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 .
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-15 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-6, 8, 10-15, and 17 of prior U.S. Patent No. 12358581. This is a statutory double patenting rejection.
Instant application
Patent 12358581
Claim 1
Claim 1
A training wheel assembly comprising: an assembly frame; a training wheel rotatably attached to the assembly frame, the training wheel having: a wheel axle extending therefrom and defining an axis about which the training wheel rotates, and an annular hub concentric with the wheel axle and rotationally fixed with the wheel axle, the annular hub having a plurality of successive ratcheted teeth facing the assembly frame along an inner edge thereof;
A training wheel assembly comprising: an assembly frame; a training wheel rotatably attached to the assembly frame, the training wheel having: a wheel axle extending therefrom and defining an axis about which the training wheel rotates, and an annular hub concentric with the wheel axle and rotationally fixed with the wheel axle, the annular hub having a plurality of successive ratcheted teeth facing the assembly frame along an inner edge thereof;
and an elastically deflectable tongue attached to the assembly frame and selectively extendible into a rotational path of motion of the ratcheted teeth, whereby upon rotation of the training wheel with respect to the assembly frame about the axis, contact of the elastically deflectable tongue with successive teeth of the plurality of ratcheted teeth generates an audible sound indicating that the training wheel is rotating.
an elastically deflectable tongue… whereby alignment of the aperture with the first channel positions the elastically deflectable tongue in a rotational path of motion of the ratcheted teeth, such that upon rotation of the training wheel with respect to the assembly frame about the axis, contact of the elastically deflectable tongue with successive teeth of the plurality of ratcheted teeth generates an audible sound indicating that the training wheel is rotating.
Claim 1 (alternative double patenting rejection)
Claim 15
A training wheel assembly comprising: an assembly frame; a training wheel rotatably attached to the assembly frame, the training wheel having: a wheel axle extending therefrom and defining an axis about which the training wheel rotates, and an annular hub concentric with the wheel axle and rotationally fixed with the wheel axle, the annular hub having a plurality of successive ratcheted teeth facing the assembly frame along an inner edge thereof;
A training wheel assembly comprising: an assembly frame; a training wheel rotatably attached to the assembly frame, the training wheel having: a wheel axle extending therefrom and defining an axis about which the training wheel rotates, and an annular hub concentric with the wheel axle and rotationally fixed with the wheel axle, the annular hub having a plurality of successive ratcheted teeth facing the assembly frame along an inner edge thereof
and an elastically deflectable tongue attached to the assembly frame and selectively extendible into a rotational path of motion of the ratcheted teeth, whereby upon rotation of the training wheel with respect to the assembly frame about the axis, contact of the elastically deflectable tongue with successive teeth of the plurality of ratcheted teeth generates an audible sound indicating that the training wheel is rotating.
an elastically deflectable tongue having an aperture extending therethrough, the elastically deflectable tongue being removably received within the open-ended slot and being adjustably positioned to align the aperture with either the first channel or the second channel… whereby upon rotation of the training wheel with respect to the assembly frame about the axis, contact of the elastically deflectable tongue with successive teeth of the plurality of ratcheted teeth generates an audible sound indicating that the training wheel is rotating
Claim 2
Claim 2
The training wheel assembly of claim 1, wherein the elastically deflectable tongue is configured to be sufficiently elastic to permit rotation of the training wheel upon application of torque thereto while being positioned in the rotational path of motion of the ratcheted teeth thereof, and configured to have sufficient stiffness to at least reduce rotation of the training wheel in the absence of the application of torque thereto.
The training wheel assembly of claim 1, wherein the elastically deflectable tongue is configured to be sufficiently elastic to permit rotation of the training wheel upon application of torque thereto while being positioned in the rotational path of motion of the ratcheted teeth thereof, and configured to have sufficient stiffness to at least reduce rotation of the training wheel in the absence of the application of torque thereto.
