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 .
Drawings
The drawings are objected to because of the following informalities:
The reference characters in Fig. 1 do not measure at least .32 cm. (1/8 inch) in height as required by 37 CFR 1.84(p)(3).
Poor line quality has reduced the legibility for the reference character denoting the receding notch in Fig. 3. It is unclear whether this reference character is 151 or 161.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “preform strips” (claims 5-9), the “rim preform fixture” (claim 7), the “prepregs” (claims 7 and 8), the “airbag” (claim 7), the “pre-formed product” (claim 7), the “molding die” (claim 7), the “communication holes” (claims 7 and 10), and the “isolating film” (claim 8) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
2. 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 6-10 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.
Regarding claim 6, there is insufficient antecedent basis for “the preform strips”.
Regarding claim 7, the limitation “a pre-formed product” in step S3 renders the claim indefinite because it is unclear whether “a pre-formed product” refers to the structure set forth in the previous steps S1 and S2, or if it is distinct therefrom as implied by the claim construction.
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.
Claims 1, 2 and 4-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Meggiolan et al. (US 2005/0062337 A1; hereinafter “Meggiolan”).
Regarding claim 1, Meggiolan, in the embodiment of Fig. 9, discloses a carbon fiber bicycle rim 1a, comprising a ring-shaped rim body (Fig. 9), which is integrally formed from carbon fiber (note at least paragraphs [0024-0026] and [0056]), wherein the rim body comprises an outer ring wall 2, an inner ring wall (unlabeled radially inner wall shown in Fig. 9), and two side walls (unlabeled sidewalls shown in Fig. 9) that connect the outer ring wall with the inner ring wall (Fig. 9), the outer ring wall has an outer side that forms a semi-closed tire groove 51 and an inner side that encloses together with the inner ring wall and the side walls to form a closed cavity (unlabeled in Fig. 9; 50 in Fig. 1), connecting portions 35, 36 are arranged in the cavity (Fig. 9), the connecting portions have one end at 31 that is connected to the outer ring wall and the other end at 30 that is connected to the side walls (Fig. 9), and the connecting portions enclose together with the outer ring wall and the side walls to form hollow channels 50a, 50b.
Regarding claim 2, Meggiolan further discloses the connecting portions are connected to and arranged between the two side walls and the outer ring wall (Fig. 9).
Regarding claim 4, Meggiolan further discloses the hollow channels are arranged in a shape of a ring along the rim body (Fig. 9).
Regarding claim 5, the method of production limitations (i.e., the hollow channels are pre-formed by preform strips that are pre-embedded in the rim body, and the preform strips have a thermal expansion coefficient of 5x10-4 to 8.0x10-4/°C) are not afforded full patentable weight in a product claim (note MPEP 2113). Nonetheless, Meggiolan further discloses the use of preform strips (inflatable bags 13) that are pre-embedded in the rim body to form the hollow channels (note at least Figs. 2 and 2A; paragraph [0055]).
Regarding claim 6, Meggiolan further discloses the connecting portions are provided with receding notches (“suitable openings” described in paragraph [0055] for allowing the removal of the inflatable bags used to help form the hollow channels shown in Fig. 9) that are in communication with the cavity and the hollow channels, and the preform strips have end portions that are correspondingly exposed at the receding notches (implicit from paragraph [0055] that the end portions of the inflatable bags would be exposed in the “suitable openings” used to remove the inflatable bags).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Meggiolan.
Meggiolan fails to expressly disclose the hollow channels have an inner diameter of 2-6 mm.
Nonetheless, inasmuch as Meggiolan teaches the configuration, including the dimensions, of the radially inner region can be varied “provided that it offers a suitable clamping surface for the spokes and provided that the conflicting requirements of sufficient structural stiffness and low weight are adequately satisfied” (paragraph [0003]), it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, as a matter of routine optimization, to have formed the hollow channels to have an inner diameter of 2-6 mm based upon the desired structural stiffness and low weight requirements for the intended use of the bicycle rim.
Allowable Subject Matter
Claims 7-10 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 shows other examples of bicycle rims with hollow channels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIP T KOTTER whose telephone number is (571)272-7953. The examiner can normally be reached 9:30-6 EST Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Samuel (Joe) J Morano can be reached at (571)272-6684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Kip T Kotter/Primary Examiner, Art Unit 3615
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