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 .
Claim Interpretation
The manner in which Applicant’s utilize “configured” language is simply to describe a structural capability of the element in question and does not positively claim what follows. For example, claim 1 makes multiple uses of the wording “configured” merely to imply the capability of utilizing the various structures with other non positively recited elements, such as using fastening holes to fasten different types of pedal components. There is no specific structure of said fastening hole mentioned and as such, any fastening hole has the structural capability as is known by a person of ordinary skill in the art. This interpretation is further justified by dependent claims such claim 10 which very clearly start to positively claim the pedal components.
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) 1-3, 6-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (USpgpub 20170066499 A1) in view of Lin (USP 5692415) and in view of Liang (Uspgpub 20140090516).
Regarding claim 1, Yang discloses a pedal assembly for a human powered vehicle, the pedal assembly comprising:
a pedal axle (1) having a rotational center axis defining an axial direction (evident in fig.1); and
a pedal body (2) having a first shoe-disposing surface (top surface) and a second shoe-disposing surface (bottom surface) opposite to the first shoe-disposing surface,
both of the first shoe-disposing surface and the second shoe-disposing surface being configured (as seen in the figures, the surfaces are configured to have a plurality of different pedal components since the surfaces have multiple fastening holes and contours that are capable of attaching different pedal components) so that a plurality of pedal components different from each other are selectively attachable to each of the first shoe-disposing surface and the second shoe-disposing surface,
the pedal body including a first plurality of fastening holes (as labeled) and a second plurality of fastening holes (as labeled),
the first plurality of fastening holes being different from the second plurality of fastening holes (they are physically different holes),
the first plurality of fastening holes being arranged and configured (any fastener hole is capable of this; in addition Yang explicitly discloses this) for attaching a cleat coupling unit that is configured to releasably retain a cleat to the pedal body as one of the plurality of pedal components, and
the second plurality of fastening holes (any fastener hole is capable of this and Yang explicitly discloses this) being arranged and configured for attaching the plurality of spike pins to the pedal body as another of the plurality of pedal components.
PNG
media_image1.png
922
787
media_image1.png
Greyscale
Yang fails to explicitly disclose that the first fastening holes extend through pedal body from the first shoe- disposing surface to the second shoe-disposing surface.
Lin teaches, within the same field and a very analogous arrangement of attaching a cleat unit to a pedal body, the concept of providing fastening holes in that are embodied as through holes through the pedal body.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pedal body disclosed in Yang to make the first fastening holes through holes, as taught by Lin, in order to provide the predictable result of making it easier to manufacture the through holes as less holes would be drilled or formed through the pedal body.
Yang fails to explicitly disclose that the second fastening holes extend through pedal body from the first shoe- disposing surface to the second shoe-disposing surface.
Liang teaches and/or suggests the concept of providing fastening holes that extend through a pedal body in order to thereby allow the use of a double ended spike which functions to provide grip to either side of the pedal body.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pedal body in Yang and for sake of this claim the second fastening holes to be embodied as through holes, as taught by Liang. These through holes would provide the added benefit of allowing the spikes to be placed on either or both sides of the pedal body.
Regarding claim 2, Yang discloses the pedal assembly according to claim 1, wherein the pedal body and the first plurality of fastening holes are configured such that the cleat coupling unit is attachable either one of the first shoe-disposing surface and the second shoe disposing surface, and the second plurality of fastening holes are configured such that the plurality of spike pins is attachable to either one of the first shoe-disposing surface and the second shoe- disposing surface (as seen in the figures in Yang, the holes exist on both sides of the pedal body and thus would provide the capability).
Regarding claim 3, Yang discloses the pedal assembly according to claim 2, wherein the pedal body and the first plurality of fastening holes are configured such that another cleat coupling unit is attachable the other of the first shoe-disposing surface and the second shoe disposing surface (again this claim merely requires fastening holes, there is no explicit recitation of any further particular structure that is directly responsible for the claimed capability, as such any fastening hole is capable of this), and-- the second plurality of fastening holes are configured such that the plurality of spike pins is attachable to both the first shoe-disposing surface and the second shoe-disposing surface (Yang has spikes embodied on either side and furthermore the teaching provided above allows for this as well).