Claim 3
Claim 3
The training wheel assembly of claim 1, wherein the assembly frame comprises an upper, generally linear and vertically extending section, a lower, generally linear and vertically extending section and an interconnecting middle, generally horizontally extending section.
The training wheel assembly of claim 1, wherein the assembly frame comprises an upper, generally linear and vertically extending section, a lower, generally linear and vertically extending section and an interconnecting middle, generally horizontally extending section.
Claim 4
Claim 4
The training wheel assembly of claim 3, wherein the training wheel is rotatably attached to the lower section of the assembly frame.
The training wheel assembly of claim 3, wherein the training wheel is rotatably attached to the lower section of the assembly frame.
Claim 5
Claim 5
The training wheel assembly of claim 3, wherein the upper section of the assembly frame includes at least one slot for projecting a fastening member therethrough to removably mount the assembly frame to a vehicle.
The training wheel assembly of claim 3, wherein the upper section of the assembly frame includes at least one slot for projecting a fastening member therethrough to removably mount the assembly frame to a vehicle.
Claim 6
Claim 6
The training wheel assembly of claim 5, wherein the slot is an elongated slot, providing elevational adjustability for the training wheel assembly when mounting to the vehicle.
The training wheel assembly of claim 5, wherein the assembly frame slot is an elongated slot, providing elevational adjustability for the training wheel assembly when mounting to the vehicle.
Claim 7
Claim 15
The training wheel assembly of claim 1, wherein the elastically deflectable tongue is selectively attachable to the assembly frame in a first position, wherein the elastically deflectable tongue extends into the rotational path of motion of the ratcheted teeth, or in a second position, wherein the elastically deflectable tongue is spaced away from the rotational path of motion of the ratcheted teeth.
the elastically deflectable tongue being selectively oriented in (i) a first position, wherein the aperture is aligned with the first channel and the elastically deflectable tongue extends into a rotational path of motion of the ratcheted teeth, whereby upon rotation of the training wheel with respect to the assembly frame about the axis, contact of the elastically deflectable tongue with successive teeth of the plurality of ratcheted teeth generates an audible sound indicating that the training wheel is rotating, or in (ii) a second position, wherein the aperture is aligned with the second channel and the elastically deflectable tongue is spaced away from the rotational path of motion of the ratcheted teeth
Claim 8
Claims 5 and 8
The training wheel assembly of claim 1, wherein the elastically deflectable tongue is removable attached to the assembly frame.
(Claim 5) wherein the upper section of the assembly frame includes at least one slot for projecting a fastening member therethrough to removably mount the assembly frame to a vehicle.
(Claim 8) The training wheel assembly of claim 1, wherein the elastically deflectable tongue is removably received within the open-ended slot.
Claim 9
Claim 10
The training wheel assembly of claim 1, wherein the fastening rod comprises a detent pin.
The training wheel assembly of claim 1, wherein the fastening rod comprises a detent pin.
Claim 10
Claim 11
The training wheel assembly of claim 1, wherein the training wheel comprises a plurality of spokes radially extending from the wheel axle to a circumferential periphery of the training wheel.
The training wheel assembly of claim 1, wherein the training wheel comprises a plurality of spokes radially extending from the wheel axle to a circumferential periphery of the training wheel.
Claim 11
Claim 12
The training wheel assembly of claim 10, wherein the annular hub is monolithic with the plurality of spokes.
The training wheel assembly of claim 11, wherein the annular hub is monolithic with the plurality of spokes.
Claim 12
Claim 13
The training wheel assembly of claim 1, wherein the elastically deflectable tongue is oriented substantially parallel to the wheel axle.
The training wheel assembly of claim 1, wherein the elastically deflectable tongue is oriented substantially parallel to the wheel axle.
Claim 13
Claim 14
A bicycle comprising: a bicycle frame; a front wheel rotatably attached to the bicycle frame; a rear wheel rotatably attached to the bicycle frame; a pair of the training wheel assemblies of claim 1, wherein the pair of training wheel assemblies are mounted to the bicycle frame in a mirrored orientation relative to one another.
