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 8-12 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.
In regards to claim 8, “the fender” in lines 4-5, and “the tire” in line 7 lack proper antecedent basis. Appropriate correction is required.
Claims 9-12 are rejected based on their respective dependencies.
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)(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 1-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sautter et al. (US Pub. No. 2023/0100902 A1).
In regards to claim 1, Sautter teaches an apparatus (200) for protecting a fender (34) of a bicycle, the fender suspended above a surface of a tire (36), the apparatus comprising: a body (201) that includes a sidewall that at least partially defines a protected volume (208) for slidably receiving the fender, and wherein: the sidewall includes a lower sidewall (224) sized to be received between the fender and the tire (e.g.; Para. 0035), the sidewall includes an upper sidewall (222) configured to receive a clamping force, and the clamping force is transferred from the upper sidewall, around the fender and to the tire via the lower sidewall (e.g.; Para. 0056-0057).
In regards to claim 2, Sautter teaches the protected volume is a passage (208) with a crescent-shaped cross section (e.g.; see Fig. 7).
In regards to claim 3, Sautter teaches the body (201) is generally saddle-shaped (e.g.; see Fig. 3).
In regards to claim 4, Sautter teaches the body (201) includes a flange (214, 216) at opposing ends.
In regards to claim 5, Sautter teaches the sidewall includes a first curvature along a length dimension (length of 224 in Fig. 8) and a second curvature along a width dimension (283, Fig. 7), the second curvature being greater than the first curvature (Para. 0052).
In regards to claim 6, Sautter teaches the apparatus is fixed to an adjustable arm of a bicycle rack (40, Fig. 4; Para. 0055-0058).
In regards to claim 7, Sautter teaches a method of protecting a fender (34) of a bicycle, the fender suspended above a surface of a tire (36), the method comprising: aligning an aperture (opening of 208) of an apparatus (200) with the fender, wherein the apparatus includes a body (201) that includes a sidewall formed from an upper sidewall (222) and a lower sidewall (224), wherein the sidewall at least partially defines a protected volume (208) for slidably receiving the fender; sliding the apparatus along a length of the fender; positioning the lower sidewall against the tire (Para. 0057); and lowering an adjustable hoop (40) onto the upper sidewall to provide a clamping force that is transferred from the upper sidewall, around the fender and to the tire via the lower sidewall (Para. 0056).
In regards to claim 8, Sautter teaches a bicycle rack comprising: an adjustable hoop (40); and an apparatus (200) fixed to the adjustable hoop, wherein the apparatus comprises a body (201) that includes a sidewall that at least partially defines a protected volume (208) for slidably receiving the fender (34), and wherein: the sidewall includes a lower sidewall (224) sized to be received between the fender and the tire (36), and the sidewall includes an upper sidewall (222) configured to receive a clamping force, and the clamping force is transferred from the upper sidewall, around the fender, and to the tire via the lower sidewall (Para. 0056).
In regards to claim 9, Sautter teaches the protected volume is a passage (208) with a crescent-shaped cross section (e.g.; see Fig. 7).
In regards to claim 10, Sautter teaches the body (201) is generally saddle-shaped (e.g.; see Fig. 3).
In regards to claim 11, Sautter teaches the body (201) includes a flange (214, 216) at opposing ends.
In regards to claim 12, Sautter teaches the sidewall includes a first curvature along a length dimension (length of 224 in Fig. 8) and a second curvature along a width dimension (283, Fig. 7), the second curvature being greater than the first curvature (Para. 0052).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please see the PTO-892 for additional prior art related to the Applicant’s disclosed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STANTON L KRYCINSKI whose telephone number is (571)270-5381. The examiner can normally be reached Monday-Friday, 10:00AM-5:00PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Liu can be reached at (571)272-8227. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Stanton L Krycinski/Primary Examiner, Art Unit 3631