Regarding claim 6, Yang discloses the pedal assembly according to claim 1, wherein the pedal body includes an inner body portion, an outer body portion, a first body portion extending in the axial direction, a second body portion extending in the axial direction and an intermediate body portion configured to receive the pedal axle and extending in the axial direction, the intermediate body portion is positioned between the outer body portion and the inner body portion and between the first body portion and the second body portion, and the first shoe-disposing surface and the second shoe-disposing surface are defined by the outer body portion, the inner body portion, the first body portion, the second body portion and the intermediate body portion (see annotated figure used for claim 1 above).
Regarding claim 7, Yang discloses the pedal assembly according to claim 6, wherein the first body portion and the second body portion are free from a cleat engagement portion (as evident in figures; they do not have cleat engagement portions).
Regarding claim 8, Yang discloses the pedal assembly according to claim 6, wherein the outer body portion, the inner body portion, the first body portion, and the intermediate body portion define a first opening, the outer body portion, the inner body portion, the second body portion, and the intermediate body portion define a second opening, and the first opening is opposite to the second opening with respect to the intermediate body portion (these openings are clearly apparent in figures such as figure 2).
Regarding claim 9, Yang discloses the pedal assembly according to claim 6, wherein the intermediate body portion includes the first plurality of fastening holes (clearly seen in fig.2).
Regarding claim 10, Yang discloses the pedal assembly according to claim 1, wherein the pedal assembly includes the cleat coupling unit and the at least one other pedal component (as seen in figures, the assembly can have cleat coupling unit and spikes or other pedal components).
Regarding claim 11, Yang discloses the pedal assembly according to claim 10, wherein the cleat coupling unit includes a first coupling member (24), a second coupling member (32, 42) and a biasing member (33, 43), the second coupling member is pivotable between a cleat holding position and a cleat non-holding position, and the biasing member biases the second coupling member towards the cleat holding position (it is capable of providing that functionality as is evident in fig.5).
Regarding claim 12, Yang discloses the pedal assembly according to claim 10, wherein the at least one other pedal component includes the plurality of spike pins (they are seen in the figures).
Regarding claim 13, Yang discloses the pedal assembly according to claim 12, wherein each of the spike pins includes a projection portion and an attachment portion (as seen in figure 1, there is a projection portion that projects outside the pedal body and a attachment portion that is screwed into the pedal body).
Regarding claim 14, Yang fails to disclose the pedal assembly according to claim 12, wherein each of the spike pins includes a first projection portion, a second projection portion and an attachment portion, the attachment portion has a first axial end portion and a second axial end portion opposite to the first axial end portion, the first projection portion is coupled to the first axial end portion of the attachment portion, and the second projection portion is coupled to the second axial end portion of the attachment portion.
Liang teaches the use of specific spike pins which include a first projection portion (fig.5, 211), a second projection portion (fig.5, 211 on opposite side) and an attachment portion (fig.5, 212 and 22 and perhaps the 213), the attachment portion has a first axial end portion (212) and a second axial end portion (22) opposite to the first axial end portion, the first projection portion is coupled to the first axial end portion of the attachment portion, and the second projection portion is coupled to the second axial end portion of the attachment portion (seen in fig.5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the spike pins or replaced the spike pins in Yang to make use of the ones as taught by Liang in order to provide the predictable result of allowing the spike pins to be utilized on both sides of the pedal body at the same time and thus enhance the grip of the riders foot on the pedal.
Regarding claim 15, Yang discloses the pedal assembly according to claim 10, wherein the at least one other pedal component includes at least another the cleat coupling units, a toe-clip, a friction pad and a plurality of spike pins (spike pins are shown in Yang).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (USpgpub 20170066499 A1) in view of Lin (USP 5692415) and in view of Liang (Uspgpub 20140090516), and further in view of Semrow et al. (Uspgpub 20230051901).
