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 .
Response to Arguments
Applicant’s arguments with respect to claims 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1, 5, 15, 17, 19, and 20 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. The term “a tongue contact distance” is not well defined or given proper structure in the claims or the specification. For examination purposes, the term “a tongue contact distance” will be interpreted to mean the point at which the towing tongue contacts the rear end support of the wheelbarrow as the tongue is lifted off of the ground surface from a point of no-contact with the rear end support of the wheelbarrow.
Claim Rejections - 35 USC § 102
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 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.
(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.
Claims 1-3, 5, 9-13, 15-16, and 19-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being clearly anticipated by Abel (US 20050051995).
Regarding claim 1, Abel discloses an apparatus for converting a two-wheeled wheelbarrow into a towable cart for transport across a ground surface by a towing vehicle having a hitch defining a hitch height (Abstract, Fig. 1), wherein the wheelbarrow defines a longitudinal axis thereof (Fig. 1; the longitudinal axis of the wheelbarrow is an imaginary centerline perpendicular to the axis of the wheels which runs from one end of the wheelbarrow to the other), front and rear ends thereof and a lower surface thereof and includes a pair of wheels for supporting and transporting the wheelbarrow across the ground surface (Figs. 1-3 show different views of the wheelbarrow, which has front and rear ends, a lower surface, and a pair of wheels), the wheels being rotatably affixed adjacent the forward end of the wheelbarrow to an axle in a spaced-apart relationship along a common axis of rotation of the wheels defined by the axle ([0014], Figs. 1-3), the axle being attached to the lower surface of the wheelbarrow and extending generally transverse to the longitudinal axis of the wheelbarrow (Figs. 1-2), the lower surface of the wheelbarrow further defining a rear end support 11 for supporting the rear end of the wheelbarrow in a resting position ([0020], Fig. 3), the apparatus comprising:
a towing tongue 1 having a first end adapted for pivotable attachment to the axle between the two wheels ([0021], Fig. 3; the end where the towing tongue connects to the wheelbarrow axle by the yoke 4 is the first end), a second end 3 adapted for attachment to the towing vehicle ([0021], Fig. 3), and a tongue body 2 extending between the first and second ends;
the tongue body 2 defining an upper surface thereof and further defining a wheelbarrow intermediate support surface configured and disposed for engaging the lower surface of the wheelbarrow at a contact point on the lower surface of the wheelbarrow located to the rear of the wheels ([0012], Fig. 1; the rear end support 11 which is part of the lower surface of the wheelbarrow is supported on the latching arrangement 12 on the upper surface of the tongue body 2) and pivoting the wheelbarrow about the axis of rotation of the wheels to raise the rear end support 11 of the wheelbarrow free of the ground surface when the first end of the towing tongue is pivotably attached to the axle and the second end 3 of the towing tongue is raised to a tongue contact distance of less than the hitch height from the ground surface ([0024], Fig. 3; since the rear end support 11 mounts to the tongue 1 at a position which is vertically higher than the tongue body 2, the rear end support 11 will be above the ground surface when the tongue is lower than the hitch height), and further configured to lift the rear end support 11 of the wheelbarrow to a predetermined desired clearance distance above the ground surface when the second end 3 of the tongue 1 is lifted to the hitch height (Fig. 3; the rear end support 11 must be pivoted about the axle to a height that is greater than the hitch height in order for the mounted configuration shown in the figure to be achieved).
Regarding claim 2, Abel discloses the apparatus further including a latching arrangement 12 for attaching the body of the towing tongue 2 to the wheelbarrow at a point aft of the wheels ([0024], Fig. 1).
Regarding claim 3, Abel discloses wherein the latching arrangement 12 is configured for latching and unlatching the wheelbarrow from the tongue without the use of tools, and while the wheelbarrow remains hitched to the towing vehicle ([0024]-[0025]).
