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 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) 1-4, 7-9 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Stapleton (US 5,685,469).
Stapleton discloses a bicycle carrier for a vehicle comprising: a first carrier section (31) configured to carry at least one bicycle (col. 3 lines 19-30), the first carrier section (31) attached to a pivoting hub (24); a second carrier section (30) configured to carry at least one bicycle (col. 3 lines 19-30), and configured to attach to the first carrier section (31); an actuator (40) attached to the second carrier section (30) for engaging and disengaging the pivoting hub (24); a first linkage arm (44) operably connected to the pivoting hub (24); a second linkage arm (48) operably connected to the actuator (40); wherein the first linkage arm (44) is releasably connected to the second linkage arm (48); wherein a release component (94) is configured to release the connection between the first linkage arm (44) and the second linkage arm (48).
Re claim 2, the first carrier section (31) comprises a tubular member with a longitudinal cavity (see Fig 2), wherein the first linkage arm (44) is disposed in the longitudinal cavity of the first carrier section (31).
Re claim 3, the second carrier section (30) comprises a tubular member with a longitudinal cavity (see Fig 2), wherein the second linkage arm (48) is disposed in the longitudinal cavity of the second carrier section (see Fig 2).
Re claim 4, rotational movement of the release component (94) is configured to release the connection between the first linkage arm (44) and the second linkage arm (48).
Re claim 7, the first linkage arm (44) is non- releasably connected to the pivoting hub (24).
Re claim 8, a bicycle carrier for a vehicle comprising: a first carrier section (31) configured to carry at least one bicycle (col. 3 lines 19-30), the first carrier section (31) attached to a pivoting hub (24); a second carrier section (30) configured to carry at least one bicycle (col. 3 lines 19-30), and configured to attach to the first carrier section (31); an actuator (40) attached to the second carrier section (30) for engaging and disengaging the pivoting hub (24); a first linkage arm (44) operably connected to the pivoting hub (24); a second linkage arm (48) operably connected to the actuator (40); and a release component (94); wherein the first linkage arm (44) is releasably connected to the second linkage arm (48); and wherein rotational movement of the release component (94) disconnects the first linkage arm (44) from the second linkage arm (48).
Re claim 9, the first carrier section (31) comprises a tubular member with a longitudinal cavity (see Fig 2), wherein the first linkage arm (44) is disposed in the longitudinal cavity of the first carrier section (31).
Re claim 10, wherein the second linkage arm (48) is disposed in the longitudinal cavity of the second carrier section (30).
Allowable Subject Matter
Claims 5, 6, 11, 12, and 13 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.
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.
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 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
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