A bicycle comprising: a bicycle frame; a front wheel rotatably attached to the bicycle frame; a rear wheel rotatably attached to the bicycle frame; a pair of the training wheel assemblies of claim 1, wherein the pair of training wheel assemblies are mounted to the bicycle frame in a mirrored orientation relative to one another.
Claim 14
Claim 15
A training wheel assembly comprising: an assembly frame; a training wheel rotatably attached to the assembly frame, the training wheel having: a wheel axle extending therefrom and defining an axis about which the training wheel rotates, and an annular hub concentric with the wheel axle and rotationally fixed with the wheel axle, the annular hub having a plurality of successive ratcheted teeth facing the assembly frame along an inner edge thereof;
A training wheel assembly comprising: an assembly frame; a training wheel rotatably attached to the assembly frame, the training wheel having: a wheel axle extending therefrom and defining an axis about which the training wheel rotates, and an annular hub concentric with the wheel axle and rotationally fixed with the wheel axle, the annular hub having a plurality of successive ratcheted teeth facing the assembly frame along an inner edge thereof
and an elastically deflectable tongue removably attached to the assembly frame and selectively oriented in (i) a first position, wherein the elastically deflectable tongue extends into a rotational path of motion of the ratcheted teeth, whereby upon rotation of the training wheel with respect to the assembly frame about the axis, contact of the elastically deflectable tongue with successive teeth of the plurality of ratcheted teeth generates an audible sound indicating that the training wheel is rotating, or in (ii) a second position, wherein the elastically deflectable tongue is spaced away from the rotational path of motion of the ratcheted teeth, thereby eliminating generation of the audible sound upon rotation of the training wheel with respect to the assembly frame about the axis
an elastically deflectable tongue… the elastically deflectable tongue being selectively oriented in (i) a first position, wherein the aperture is aligned with the first channel and the elastically deflectable tongue extends into a rotational path of motion of the ratcheted teeth, whereby upon rotation of the training wheel with respect to the assembly frame about the axis, contact of the elastically deflectable tongue with successive teeth of the plurality of ratcheted teeth generates an audible sound indicating that the training wheel is rotating, or in (ii) a second position, wherein the aperture is aligned with the second channel and the elastically deflectable tongue is spaced away from the rotational path of motion of the ratcheted teeth, thereby eliminating generation of the audible sound upon rotation of the training wheel with respect to the assembly frame about the axis
wherein the elastically deflectable tongue is configured to be sufficiently elastic to permit rotation of the training wheel upon application of torque thereto while in the first position, and configured to have sufficient stiffness to at least reduce rotation of the training wheel in the absence of the application of torque thereto while in the first position.
wherein the elastically deflectable tongue is configured to be sufficiently elastic to permit rotation of the training wheel upon application of torque thereto while in the first position, and configured to have sufficient stiffness to at least reduce rotation of the training wheel in the absence of the application of torque thereto while in the first position.
Claim 15
Claim 17
A bicycle comprising: a bicycle frame; a front wheel rotatably attached to the bicycle frame; a rear wheel rotatably attached to the bicycle frame; a pair of the training wheel assemblies of claim 14, wherein the pair of training wheel assemblies are mounted to the bicycle frame in a mirrored orientation relative to one another.
A bicycle comprising: a bicycle frame; a front wheel rotatably attached to the bicycle frame; a rear wheel rotatably attached to the bicycle frame; a pair of the training wheel assemblies of claim 15, wherein the pair of training wheel assemblies are mounted to the bicycle frame in a mirrored orientation relative to one another.
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 9 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 9 recites the limitation "the fastening rod" in line 17. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-5, 7-8, and 10-15 are rejected under 35 U.S.C. 103 as being unpatentable over Clark (US 6419256) in view of Emmett (US 2619931).