Regarding claim 5, Abel discloses a spacer element 13 fixedly disposed between the lower surface of the wheelbarrow and the intermediate support surface of the towing tongue 1 ([0024], Fig. 2), the spacer having a spacer element body configured to raise the rear end support of the wheelbarrow free of the ground surface when the second end 3 of the towing tongue 1 is raised to a tongue contact distance of less than the hitch height from the ground surface ([0024], Fig. 3; since the rear end support 11 mounts to the tongue 1 on the spacer 13 at a position which is vertically higher than the tongue body 2, the rear end support 11 will be above the ground surface when the tongue is lower than the hitch height), and further configured to lift the rear end support 11 of the wheelbarrow to a predetermined desired clearance distance above the ground surface when the hitch end 3 of the tongue 1 is lifted to the hitch height (Fig. 3; the rear end support 11 must be pivoted about the axle to a height that is greater than the hitch height in order to mount on the spacer 13 as shown).
Regarding claim 9, Abel discloses wherein the first end of the towing tongue 1 is rotatably attached to the axle in such a manner that, without detaching the hitch end 3 of the towing tongue from the towing vehicle, the wheelbarrow may be selectively pivoted about the axis of rotation of the wheels between a transport position of the wheelbarrow in which the lower surface of the wheelbarrow is supported by the intermediate support surface 2 of the tongue 1, to a dump position of the wheelbarrow whereat the lower surface of the wheelbarrow is pivoted away from the intermediate support surface 2 of the tongue 1 ([0014], Fig. 3; when only one point of contact between the tongue and wheelbarrow is used [the yoke 4], the wheelbarrow will be pivotable about the wheel axis until it is secured by the second point of contact [latching arrangement 12]).
Regarding claim 10, Abel discloses wherein the first end of the towing tongue 1 defines a transversely extending slot (the inner side of the U-shaped yoke 4 is the transverse slot) configured for receiving and retaining the axle of the wheelbarrow between the wheels to thereby pivotably secure the first end of the towing tongue 1 to the wheelbarrow ([0021]-[0022], Fig. 2).
Regarding claim 11, Abel discloses wherein the first end of the towing tongue 1 is configured to be attachable to and detachable from the wheelbarrow without the use of tools ([0023]).
Regarding claim 12, Abel discloses wherein the wheelbarrow includes one or more handles extending in a normal position from the rear of the wheelbarrow for utilizing the wheelbarrow in a manual mode of operation (Fig. 1), and the towing tongue 1 is configured such that the wheelbarrow may be towed by the towing vehicle while the one or more handles are extending in the normal position from the rear of the wheelbarrow ([0010], Fig. 1).
Regarding claim 13, Abel discloses wherein:
the first end of the towing tongue 1 is rotatably attached to the axle in such a manner that, without detaching the hitch end 3 of the towing tongue 1 from the towing vehicle, the wheelbarrow may be selectively pivoted about the axis of rotation of the wheels between a transport position of the wheelbarrow in which the lower surface of the wheelbarrow is supported by the intermediate contact surface 2 of the tongue 1, to a dump position of the wheelbarrow whereat the lower surface of the wheelbarrow is pivoted away from the intermediate support surface 2 of the tongue 1 ([0014], Fig. 3; when only one point of contact between the tongue and wheelbarrow is used [the yoke 4], the wheelbarrow will be pivotable about the wheel axis until it is secured by the second point of contact [latching arrangement 12]); and
the towing tongue 1 is configured such that the one or more handles extending from the rear of the wheelbarrow may be used to facilitate moving the wheelbarrow between the transport and dump positions of the wheelbarrow while the towing tongue is hitched to the towing vehicle ([0010], Fig. 1; since the handle can perform a dumping action around the axis of the wheels, and the wheels are rotationally connected to the towing tongue at yoke 4, the wheelbarrow may be pivoted while mounted to the yoke by a movement of the handle).
