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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph [0138], the reduction gear 51 is referenced as being in Figure 8B, however this structural element is not shown in Figure 8B.
Appropriate correction is required.
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)(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) 1-4, 6-9, 11, 14, 16 and 18-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gong (11,987,321).
Gong discloses a hub assembly via 100 for a bicycle wheel 30, comprising a driver 12, 22, rotatable about a first axis, for being mounted to a sprocket 80 a hub shell 100, rotatable about a second axis parallel to the first axis, for being mounted to the bicycle wheel a transmission (see col.5, lines 38-40) selectively operable according to a plurality of different transmission ratios (see col. 5, liens 55-59 and claim 10), and operatively connected between the driver and the hub shell; and an electric propulsion motor 56 connected to the hub shell via the transmission. The transmission comprises a transmission input and a transmission output, wherein the driver is connected to the transmission input for driving the transmission, wherein the electric propulsion motor is connected to the transmission input for driving the transmission, and wherein the transmission output is connected to the hub shell for driving the hub shell according to one of the plurality of different transmission ratios (see col. 7, lines 37-46 and 51-58). The hub comprises a sealed, hub chamber formed by the hub shell, the hub chamber housing the transmission and the electric propulsion motor, as shown in Figure 2. The hub shell comprises an inner part housing the transmission and the electric propulsion motor, and an outer part for being mounted to the bicycle wheel, wherein the outer part is removably mounted to the inner part, as shown in Figure 2. The hub assembly comprises a freewheel between the driver and the transmission input. The hub comprises a freewheel between the electric propulsion motor and the transmission input (see col. 4, lines 43-44 and col. 7, lines 28-31). The electric propulsion motor has a stator 5 that is rotationally coupled to a wheel axle of the hub assembly, and a rotor 6 that is rotatably arranged relative to the stator. The electric propulsion motor is concentric about the second axis. The transmission comprises a planetary transmission 12, 22 selectively operable according to the plurality of different transmission ratios. The sprocket is part of a cassette or set of sprockets including at most ten different sprockets, see Figures 1 and 2. A controller 91 for controlling the transmission, wherein the controller is arranged for further controlling a derailleur. A drive train for a bicycle comprises the hub assembly according and further comprising a crank assembly via 40, 50, 70 comprising a crank 50, a chain ring 70 and a crank transmission arranged between the crank and the chain ring, selectively operable according to a plurality of different transmission ratios, as shown in Figures 1 and 2.
Claim(s) 1-3 and 10 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Van Druten, et al. (2022/0402574).
The applied reference has a common applicant with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Van Druten discloses a hub assembly for a bicycle wheel, comprising a driver 106, rotatable about a first axis, for being mounted to a sprocket 109; a hub shell 102, rotatable about a second axis parallel to the first axis, for being mounted to the bicycle wheel a transmission 200 selectively operable according to a plurality of different transmission ratios 210, 212, and operatively connected between the driver and the hub shell; and an electric propulsion motor 136 connected to the hub shell via the transmission. The transmission comprises a transmission input and a transmission output, wherein the driver is connected to the transmission input for driving the transmission, wherein the electric propulsion motor is connected to the transmission input for driving the transmission, and wherein the transmission output is connected to the hub shell for driving the hub shell according to one of the plurality of different transmission ratios (see paragraph [0134]). Van Druten discloses a thru-axle 101 extending through a hollow wheel axle of the hub assembly. The hub comprises a sealed, hub chamber formed by the hub shell, the hub chamber housing the transmission and the electric propulsion motor, see the figures. A thru-axle 101 extends through a hollow wheel axle of the hub assembly.
Allowable Subject Matter
Claims 5, 12, 13, 15 and 17 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art recited discloses common inventive concepts as the claimed present invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Faye M. Fleming whose telephone number is (571)272-6672. The examiner can normally be reached M-F 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/FAYE M FLEMING/Primary Examiner, Art Unit 3612
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