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 .
DETAILED ACTION
This is the first action on the merits for application 18/993057. Claims 1-17 are currently pending in this application.
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
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.
Claim 13 is 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 13 recites the limitation "the first and second control devices" in line 2 of the claim. There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 17 is/are rejected under 35 U.S.C. 102a1 as being anticipated by WESLING (2014/0235383).
Regarding Claim 1, WESLING teaches A bicycle transmission control system (21) for controlling a bicycle transmission having a plurality of consecutive discrete bicycle transmission ratios, the bicycle transmission comprising a first transmission (26) connected in series to a second transmission (14), wherein: - the first transmission includes a plurality of sprockets (24) associated with an endless drive member (22), such as a chain, and an electrically actuatable derailleur (18); and - the second transmission includes an electrically actuatable internal hub transmission (68) or internal crank transmission having at least two selectable transmission ratios; the control system comprising: a first (89 upshift), a second (89 downshift), and a third (102 speed sensor) sensing device; and a controller (78) that is operatively connected to the first, second, and third sensing devices, wherein the controller is configured to control the bicycle transmission to activate a gear shift upon actuation of one of the first, second or third sensing devices; wherein the controller is configured to:- upon actuation of the first sensing device control the first and/or second transmission to activate a gear upshift to the first next higher bicycle transmission ratio; - upon actuation of the second sensing device control the first and/or second transmission to activate a gear downshift to the first next lower bicycle transmission ratio; and - upon actuation of the third sensing device control only the second transmission to activate a gear shift [0042].
Regarding Claim 17, WESLING teaches A bicycle comprising a bicycle transmission control system according to claim 1 [0013]-[0022].
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) 2-7, 12, 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over WESLING (2014/0235383) in view of HARA (7,900,946).
Regarding Claim 2, WESLING does not teach a fourth sensing device, wherein the controller is configured to: upon actuation of the third sensing device control only the second transmission to activate a gear upshift; and upon actuation of the fourth sensing device control only the second transmission to activate a gear downshift.
HARA teaches a pair of levers comprising sensing devices (41)(43)(51)(52) to be actuated by the user (Figs. 2-8).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in WESLING to use the sensing devices and controller arrangement in HARA for performing gear shifts in an efficient manner.
Regarding Claim 3, WESLING does not teach wherein the first sensing device is actuatable through a first user contact surface; the second sensing device is actuatable through a second user contact surface different from the first user contact surface; and the third sensing device is actuatable through a third user contact surface different from the first and second user contact surfaces; and, if present, the fourth sensing device is actuatable through a fourth user contact surface different from the first, second and third user contact surface.
HARA teaches wherein the first sensing device (41) is actuatable through a first user contact surface; the second sensing device (43) is actuatable through a second user contact surface different from the first user contact surface; and the third sensing device (51) is actuatable through a third user contact surface different from the first and second user contact surfaces; and, if present, the fourth sensing device (52) is actuatable through a fourth user contact surface different from the first, second and third user contact surface.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in WESLING to use the sensing devices and controller arrangement in HARA for performing gear shifts in an efficient manner.
Regarding Claim 4, WESLING does not teach comprising a first control device comprising the first sensing device and the second sensing device; and a second control device comprising the third and, if present, the fourth sensing device.
HARA teaches a first control device (14) comprising the first sensing device (51) and the second sensing device (52); and a second control device (12) comprising the third (41) and, if present, the fourth sensing device (43).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in WESLING to use the control devices in HARA to allow the rider to efficiently change gears.
Regarding Claim 5, WESLING does not teach wherein the first control device is configured to be operable with a user's right hand and the second control device is configured to be operable with the user's left hand, or vice versa.
HARA teaches wherein the first control device (14) is configured to be operable with a user's right hand and the second control device (12) is configured to be operable with the user's left hand, or vice versa (Figs. 2).
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in WESLING to use the control devices in HARA to allow the rider to efficiently change gears.
Regarding Claim 6, WESLING as modified teaches wherein the first control device (HARA 14) is configured to be mounted at a bicycle handlebar right grip portion and the second control device (HARA 12) is configured to be mounted at a bicycle handlebar left grip portion, or vice versa.
Regarding Claim 7, WESLING as modified teaches wherein the first user contact surface (32) includes a first user actuatable button, the second user contact surface (33) includes a separate second user actuatable button, and the third user contact surface (36) includes a separate third user actuatable button, and if present, the fourth user contact surface (37) includes a separate fourth user actuatable button (HARA Col. 6 lines 15-24).
Regarding Claim 12, WESLING as modified teaches wherein the controller includes or is connected to an electric power source (26).
Regarding Claim 13, WESLING as modified teaches wherein the first and a second control devices (HARA 12, 14) are wiredly connected to the controller (HARA 20) (78).
Claim(s) 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over WESLING (2014/0235383) in view of HARA (7,900,946) and further in view of KITAMURA (8,402,664).
Regarding Claim 8, WESLING as modified does not teach the first control device is a grip shifter; and/or the second control device is a grip shifter.
KITAMURA teaches the first control device (12) is a grip shifter; and/or the second control device (14) is a grip shifter.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in WESLING to use the control devices in KITAMURA to allow the rider to easily change gears while maintaining a good grip on the handlebars.
Regarding Claim 9, WESLING as modified does not teach wherein the controller is fixable to or integratable in a bicycle handlebar.
KITAMURA teaches wherein the controller (12)(14) is fixable to or integratable in a bicycle handlebar.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in WESLING to use the control devices in KITAMURA to allow the rider to easily change gears while maintaining a good grip on the handlebars.
Regarding Claim 10, WESLING as modified does not teach wherein the controller is configured to be mounted in an end of a bicycle handlebar.
KITAMURA teaches wherein the controller (12)(14) is configured to be mounted in an end of a bicycle handlebar.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in WESLING to use the control devices in KITAMURA to allow the rider to easily change gears while maintaining a good grip on the handlebars.
Claim(s) 11, 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over WESLING (2014/0235383) in view of KITAMURA (8,402,664).
Regarding Claim 11, WESLING as modified does not teach wherein the controller includes or is connected to a transmitter for wirelessly transmitting a gear shift command to the bicycle transmission system.
KITAMURA teaches wherein the controller includes or is connected to a transmitter for wirelessly transmitting a gear shift command to the bicycle transmission system.
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in WESLING to use the control devices in KITAMURA so wires between the controller and the derailleurs are not required.
Regarding Claim 14, WESLING teaches the bicycle transmission control system in accordance with claim 1 [0042].
WESLING does not teach an assembly comprising a bicycle handlebar including a left and a right grip portion for allowing a user to grip the bicycle handle bar with its respective a left and right hand,
KITAMURA teaches an assembly comprising a bicycle handlebar including a left and a right grip portion for allowing a user to grip the bicycle handle bar with its respective a left and right hand,
It would be obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to change the transmission in WESLING to use the control devices in KITAMURA so gear shifts can be made while maintaining a good grip on the handlebars.
Regarding Claim 15, WESLING as modified teaches wherein the first control device (KITAMURA 12) is mounted to the bicycle handlebar at or near the right grip portion and the second control device (KITAMURA 14) is mounted to the bicycle handlebar at or near the left grip portion,
Regarding Claim 16, WESLING as modified teaches wherein the controller (KITAMURA 12, 14) is fixable to or integratable in the bicycle handlebar.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY Y LIU whose telephone number is (571)270-7018. The examiner can normally be reached 9-5:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, MICHAEL MANSEN can be reached at 5712726608. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HENRY Y. LIU
Examiner
Art Unit 3654
/HENRY Y LIU/ Primary Examiner, Art Unit 3654