DETAILED ACTION
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 23 and 24 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 claims 23 and 24, applicant’s claims are defining an “most inboard portion” or saying “inboard from the cleat region”. The applicant’s have not defined the directions and it’s not clear as to if these directions are toward the pedal themselves, when the pedal is mounted to the crank arm, or when a user is using the device since the cleat region is specified rather than the binding assembly. The term “most inboard” can be directional, based on any reference plane without any provided reference and therefore makes the claim unclear. Further, it’s not clear how the applicant’s upper most portion is inboard from the cleat region in an axial direction. Note: this is in contrast to claims 2-7 where the inboard/outboard is explicitly referenced as axially spaced apart.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-8, 12-13, and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Chen (US Pat No 12,246,794).
Regarding claim 1, Chen discloses a bicycle pedal assembly comprising:
a pedal body (2) comprising a rotation axis (1) and a first side configured to engage a foot of a user and including a cleat region, the pedal body being rotatably mountable to a crank arm of a bicycle;
a cleat binding assembly, comprising a first binding portion (9) disposed at a first portion of the cleat region and on a first side of the rotation axis and a second binding portion (101) longitudinally spaced apart from the first binding portion at a second portion of the cleat region and on a second side of the rotation axis, the cleat binding assembly configured to releasably retain a cleat so that when the cleat is retained within the cleat binding assembly the cleat is adjacent the first side of the pedal body and overlies the cleat region; and
a cleat support assembly comprising:
a first support plate (802) longitudinally spaced from the rotation axis and disposed between the rotation axis and the first binding portion, the first support plate covering a first portion of the pedal body within the cleat region and being configured to bear against and support a first portion of the cleat when the cleat is retained by the cleat binding assembly; and
a second support plate (104) longitudinally spaced from the rotation axis and disposed between the rotation axis and the second binding portion, spaced apart from the first support plate, the second support plate covering a second portion of the pedal body within the cleat region and being configured to bear against and support a second portion of the cleat when the cleat is retained by the cleat binding assembly, the second support plate being removable from the pedal body independently of the second binding portion.
Regarding claim 2, Chen discloses the first support plate is removable independently of the first binding portion (e.g. since they’re attached by a pin).
Regarding claim 3, Chen discloses the first support plate comprises an inboard portion and an outboard portion that is axially spaced from the inboard portion (see figure 4).
Regarding claim 4, Chen discloses a central portion that extends axially between and connects the inboard and outboard portions to provide a generally continuous first support surface (see fig. 4).
Regarding claim 5, Chen discloses the second support plate comprises an inboard portion and an outboard portion that is axially spaced from the inboard portion (see figure 4).
Regarding claim 6, Chen discloses the inboard portion and the outboard portion are axially spaced apart from each other and configured to bear against and support a second portion of the cleat when retained by the cleat binding assembly (see figures 1, 4).
Regarding claim 7, Chen discloses a central portion that extends axially between and connects the inboard and outboard portions to provide a generally continuous second support surface.
Regarding claim 8, Chen discloses an outer surface of the first support plate and an outer surface of the second support plate define and lie in a common cleat support plane, which is parallel to and spaced apart from the first side of the pedal body (see figure 4).
Regarding claim 12, Chen discloses A bicycle pedal assembly comprising:
a pedal body comprising:
a first side (shown in fig 2) configured to engage a foot of a user and including a cleat region, an opposing second side and a mounting cavity extending along a rotation axis (shown in figure 5), bounded by a cavity inner sidewall and configured to receive a spindle portion of an axle whereby the pedal body is rotatably mountable to a crank arm of a bicycle,
wherein the pedal body is divided by a first plane, having a first side and a second side, intersecting the pedal body along a length of the pedal body and the rotation axis, and wherein the pedal body is divided by a second plane intersecting the pedal body at the rotation axis and perpendicular to the first plane, the second plane having a first side and a second side, and
at least a first support plate receiving surface (7) disposed in the cleat region and offset from the rotation axis;
a cleat binding assembly, comprising a first binding portion (9) disposed at a first portion of the cleat region and on a first side of the first and second planes and a second binding portion (801) longitudinally spaced apart from the first binding portion at a second portion of the cleat region and on the first side of the first plane and a second side of the second plane, the cleat binding assembly configured to releasably retain a cleat so that when the cleat is retained within the cleat binding assembly the cleat is adjacent the first side of the pedal body and overlies the cleat region;
a first support plate (802) covering a first portion of the pedal body within the cleat region, the first support plate comprising an inner surface that bears against the first support plate receiving surface and an opposing outer surface configured to contact and support a first portion of the cleat when the cleat is retained by the cleat binding assembly;
a cavity plane that is parallel to and spaced apart from the first plane and intersecting a portion of the cavity inner sidewall; and
a support plate receiving plane that is parallel to the first plane and contains the first support plate receiving surface and is disposed between the cavity plane and the first plane.