Regarding claim 4, Yang fails to disclose the pedal assembly according to claim 1, further comprising: a plurality of adapters configured to fit into the first plurality of fastening holes.
Semrow et al. teaches the concept of utilizing a fastener insert which reads on an adapter, said fastener insert being non-circular in shape.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pedal body and adapter receiving portions to include the use of a known technique of using of the non circular fastener insert taught by Semrow et al. in order to provide the predictable result of providing a more reliable and durable fastener connection which can be easily replaced if damaged after prolonged use. The use of threaded inserts in mechanical arts is old and well known, while Applicant's call their device an adapter it is simply a threaded insert which allows for the fastener to connect thereto. As a result of the insert taught by Semrow et al. being non circular it would follow that the receiving portion or hole would be modified to be non circular so as to match this shape. Again, it is common knowledge that threaded inserts can be adapted to various shapes1.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (USpgpub 20170066499 A1) in view of Lin (USP 5692415) and in view of Liang (Uspgpub 20140090516), and further in view of Ninomiya et al. (JP 2002113627 A).
Regarding claim 5, Yang fails to disclose the pedal assembly according to claim 1, wherein the first plurality of fastening holes has a D-shape as viewed along a center longitudinal axis.
Ninoyima et al. teaches the concept, which is related to the same problem of attaching elements together, of utilizing fastening holes of a particular shape, in this case D shape (15), along with an insert or nut (D shaped nut 21) in order to securely fasten various elements together.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the fastening holes in Yang to be D shaped as taught/suggested in Ninoyima et al. in order to facilitate the same predictable result of securely fastening the elements together. The arrangement as taught by Ninoyima has the added benefit of providing a stronger connection since the insert is embedded into the D shaped hole. It is old and well known in the mechanical arts to utilize inserts when it is desired not to fasten directly into an element, especially if the element is of a softer material such as is the case in pedal arts where the pedal bodies are made of plastics or other softer materials than the fasteners themselves.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (USpgpub 20170066499 A1) in view of Lin (USP 5692415) and in view of Liang (Uspgpub 20140090516), and further in view of Hsieh (USP 11091222).
Regarding claim 16, Yang fails to disclose the pedal assembly according to claim 10, wherein the at least one other pedal component includes a toe-clip.
Hsieh teaches within a very similar bicycle pedal arrangement the concept of attaching another pedal component in the form of a toe clip (fig.2, 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified Yang to make use of a pedal component in the form of a toe clip as taught/suggested in Hsieh in order to provide the predictable result of facilitating the engagement of the rider’s foot with the pedal in a desired form factor.
Claim(s) 17, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang (USpgpub 20170066499 A1) in view of Lin (USP 5692415) and in view of Liang (Uspgpub 20140090516), and further in view of Hsieh (USP 9963194).
Regarding claim 17, Yang fails to disclose the pedal assembly according to claim 10, wherein the at least one other pedal component includes a friction pad.
Hsieh teaches within a very similar bicycle pedal arrangement the concept of attaching another pedal component in the form of a friction pad (fig.4, 60).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to Yang to make use of a pedal component in the form of a friction pad as taught/suggested in Hsieh in order to provide the predictable result of facilitating the engagement of the rider’s foot with the pedal in a desired form factor.
Regarding claim 18, Yang in view of Hsieh disclose the pedal assembly according to claim 17, wherein the friction pad includes a first pad part and a second pad part.
The combination fails to disclose the second pad part is a separate piece from the first pad part. However, it has been held that it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to form the friction pad into two separate pieces instead of a single piece, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v Erlichman, 168 USPQ 177, 179.
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 THOMAS C DIAZ whose telephone number is (571)270-5461. The examiner can normally be reached M-F 9am-6pm.
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, John 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THOMAS C DIAZ/Primary Examiner, Art Unit 3617
1 Ninomiya et al. (JP 2002113627A) – specifically uses a D shaped hole and D-shaped nut or adapter.