Regarding claim 1, Clark teaches a training wheel assembly comprising:
an assembly frame 24, 26 (Fig. 3, Col. 2, lines 31-34);
a training wheel 14, 16 rotatably attached to the assembly frame (Fig. 3, Col. 2, lines 30-34), the training wheel 14, 16 having:
a wheel axle 18, 20 extending therefrom and defining an axis about which the training wheel 14, 16 rotates (Fig. 3, Col. 2, lines 39-40), and
an annular hub concentric with the wheel axle and rotationally fixed with the wheel axle (Fig. 3, Col. 2, lines 39-40); and
a pair of projections 56, 56’ whereby upon rotation of the training wheel with respect to the assembly frame about the axis, contact of the projections 56, 56’ with the sound generator 44 generates an audible sound indicating that the training wheel is rotating (Col. 3, lines 38-50).
Clark does not teach an elastically deflectable tongue generating the sound by contacting a plurality of successive ratcheted teeth.
However, Emmett teaches a bicycle assembly frame wherein the annular hub having a plurality of successive ratcheted teeth 2a facing the assembly frame along an inner edge thereof (Col. 2, lines 33-42, Fig. 5 of Emmett); an elastically deflectable tongue 4 attached to the assembly frame (Claim 1 of Emmett) and selectively extendible into a rotational path of motion of the ratcheted teeth 2a, whereby upon rotation of the wheel with respect to the assembly frame about the axis, contact of the elastically deflectable tongue 4 with successive teeth 2a of the plurality of ratcheted teeth generates an audible sound indicating that the wheel is rotating (Claims 1-2, Col. 2, lines 33-47, Figs. 1 and 5 of Emmett).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the noise generation system comprising the teeth and the elastic member of Emmett for the noise generation system comprising the projections and the bell of Clark and the results of the substitution would have been predictable and advantageously allowed the training wheel assembly of Emmett to reproduce music (Col. 3, lines 8-13 of Emmett).
While Emmett does not teach the ratcheted teeth being provided on a training wheel, the question is what would result from the combined teachings of the references. See in re Keller, 642 F.2d 413, 425 (CCPA 1981). Here, that result would be the training wheel of Clark having the ratcheted teeth mounted on the inner annular hub of the training wheels as Emmett teaches mounting the ratcheted teeth to the inner annular hub of a bicycle wheel (Col. 3, lines 3-4 of Emmett).
Regarding claim 2, Clark as modified teaches wherein the elastically deflectable tongue is configured to be sufficiently elastic to permit rotation of the training wheel upon application of torque thereto while being positioned in the rotational path of motion of the ratcheted teeth thereof (Col. 3, lines 22-37 of Emmett; the spring of Emmett allows the tongue 4 to be sufficiently elastic to permit rotation of the wheel as it rotates), and configured to have sufficient stiffness to at least reduce rotation of the training wheel in the absence of the application of torque thereto (Any solid part will inherently have a stiffness value which will reduce the speed of the wheel when coming into contact with it; the elastically deflectable tongue 4 of Emmett will have such a stiffness value).
Regarding claim 3, Clark as modified teaches wherein the assembly frame comprises an upper, generally linear and vertically extending section, a lower, generally linear and vertically extending section and an interconnecting middle, generally horizontally extending section (See annotated figure 3 of Clark below).
Regarding claim 4, Clark modified as above teaches the training wheel rotatably attached to the lower section of the assembly frame (See annotated figure 3 of Clark below).
Regarding claim 5, Clark modified as above teaches the training wheel assembly wherein the upper section of the assembly frame includes at least one slot for projecting a fastening member therethrough to removably mount the assembly frame to a vehicle (See annotated 3 of Clark below).
Regarding claim 7, Clark as modified teaches wherein the elastically deflectable tongue is selectively attachable to the assembly frame in a first position, wherein the elastically deflectable tongue extends into the rotational path of motion of the ratcheted teeth, or in a second position, wherein the elastically deflectable tongue is spaced away from the rotational path of motion of the ratcheted teeth (Col. 3, lines 22-37, Figs. 1 and 5 of Emmett; the tongue 4 is positionable in an engagement position with teeth 2a or a normal position which is out of contact with the teeth).
