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 under 37 CFR 1.84(h)(5) because Figures 3, 4, 8, 9, and 10 show(s) modified forms of construction in the same view. 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 § 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) 1-3, 7-8, 15, 16, 17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takamiya et al (US 4,682,509).
Takamiya et al disclose a bicycle component for at least partially muscle-driven bicycles comprising: a cockpit unit with at least two cockpit modules (2, 4) successively arranged in a longitudinal direction (see Fig 3a); wherein a first cockpit module (4) is designed as a stem module (see Fig 3a) and wherein a second cockpit module (2) can be coupled differently with each other in order to enable different operating geometries of the cockpit unit on a bicycle (see Fig 3a); wherein at least one of the cockpit modules (4) comprises an insertion part (5, 5, see Fig 3a), and at least one of the cockpit modules (2) comprises a receptacle part (7a, 7a, see Fig 3a), and that the insertion part (5, 5, see Fig 3a) can be inserted into the receptacle part (7a, 7a, see Fig 3a) and can be coupled/connected to the insertion part (5, 5, see Fig 3a) in at least two different relative positions in order to provide at least two different operating geometries with the cockpit unit by assembling differently (see Fig 1); the insertion part (5, 5, see Fig 3a) and the receptacle part (7a, 7a, see Fig 3a) each comprise at least two fastening holes (10a, 10a, see Fig 3a) arranged transversely in the transverse direction offset from the longitudinal direction for fastening by means of a fastening part (10); and at least one of the insertion part (5, 5, see Fig 3a) and the receptacle part (7a, 7a, see Fig 3a) comprises at least two fastening holes (10a, 10a, see Fig 3a) arranged offset in the longitudinal direction for fastening by means of the fastening part (10).
Re claim 2, a third cockpit module (7) is arranged between the first (4) and the second (2) cockpit module and wherein the third cockpit module (7) surrounds the first (4) and/or the second (2) cockpit module in sections and wherein the third cockpit module (7) forms a spacer between the first (4) and the second (2) cockpit module and the positioning of the cockpit modules (2, 4) relative to each other (see Fig 2).
Re claim 3, the third cockpit module (7) comprises a two-part housing (see Fig 3a), wherein the housing parts (7, 7) are connected to each other and are latched (12).
Re claim 7, at least two cockpit modules (2, 4) are bolted together (see Fig 3a).
Re claim 8, at least two cockpit modules (2, 4) are coupled to each other in a positive- locking manner (see Fig 2).
Re claim 15, the handlebar module (2) forms at least one base body of a handlebar device (see Fig 2) and wherein the handlebar module (2) comprises at least one set of handlebars which is formed as a single piece on the handlebar module (see Fig 3a) or is accommodated on a receptacle (7a).
Re claim 16, the stem module (4) comprises a clamping portion (6, 7) for attachment to a steerer tube of a bicycle fork (see Fig 3a).
Re claim 17, the stem module (4) comprises an insertion part (5) and wherein the handlebar module (2) comprises a receptacle part (7a), the dimensions of which are adapted to the dimensions of the insertion part (5).
Re claim 19, the third cockpit module (7) changes an orientation of the first cockpit module (4) relative to the second cockpit module (2).
Allowable Subject Matter
Claims 4-6, 9-14, 18, and 20 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.
GB 410825 handlebar .
WO 2009148266 handlebar
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICKY A JOHNSON whose telephone number is (571)272-7106. The examiner can normally be reached Monday - Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John R Olszewski can be reached at 571-272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VICKY A JOHNSON/Primary Examiner, Art Unit 3617