Regarding claim 15, Abel discloses a method for converting a two-wheeled wheelbarrow into a towable cart for transport across a ground surface by a towing vehicle having a hitch defining a hitch height (Abstract, Fig. 1), the method comprising:
providing a wheelbarrow defining a longitudinal axis thereof (Fig. 1; the longitudinal axis of the wheelbarrow is an imaginary centerline perpendicular to the axis of the wheels which runs from one end of the wheelbarrow to the other), front and rear ends thereof and a lower surface thereof and including a pair of wheels for supporting and transporting the wheelbarrow across the ground surface (Figs. 1-3 show different views of the wheelbarrow, which has front and rear ends, a lower surface, and a pair of wheels), the wheels being rotatably affixed adjacent the forward end of the wheelbarrow to an axle in a spaced-apart relationship along a common axis of rotation of the wheels defined by the axle ([0014], Figs. 1-3), the axle being attached to the lower surface of the wheelbarrow and extending generally transverse to the longitudinal axis of the wheelbarrow (Figs. 1-2), the lower surface of the wheelbarrow further defining a rear end support 11 for supporting the rear end of the wheelbarrow in a resting position ([0020], Fig. 3);
providing a towing tongue apparatus including a towing tongue 1 having a first end adapted for pivotable attachment to the axle between the two wheels ([0021], Fig. 3; the end where the towing tongue attaches to the axle of the wheelbarrow by the yoke 4 is the first end), a second end 3 adapted for attachment to the towing vehicle ([0021], Fig. 3), and a tongue body 2 extending between the first and second ends;
the tongue body 2 defining an upper surface thereof and further defining a wheelbarrow intermediate support surface configured and disposed for contacting the lower surface of the wheelbarrow at a point on the lower surface of the wheelbarrow located to the rear of the wheels along the longitudinal axis ([0012], Fig. 1; the rear end support 11 which is part of the lower surface of the wheelbarrow is supported on the latching arrangement 12 on the upper surface of the tongue body 2) and pivoting the wheelbarrow about the axis of rotation of the wheels to raise the rear end support 11 of the wheelbarrow free of the ground surface when the first end of the towing tongue 1 is pivotably attached to the axle and the second end 3 of the towing tongue 1 is raised to a tongue contact distance of less than the hitch height from the ground surface ([0024], Fig. 3; since the rear end support 11 mounts to the tongue 1 at a position which is vertically higher than the tongue body 2, the rear end support 11 will be above the ground surface when the tongue is lower than the hitch height), and further configured to lift the rear end support 11 of the wheelbarrow to a predetermined desired clearance distance above the ground surface when the second end 3 of the tongue 1 is lifted to the hitch height (Fig. 3; the rear end support 11 must be pivoted about the axle to a height that is greater than the hitch height in order for the mounted configuration shown in the figure to be achieved); and
operatively attaching the first end of the towing tongue to the axle of the wheelbarrow between the wheels ([0023], Fig. 3), with the body 2 of the tongue 1 extending beneath the wheelbarrow along the longitudinal axis of the wheelbarrow (Fig. 1), the upper surface of the tongue facing the lower surface of the wheelbarrow (Fig. 1), and the second end 3 of the tongue 1 extending from the rear end of the wheelbarrow (Fig. 1).
Regarding claim 16, Abel discloses wherein the towing tongue apparatus 1 further includes a latching arrangement 12 for securing the wheelbarrow to the tongue, and the method further includes securing the wheelbarrow to the tongue with the latching arrangement ([0024], Fig. 1).
Regarding claim 19, Abel discloses a convertible two-wheeled wheelbarrow and towable cart arrangement for transporting loads across a ground surface manually or by a towing vehicle (Abstract, Fig. 1), the convertible wheelbarrow arrangement comprising:
a wheelbarrow defining a longitudinal axis thereof (Fig. 1; the longitudinal axis of the wheelbarrow is an imaginary centerline perpendicular to the axis of the wheels which runs from one end of the wheelbarrow to the other), front and rear ends thereof and a lower surface thereof and including a pair of wheels for supporting and transporting the wheelbarrow across the ground surface (Figs. 1-3 show different views of the wheelbarrow, which has front and rear ends, a lower surface, and a pair of wheels), the wheels being rotatably affixed adjacent the forward end of the wheelbarrow to an axle in a spaced-apart relationship along a common axis of rotation of the wheels defined by the axle ([0014], Figs. 1-3), the axle being attached to the lower surface of the wheelbarrow and extending generally transverse to the longitudinal axis of the wheelbarrow (Figs. 1-2), the lower surface of the wheelbarrow further defining a rear end support 11 for supporting the rear end of the wheelbarrow in a resting position ([0020], Fig. 3); and