Regarding claim 8, Clark modified as above teaches a training wheel assembly, wherein the elastically deflectable tongue (Col. 3, lines 22-37 of Emmett) is removable attached to the assembly frame (Col. 1, lines 44-46 of Clark; the sound generator is attachable to the support frame and is thereby removable as well).
Additionally, see In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349 (CCPA 1961) (The claimed structure, a lipstick holder with a removable cap, was fully met by the prior art except that in the prior art the cap is "press fitted" and therefore not manually removable. The court held that "if it were considered desirable for any reason to obtain access to the end of [the prior art’s] holder to which the cap is applied, it would be obvious to make the cap removable for that purpose."). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the elastically deflectable tongue removable so as to allow a user to turn off the sound generator at will.
Regarding claim 10, Clark modified as above teaches a training wheel comprised of a plurality of spokes 30 radially extending from the wheel axle to a circumferential periphery of the training wheel (Figs. 2a, 4b, and 5b).
Regarding claim 11, Clark as modified teaches an annular hub monolithic with the plurality of spokes (Figs. 4b and 5b).
Regarding claim 12, Clark as modified teaches wherein the elastically deflectable tongue is oriented substantially parallel to the wheel axle (Col. 3, lines 38-50, Figs. 4a and 5a; the projections of the noise generator of Clark are substantially parallel to the wheel axle; Figs. 1-5 of Emmett; the noise generator 4 when in the engagement position with the teeth 2a is substantially parallel to the axle of the wheel).
Regarding claim 13, Clark as modified teaches a bicycle comprising:
a bicycle frame 22 (Col. 3, lines 35-38; Fig. 1);
a front wheel rotatably attached to the bicycle frame (Fig. 1);
a rear wheel 12 rotatably attached to the bicycle frame 22 (Col. 3, lines 45-48, Fig. 1);
a pair of the training wheel assemblies 14, 16, wherein the pair of training wheel assemblies are mounted to the bicycle frame in a mirrored orientation relative to one another (Col. 3, lines 54-56; See annotated Fig. 3 below).
Regarding claim 14, Clark a training wheel assembly comprising:
an assembly frame (Fig. 3, Col. 2, lines 31-34);
a training wheel 14, 16 rotatably attached to the assembly frame (Fig. 3, Col. 2, lines 31-34), the training wheel having:
a wheel axle extending therefrom and defining an axis about which the training wheel rotates (Fig. 3, Col. 2, lines 39-40), and
an annular hub concentric with the wheel axle and rotationally fixed with the wheel axle (Fig. 3, Col. 2, lines 39-40), and
a pair of projections 56, 56’ whereby upon rotation of the training wheel with respect to the assembly frame about the axis, contact of the projections 56, 56’ with the sound generator 44 generates an audible sound indicating that the training wheel is rotating (Col. 3, lines 38-50).
Clark does not teach an elastically deflectable tongue generating the sound by contacting a plurality of successive ratcheted teeth.