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Regarding claim 13, Chen discloses the cavity plane is defined by a portion of the cavity inner sidewall that is furthest from the first plane.
Regarding claim 15, Chen discloses a second support plate (101) is receivable in a second support plate receiving surface (5, 6), the second support plate covering a second portion of the pedal body within the cleat region, the second support plate comprising an inner surface that bears against the second support plate receiving surface and an opposing outer surface configured to contact and support a second portion of the cleat when the cleat is retained by the cleat binding assembly.
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) 10 is rejected under 35 U.S.C. 103 as being unpatentable over Chen.
Regarding claim 10, Chen discloses the first support plate and second support plate are longitudinally spaced apart from each other by a central offset region that extends over the rotation axis. It is noted that Chen is silent as to the size of the spacing. It would have been obvious to one having ordinary skill in the art to have modified the spacing between the first and second support plate to be at least 1mm since the support plates of Chen are shown to be sufficiently spaced apart and the degree in which they are spaced apart is a matter of design choice which can be tested with routine experimentation. Since the applicant’s disclosure lacks any criticality to this “at least 1mm” range, this is shown to merely be an encompassing range which provides no clear benefit.
Claim(s) 9, 14, 18, 19, 22-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen in view of Hsieh (US Pat No 9,957,014).
Regarding claims 9 and 14, it is noted that Chen fails to disclose a bushing. However, Hsieh discloses a similar pedal with a binding including a bushing (41). It would have been obvious to one having ordinary skill in the art to have modified the device of Chen with the teachings of Hsieh to achieve the predictable result of easily allowing the pedal to rotate around the spindle freely since the use of a bushing in pedals is fairly well known.
Further, with respect to claim 9, the combination discloses the second support plate rests on a complimentary second support plate receiving surface on the first side of pedal body that is exposed when the second support plate is removed, the second support plate receiving surface lies in and defines a support plate receiving plane, which is parallel to the first side of the pedal body and in line with a bushing plane defined by a bushing within the pedal body.
Further with respect to claim 14, the combination discloses the cavity plane is defined by a portion of the cavity inner sidewall that is adjacent to a bushing disposed within the cavity inner sidewall.
Regarding claim 18, Chen discloses A bicycle pedal assembly comprising:
a pedal body (2) comprising a mounting cavity extending along a rotation axis, bounded by a cavity sidewall and configured to receive a spindle portion of an axle, a first side configured to engage a foot of a user and including a cleat region, an opposing second side spaced from the first side in a thickness direction that is orthogonal to the rotation axis, whereby the pedal body is rotatably mountable to a crank arm of a bicycle, the pedal body having an upper most portion that is spaced farthest from the rotation axis in the thickness direction and defining a maximum height plane that is parallel to and spaced from the rotation axis in the thickness direction and intersects the upper most portion of the pedal body; and
a cleat binding assembly, comprising a first binding portion (9) on a first side of the rotation axis and a second binding portion (101) on a second side of the rotation axis and spaced apart from the first binding portion, the cleat binding assembly configured to releasably retain a cleat,
a first contact surface (shown in figure 3, relating to 104 and 802 of figure 4) disposed within the cleat region and configured to contact and support a first portion of the cleat when the cleat is retained by the cleat binding assembly, the first contact surface lying in and defining a cleat support plane that is between the rotation axis and the maximum height plane.
It is noted that Chen fails to disclose a bushing. However, Hsieh discloses a similar pedal with a binding including a bushing (41). It would have been obvious to one having ordinary skill in the art to have modified the device of Chen with the teachings of Hsieh to achieve the predictable result of easily allowing the pedal to rotate around the spindle freely since the use of a bushing in pedals is fairly well known.
Regarding claim 19, Chen discloses a first support plate (802) connected to the pedal body and covering a first portion of the pedal body within the cleat region, the first support plate comprising an outer surface that comprises the first contact surface and an opposing inner surface that bears against a first support plate receiving surface of the pedal body.
Regarding claim 22, Chen discloses the upper most portion is outside of the cleat region.
Regarding claims 23 and 24, as best understood, Chen discloses the upper most portion is inboard from the cleat region in an axial direction.
Regarding claim 25, it is noted that Chen fails to disclose the upper most region overlying the rotation axis. However, it would have been obvious to one having ordinary skill in the art to have modified the device of Chen to include an additional stub overlying the rotational axis so as to provide additional grip from slipping laterally when not using a cleat, since the applicant’s disclosure provides no clear advantage or criticality to this feature.
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 Patrick Cicchino whose telephone number is (571)270-1954. The examiner can normally be reached Monday-Friday, 8:30AM to 5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Anita Coupe can be reached at (571)270-3614. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Patrick Cicchino/Primary Examiner, Art Unit 3619
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