a towing tongue 1 having a first end adapted for pivotable attachment directly to the axle between the two wheels ([0021], Fig. 3; the end where the towing tongue attaches to the axle of the wheelbarrow by the yoke 4 is the first end), a second end 3 adapted for attachment to the towing vehicle ([0021], Fig. 3), and a tongue body 2 extending between the first and second ends;
the tongue body 2 defining an upper surface thereof and further defining a wheelbarrow intermediate support surface configured and disposed for contacting the lower surface of the wheelbarrow at a contact point on the lower surface of the wheelbarrow located to the rear of the wheels along the longitudinal axis ([0012], Fig. 1; the rear end support 11 which is part of the lower surface of the wheelbarrow is supported on the latching arrangement 12 on the upper surface of the tongue body 2) and pivoting the wheelbarrow about the axis of rotation of the wheels to raise the rear end support 11 of the wheelbarrow free of the ground surface when the first end of the towing tongue 1 is pivotably attached to the axle and the second end 3 of the towing tongue 1 is raised to a tongue contact distance of less than the hitch height from the ground surface ([0024], Fig. 3; since the rear end support 11 mounts to the tongue 1 at a position which is vertically higher than the tongue body 2, the rear end support 11 will be above the ground surface when the tongue is lower than the hitch height), and further configured to lift the rear end support 11 of the wheelbarrow to a predetermined desired clearance distance above the ground surface when the second end 3 of the tongue 1 is lifted to the hitch height (Fig. 3; the rear end support 11 must be pivoted about the axle to a height that is greater than the hitch height in order for the mounted configuration shown in the figure to be achieved).
Regarding claim 20, Abel discloses the convertible two-wheeled wheelbarrow and towable cart arrangement further comprises at least one of a latching arrangement 12 for securing the contact point of the lower surface wheelbarrow to the intermediate support surface 2 of the towing tongue 1 ([0024], Fig. 1), or a spacer element 13 operatively disposed between the wheelbarrow and the towing tongue 1 ([0024], Fig. 2), the spacer element 13 having a spacer element body configured to raise the rear end support of the wheelbarrow free of the ground surface when the second end 3 of the towing tongue 1 is raised to a tongue contact distance of less than the hitch height from the ground surface ([0024], Fig. 3; since the rear end support 11 mounts to the tongue 1 on the spacer 13 at a position which is vertically higher than the tongue body 2, the rear end support 11 will be above the ground surface when the tongue is lower than the hitch height), and further configured to lift the rear end support 11 of the wheelbarrow to a predetermined desired clearance distance above the ground surface when the second end 3 of the tongue 1 is lifted to the hitch height (Fig. 3; the rear end support 11 must be pivoted about the axle to a height that is greater than the hitch height in order to mount on the spacer 13 as shown).
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Abel in view of Dechant (US 8998341).
Regarding claim 4, Abel discloses wherein the latching arrangement 12 comprises at least one of an elastomeric latching member or a removable retaining pin 14 ([0024], Fig. 14).
Additionally, and in the alternative, Dechant teaches a latching arrangement wherein the latching arrangement comprises a removable retaining pin (Col. 11, lines 9-16; Fig. 15 of Dechant; the frame 20 functioning the same as the tongue and the bed and bed adaptor 18 functioning as the wheelbarrow).
It is well known that removable pins can be used to lock two members together, 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 latching arrangement of Abel to connect to the wheelbarrow with removable pins as Dechant teaches and the results would have been predictable and provided the advantage of allowing the wheelbarrow to be secured to the towing tongue by hand.
Claims 6-8 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Abel in view of McCall (US 20200324591).
Regarding claim 6, Abel does not teach the spacer element allowing for adjustment of the predetermined desired clearance distance.
However, McCall teaches a trailer tow hitch which uses a spacer element 48 to allow for adjustment of clearance between two components 48, 50 ([0038] of McCall).
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 spacer of Abel to have a plurality of pin receiving holes which allow for vertical adjustment of the location of the spacer in order to advantageously make the towing tongue adjustable for different wheelbarrow heights.
While McCall does not teach the spacer element connecting a wheelbarrow to the tow hitch, 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 wherein the spacer element body (13 of Abel) is configured for fixed attachment in a manner allowing for adjustment of the predetermined desired clearance distance above the ground surface (using a pin and vertically aligned pin through-holes as is taught by McCall) when the hitch end of the tongue is lifted to the hitch height.