However, Emmett teaches a bicycle assembly frame and a wheel comprising an annular hub having a plurality of successive ratcheted teeth 2a facing the assembly frame along an inner edge thereof (Claim 1, Col. 2, lines 33-36 of Emmett); and
an elastically deflectable tongue 4 removably attached to the assembly frame and selectively oriented in (i) a first position, wherein the elastically deflectable tongue 4 extends into a rotational path of motion of the ratcheted teeth 2a, whereby upon rotation of the wheel with respect to the assembly frame about the axis, contact of the elastically deflectable tongue 4 with successive teeth 2a of the plurality of ratcheted teeth 2a generates an audible sound indicating that the wheel is rotating, or in (ii) a second position, wherein the elastically deflectable tongue 4 is spaced away from the rotational path of motion of the ratcheted teeth 2a, thereby eliminating generation of the audible sound upon rotation of the wheel with respect to the assembly frame about the axis (Claims 1-2, Col 2, lines 37-47, Col. 4, lines 42-49 Figs. 1 and 5 of Emmett),
wherein the elastically deflectable tongue is configured to be sufficiently elastic to permit rotation of the training wheel upon application of torque thereto while in the first position (Col. 3, lines 22-37, Fig. 5 of Emmett; the spring of Emmett allows the tongue 4 to be sufficiently elastic to permit rotation of the wheel as it rotates), and configured to have sufficient stiffness to at least reduce rotation of the training wheel in the absence of the application of torque thereto while in the first position (Any solid part will inherently have a stiffness value which will reduce the speed of the wheel when coming into contact with it; the elastically deflectable tongue 4 of Emmett will have such a stiffness value).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the noise generation system comprising the teeth and the elastic member of Emmett for the noise generation system comprising the projections and the bell of Clark and the results of the substitution would have been predictable and advantageously allowed the training wheel assembly of Emmett to reproduce music (Col. 3, lines 8-13 of Emmett).
While Emmett does not teach the ratcheted teeth being provided on a training wheel, the question is what would result from the combined teachings of the references. See in re Keller, 642 F.2d 413, 425 (CCPA 1981). Here, that result would be the training wheel of Clark having the ratcheted teeth mounted on the inner annular hub of the training wheels as Emmett teaches mounting the ratcheted teeth to the inner annular hub of a bicycle wheel (Col. 3, lines 3-4 of Emmett).
Regarding claim 15, Clark as modified teaches a bicycle comprising:
a bicycle frame 22 (Col. 3, lines 35-38; Fig. 1);
a front wheel rotatably attached to the bicycle frame (Fig. 1);
a rear wheel 12 rotatably attached to the bicycle frame 22 (Col. 3, lines 45-48, Fig. 1);
a pair of the training wheel assemblies 14, 16, wherein the pair of training wheel assemblies are mounted to the bicycle frame in a mirrored orientation relative to one another (Col. 3, lines 54-56; See annotated Fig. 3 below).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Clark in view of Emmett, and further in view of Plana (US 20050134019 A1).
Regarding Claim 6, Clark modified as above teaches a slot for mounting the training wheel assembly to the vehicle (Figs. 1 and 3).
Clark teaches all the elements of the current invention as stated above except wherein the slot is an elongated slot, providing elevational adjustability for the training wheel assembly when mounting to the vehicle.
However, Plana teaches a training wheel with an elongated mounting slot 34 (Figs. 4 and 6 of Plana). Plana discloses that different size through-holes can be used to accommodate different size diameter rear wheels by providing adjustable vertical distance between the wheel axle and the training wheel axles ([0040] of Plana).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to take the slot for mounting the training wheel assembly of Clark and make it elongated like Plana’s in order to accommodate different diameter rear wheels.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Clark in view of Emmett, and further in view of Hoang (US 20060001235).
Regarding claim 9, Clark as modified does not expressly teach wherein a fastening rod comprises a detent pin.
However, Hoang teaches a deployable training wheel apparatus 101 wherein the training wheel apparatus 101 is fastened to the vehicle frame by a fastening rod 104 comprising a detent pin 104 ([0022]-[0023], Figs. 1-2 of Hoang).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the modified bicycle training wheel assembly of Clark/Emmett to fasten the training wheel assembly to the vehicle frame through a detent pin as Hoang teaches in order to advantageously facilitate removal of the training wheel assembly ([0023] of Hoang).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20040116045 teaches a reed that generates a sound as it comes in to contact with the rotating spokes of a bicycle wheel.
US 4018450 teaches a bicycle noise maker comprising an elastically deflectable member that strokes the rotating spoke of the bike.
US 3097447 teaches a bicycle noise maker comprising an elastically deflectable member.
US 20090212531 teaches a bicycle sound generator with an elastically deflectable member.
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/N.W.W./Examiner, Art Unit 3617
/JOHN OLSZEWSKI/Supervisory Patent Examiner, Art Unit 3617
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