DETAILED ACTION
This Non-Final Office Action is in response to the above identified patent application filed on February 25, 2025. Claims 1 – 14 are pending and currently being examined.
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 Objections
Claim 2 is objected to because of the following informalities:
Delete Claim 2, line 1 which recites: “The clamping device according to claim 11,” and
replace Claim 2, line 1 with - - The clamping device according to claim 1, - -.
Appropriate correction is required.
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 2 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 2 recites the limitation "the detachable snap connection" in Claim 2, line 2. 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.
Claim(s) 1, 4, 6, 8, 9, 10, 11, 12, 13 & 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (U.S. Patent Publication Number 2023 / 0303006 A1) to Penzkofer et al.
Regarding claim 1, Penzkofer et al., discloses a clamping device (1) for fastening a component (2) to a bicycle handlebar (3), comprising:
an open annular base body (i.e. (4B & 4A) in Figure 1) bent about a central axis and having a first circumferential end (i.e. Distal End of (4B) in Figure 1) and a second circumferential end (i.e. Distal End of (4A) in Figure 1);
a locking area (5) configured to form a detachable connection (i.e. via (2A) in Figures 1 & 2) with the component (2); and
wherein the base body (i.e. (4B & 4A) in Figure 1) is configured to enclose the bicycle handlebar,
wherein, in the assembled state (See Figure 2), a joining gap (9) is defined between the first circumferential end (i.e. Distal End of (4B) in Figure 1) and the second circumferential end (i.e. Distal End of (4A) in Figure 1),
wherein the locking area (5) is arranged at the first circumferential end (i.e. Distal End of (4B) in Figure 1),
wherein the first circumferential end (i.e. Distal End of (4B) in Figure 1) and the second circumferential end (i.e. Distal End of (4A) in Figure 1) are configured to be connected by at least one fastening element (6) along a fastening axis (i.e. via Axis Arrow (10) in Figure 1) in order to fix the clamping device (1) to the bicycle handlebar, and
wherein the locking area (5) is configured to fix the component (2) in addition to the detachable connection (i.e. via (2A) in Figures 1 & 2) by way of the at least one fastening element (6) (See Figures 1 & 2).
Regarding claim 4, Penzkofer et al., discloses wherein the first circumferential end (i.e. Distal End of (4B) in Figure 1) and the second circumferential end (i.e. Distal End of (4A) in Figure 1) have through-holes (8) which are configured to receive the at least one fastening element (6) (See Paragraph 0027) (See Figure 2).
Regarding claim 6, Penzkofer et al., discloses further comprising a guide bar (i.e. Curve Arc Upper Portion of (5) in Figure 1) arranged adjacent the undercut (5) and forming a lateral stop in the direction along the central axis (See Figure 1).
Regarding claim 8, Penzkofer et al., discloses a clamping assembly (See Figures 1 & 2), comprising: a fastening element (6); a component (2); and a clamping device (1) according to Claim 1, wherein the clamping device (1) is configured to fix the component (2) to a bicycle handlebar (3) by way of the fastening element (6) (See Figure 2).
Regarding claim 9, Penzkofer et al., discloses wherein the clamping assembly (1) is configured to geodetically fix the component (2) below the bicycle handlebar (3).
Regarding claim 10, Penzkofer et al., discloses a method of fastening a component (2) to a bicycle handlebar (3), comprising: attaching a clamping device (1) according to claim 1 to the bicycle handlebar (3); fastening the component (2) to the clamping device (1); and fixing the clamping device (1) to the bicycle handlebar (3) and the component (2) to the clamping device (1) with a fastening element (6) (See Abstract) (See Figures 1 & 2).
Regarding claim 11, Penzkofer et al., discloses wherein the detachable connection (i.e. via (2A) in Figures 1 & 2) is a detachable snap connection (See Figure 2).
Regarding claim 12, Penzkofer et al., discloses wherein the at least one fastening element (6) includes precisely one screw (See Paragraph 0027) (See Figure 2).
Regarding claim 13, Penzkofer et al., discloses wherein the fastening element (6) includes precisely one screw (See Paragraph 0027) (See Figure 2).
Regarding claim 14, Penzkofer et al., discloses wherein the fastening element (6) includes precisely one screw (See Paragraph 0027) (See Figure 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2, 3 & 7 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2023 / 0303006 A1) to Penzkofer et al., in view of (U.S. Patent Publication Number 2005 / 0109808 A1) to Ueda.
Regarding claim 2, Penzkofer et al., discloses wherein the locking area (5) has an undercut (i.e. Recess Curve Inner Nitch Portion of (5) via Phantom Lines in Figure 2) and configured to form the detachable snap connection (see Figure 2) with the component (2) (See Figure 2).
However, Penzkofer et al., lacks and does not explicitly disclose a protrusion.
Ueda teaches a protrusion (13) which is configured to form the detachable connection with the component (2 & 30) (See Figures 3 & 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make a protrusion as taught by Ueda with the clamping device of Penzkofer et al., in order to enhance a snug engagement to prevent excess movement.
Regarding claim 3, Penzkofer et al., discloses the undercut (i.e. Recess Curve Inner Nitch Portion of (5) via Phantom Lines in Figure 2) is arranged between the central axis (i.e. Central Middle Axis of (1) in Figure 1) and the fastening axis (i.e. via Fastening Axis (10) in Figure 2).
Furthermore, Penzkofer et al., as modified by Ueda discloses wherein: the protrusion (13) from the base body (i.e. Body Portion of (1) in Figure 4) is arranged radially outside the fastening axis (i.e. Axis of (6) in Figure 4) at the first circumferential end (i.e. via (15) in Figure 4).
Regarding claim 7, Penzkofer et al., does not explicitly disclose wherein the clamping device (1) is formed so as to be one piece.
Ueda teaches wherein the clamping device (1) is formed so as to be one piece (See Figures 1 & 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the clamping device is formed so as to be one piece as taught by Ueda with the clamping device of Penzkofer et al., in order to reduce manufacturing cost.
Furthermore, it would have also been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make wherein the clamping device is formed so as to be one piece, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164(1893).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Publication Number 2023 / 0303006 A1) to Penzkofer et al., in view of (U.S. Patent Number 660,615) to Bauer.
Regarding claim 5, Penzkofer et al., discloses wherein the first circumferential end (i.e. Distal End of (4B) in Figure 1) and/or the second circumferential end (i.e. Distal End of (4A) in Figure 1) (See Figures 1 & 2).
However, Penzkofer et al., lacks and does not explicitly have a spacer arranged radially outside the fastening axis from the base body and protruding into the joining gap.
Bauer teaches having a spacer (See Figure 3) arranged radially outside the fastening axis (i.e. Axis of (a) in Figure 3) from the base body (A) and protruding into the joining gap (i.e. Gap Space b/w (a) in Figure 3).
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It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make having a spacer arranged radially outside the fastening axis from the base body and protruding into the joining gap as taught by Bauer with the clamping device of Penzkofer et al., in order to prevent the distal ends from direct contact during fastening.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LESTER L VANTERPOOL whose telephone number is (571)272-8028. The examiner can normally be reached 8:30-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nathan J. Newhouse can be reached at 571-272-4544. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734
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