Additionally See In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954) (Claims were directed to a handle for a fishing rod wherein the handle has a longitudinally adjustable finger hook, and the hand grip of the handle connects with the body portion by means of a universal joint. The court held that adjustability, where needed, is not a patentable advance, and because there was an art-recognized need for adjustment in a fishing rod, the substitution of a universal joint for the single pivot of the prior art would have been obvious.). Making the spacer element adjustable so that it can provide different clearance distances is not patentably distinct.
Regarding claim 7, Abel as modified teaches wherein the spacer element body 13 is configured for fixed attachment to the wheelbarrow aft of the wheels and movement with the wheelbarrow as the wheelbarrow is pivoted about the axis of rotation ([0024], Fig. 3; the spacer body is attached to the tongue so as to pivot with it and the wheelbarrow around the axis of the wheels), the spacer element 13 having a lower surface 15 thereof when attached to the wheelbarrow defining an extension of the lower surface of the wheelbarrow and forming the contact point of the lower surface of the wheelbarrow with the intermediate support surface 2 of the towing tongue 1 when the spacer element body 13 is fixedly attached to the wheelbarrow ([0024], Figs. 2-3; the hook 15 is part of the spacer element 13 which is mounted on the intermediate support surface 2 of the towing tongue 1 and forms the contact point between the tongue and the wheelbarrow).
Regarding claim 8, Abel as modified teaches wherein the latching arrangement 12 further comprises the spacer body 13 ([0024], Fig. 2), with the distal end of the spacer body 13 being configured for engaging the towing tongue 2 and securing the contact point of the extension of the lower surface of the wheelbarrow against the intermediate contact surface of the towing tongue ([0024], Figs. 2-3; the hook 15 is part of the spacer element 13 which is mounted on the intermediate support surface 2 of the towing tongue 1 and forms the contact point between the tongue and the wheelbarrow).
Regarding claim 17, Abel discloses the apparatus further comprising a spacer element 13 operatively disposed between the wheelbarrow and the towing tongue 1 ([0024], Fig. 2), the spacer element 13 having a spacer element body configured to raise the rear end support 11 of the wheelbarrow free of the ground surface when the second end 3 of the towing tongue 1 is raised to a tongue contact distance of less than the hitch height from the ground surface ([0024], Fig. 3; since the rear end support 11 mounts to the tongue 1 on the spacer 13 at a position which is vertically higher than the tongue body 2, the rear end support 11 will be above the ground surface when the tongue is lower than the hitch heigh), and further configured to lift the rear end support 11 of the wheelbarrow to a predetermined desired clearance distance above the ground surface when the second end 3 of the tongue 1 is lifted to the hitch height (Fig. 3; the rear end support 11 must be pivoted about the axle to a height that is greater than the hitch height in order to mount on the spacer 13 as shown).
Abel does not teach the method further comprises utilizing the spacer element to adjust the predetermined desired clearance distance to a desired height.
However, McCall teaches a trailer tow hitch which uses a spacer element 48 to allow for adjustment of clearance between two components 48, 50 ([0038] of McCall).
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 spacer of Abel to have a plurality of pin receiving holes which allow for vertical adjustment of the location of the spacer in order to advantageously make the towing tongue adjustable for different wheelbarrow heights.
Additionally See In re Stevens, 212 F.2d 197, 101 USPQ 284 (CCPA 1954) (Claims were directed to a handle for a fishing rod wherein the handle has a longitudinally adjustable finger hook, and the hand grip of the handle connects with the body portion by means of a universal joint. The court held that adjustability, where needed, is not a patentable advance, and because there was an art-recognized need for adjustment in a fishing rod, the substitution of a universal joint for the single pivot of the prior art would have been obvious.). Making the spacer element adjustable so that it can provide different clearance distances is not patentably distinct.
Claims 14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Abel in view of Shubert (US 20050158162).
Regarding claim 14, Abel does not teach the tongue comprising two sections joined by a coupler.
However, Shubert teaches a towing tongue which is divided into two sections 32, 38 joined by a coupler 48 ([0040], Fig. 2 of Shubert).
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 towing tongue of Abel to be comprised of two sections as Shubert teaches in order to advantageously provide a hitch assembly which is simple and logical in design ([0025] of Shubert). Alternatively, it would be advantageous to make the towing tongue separable in order to make it collapsible for storage as this is a common teaching in the art.
