pin is pivotally connected to the first connecting member.
Wu teaches a foldable structure comprising two second driving rods (see annotated figure below) and a second connecting member (see annotated figure below) located between the driving rods; and a second pin (see annotated figure below) passing between the two first driving rods, the pin being pivotally connected to the connecting member. More generally, Wu teaches a known way to create pivotal connections between bicycle frame components in which a connecting member is pinned between parallel frame members.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Herder in view of Wu by substituting the pivotal connection disclosed by Herder for the pivotal connection taught by Wu to arrive at the claimed invention. Such a modification would have been obvious as a simple substitution of one known element (the structure for a pivotal connection disclosed by Herder) for another known element (the structure for a pivotal connection disclosed by Wu) to achieve predictable results (a connection that facilitates the pivoting of one frame element with respect to another).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Herder (US 6032971 A) in view of Hu (CN 2813433 Y).
With respect to claim 7, Herder discloses the frame with the foldable structure as claimed in claim 6 but is silent in teaching that the second connecting member is a shock absorber.
Hu teaches a frame with a foldable structure comprising a supporting pipe (7, Fig. 1), at least one first driving rod (4), at least one second driving rod (14), a movable assembly (6), and a connecting member (11) connecting the at least one second driving rod with the movable assembly, wherein the connecting member is a shock absorber (“shock-absorbing spring”, paragraph [0016]).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Herder in view of Hu to arrive at the claimed invention and to reduce vibrations transmitted to a rider of the bicycle.
Claims 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Herder (US 6032971 A) in view of Li (CN 113815759 A).
With respect to claim 8, Herder discloses the frame with the foldable structure as claimed in claim 6 but is silent in teaching that the handlebar frame is pivotally connected to the front wheel frame and is pivotable around an end of the front wheel frame in the first rotation direction and in the second rotation direction.
Li discloses a bicycle comprising a handlebar frame (2/3, Fig. 1) that is pivotally connected to a front wheel frame (5) and is pivotable around an end of the front wheel frame in the first rotation direction and in the second rotation direction (see Figs. 4 and 5).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Herder in view of Li to arrive at the claimed invention and to allow the frame to fold to a more compact state.
With respect to claim 11, Herder discloses the frame with the foldable structure as claimed in claim 6 but is silent in teaching a handle disposed on the handlebar frame and is adapted to drive the handlebar frame to pivot around an end of the front wheel frame in the first rotation direction and in the second rotation direction.
Li teaches a handle (1, Fig. 1) disposed on a handlebar frame (2/3) and adapted to drive the handlebar frame to rotate around an end of a front wheel frame (5) in a first rotation direction and in a second rotation direction.
The handle (1) taught by Li is considered to be “adapted to drive the handlebar frame to rotate” because a force applied to the handle would cause the handle to rotate when the handle is unlocked in rotation.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Herder in view of Li to arrive at the claimed invention and to allow a user to select a handlebar position based on their current needs or physiology.
Allowable Subject Matter
Claims 3 and 10 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.
Regarding claims 3 and 10, the closest prior art made of record is Herder (US 6032971 A). Herder discloses a foldable structure, comprising: a supporting pipe (1, Fig. 1) defined with a reference axis passing through a middle of the supporting pipe; at least one first driving rod (11) pivotally connected to the supporting pipe at a pivot part (14) of the at least one first driving rod, wherein the pivot part of the at least one first driving rod is defined as a first pivot point; at least one second driving rod (15) pivotally connected to the supporting pipe at a pivot part (14) of the at least one second driving rod, wherein the pivot part of the at least one second driving rod is defined as a second pivot point; and a movable assembly comprising a movable pipe (21), a first connecting member (19), and a second connecting member (20), wherein the movable pipe fits around the supporting pipe and is movable between a first position and a second position along the reference axis (see "slidable", Col. 2, L. 43); two ends of the first connecting member are respectively and pivotally connected to the movable pipe and the at least one first driving rod (see 19, Figs. 1 and 2); two ends of the second connecting member are respectively and pivotally connected to the movable pipe and the at least one second driving rod (see 20, Figs. 1 and 2); wherein when the movable pipe moves from the first position to the second position on the supporting pipe along the reference axis, the movable pipe pulls the at least one first driving rod to pivot around the first pivot point in a first rotation direction through the first connecting member and pulls the at least one second driving rod to pivot around the second pivot point in a second rotation direction through the second connecting member (see Col. 2, LL. 50-65 and Figs. 1-3); the first rotation direction (clockwise) is opposite to the second rotation direction (anticlockwise).
With respect to claim 3, Herder is silent in teaching a pin passing through the first proximal end, the second proximal end, and the pivot portion; the first pivot point and the second pivot point being located in an extending path of the pin.
With respect to claim 10, Herder is silent in teaching a first handle being pivotally connected to an end of a third connecting member.
Suggestions to modify Herder to arrive at the inventions as claimed in claims 3 and 10 were not reasonably found in the prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and discloses bicycles having folding frames in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew D Lee whose telephone number is (571)272-6087. The examiner can normally be reached Mon. - Fri. (7:30 - 5:00 EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at (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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/MATTHEW D LEE/ Examiner, Art Unit 3617
/DREW J BROWN/ Primary Examiner, Art Unit 3617