While Shubert does not teach the towing tongue having a first end where a wheelbarrow mounts, 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 wherein the tongue (1 of Abel) further comprises a first and a second section thereof (as is taught by modifying Abel in view of Shubert) extending along a common longitudinal axis of the tongue and fixedly joined to one another at respective proximal ends thereof by a coupler (as is taught by modifying Abel in view of Shubert), the distal end of the first section of the tongue comprising the first end of the tongue (the end where yoke 4 is located in Abel would be the distal end of the first section), and the distal end of the second section of the tongue comprising the second end of the tongue (the end where hitch 3 is located in Abel would be the distal end of the second section).
Regarding claim 18, Abel discloses the method further comprising one or more of the following additional steps:
configuring the first end of the towing tongue to be attachable to and detachable from the wheelbarrow without the use of tools ([0023]); pivotably attaching the first end of the towing tongue 1 to the axle in such a manner that, without detaching the hitch end of the towing tongue from the towing vehicle, the wheelbarrow may be selectively pivoted about the axis of rotation of the wheels between a transport position of the wheelbarrow in which the lower surface of the wheelbarrow is supported by the intermediate contact surface 2 of the tongue 1, to a dump position of the wheelbarrow whereat the lower surface of the wheelbarrow is pivoted away from the intermediate support surface 2 of the tongue 1 ([0014], Fig. 3; when only one point of contact between the tongue and wheelbarrow is used [the yoke 4], the wheelbarrow will be pivotable about the wheel axis until it is secured by the second point of contact [latching arrangement 12]);
where the wheelbarrow includes one or more handles extending from the rear of the wheelbarrow for utilizing the wheelbarrow in a manual mode of operation (Fig. 1), configuring the towing tongue such that the wheelbarrow may be towed by the towing vehicle while the one or more handles are extending in their normal position from the rear of the wheelbarrow ([0010], Fig. 1);
utilizing the one or more handles extending from the rear of the wheelbarrow to facilitate moving the wheelbarrow between the transport and dump positions of the wheelbarrow while the towing tongue is hitched to the towing vehicle ([0010], Fig. 1; since the handle can perform a dumping action around the axis of the wheels, and the wheels are rotationally connected to the towing tongue at yoke 4, the wheelbarrow may be pivoted while mounted to the yoke by a movement of the handle).
Abel does not teach the tongue comprising two sections joined by a coupler.
However, Shubert teaches a towing tongue which is divided into two sections 32, 38 joined by a coupler 48 ([0040], Fig. 2 of Shubert).
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 towing tongue of Abel to be comprised of two sections as Shubert teaches in order to advantageously provide a hitch assembly which is simple and logical in design ([0025] of Shubert). Alternatively, it would be advantageous to make the towing tongue separable in order to make it collapsible for storage as this is a common teaching in the art.
While Shubert does not teach the towing tongue having a first end where a wheelbarrow mounts, 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 wherein the tongue (1 of Abel) further comprises a first and a second section thereof (as is taught by modifying Abel in view of Shubert) extending along a common longitudinal axis of the tongue and fixedly joined to one another at respective proximal ends thereof by a coupler (as is taught by modifying Abel in view of Shubert), the distal end of the first section of the tongue comprising the first end of the tongue (the end where yoke 4 is located in Abel would be the distal end of the first section), and the distal end of the second section of the tongue comprising the second end of the tongue (the end where hitch 3 is located in Abel would be the distal end of the second section).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 7441791 teaches a wheelbarrow towing system rotatably mounted on the axle.
US 9889784 teaches a spacer for a towable wheelbarrow which allows for adjustable height.
US 20070164526 teaches a towable wheelbarrow with a spacer and a two-piece towing tongue coupled together by a coupler.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANIEL WILLIAM WATKINS whose telephone number is (703)756-4744. The examiner can normally be reached Monday-Thursday, 8:30 am -6:00 pm EST; Friday 8:30 am - 2:00 pm EST.
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/N.W.W./Examiner, Art Unit 3611
/JOHN OLSZEWSKI/Supervisory Patent Examiner, Art Unit 3617