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
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 – 4, 6 – 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent number US 6,834,879 B1 to Lorman.
Regarding claims 1 – 4, 6 – 9, 13 and 17, Lorman discloses a hitch ball mount (drawbar 10) comprising:
[Claim 1] a draw bar shank (inner tube 40) and an opposing ball support portion (ball mount bracket 50);
wherein the draw bar shank comprises a draw bar rod (inner tube 40) and a vibration-isolating member (elastomeric material 55) disposed on an outer surface of the draw bar rod (See Figs. 3 and 4); and
wherein the draw bar shank (inner tube 40) is sized to fit closely within a receiver tube (outer tube 15) of a receiver hitch assembly so that, when the draw bar shank is positioned within the receiver tube, the vibration-isolating member contacts a portion of the interior of the receiver tube and holds the draw bar rod in a spaced relationship with the interior of the receiver tube (Col. 5, Lns. 30 – 35);
[Claim 2] wherein the vibration-isolating member (elastomeric material 55) includes a side hole (hitch pin receiver 30) sized for receiving a hitch pin (cushioned hitch pin 20);
[Claim 3] wherein the vibration-isolating member (elastomeric material 55) comprises a vibration-absorbing material (natural rubber that is vulcanized; Col. 5, Lns. 30 – 35);
[Claim 4] wherein the vibration-absorbing material (natural rubber that is vulcanized; Col. 5, Lns. 30 - 35) comprises a composite or rubberized material;
[Claim 6] wherein the vibration-isolating member (elastomeric material 55) includes a side hole (hitch pin receiver 30) in each of two opposing side walls and each of the side holes is sized to receive a hitch pin (cushioned hitch pin 20);
[Claim 7] wherein the vibration-isolating member (elastomeric material 55) is removable from the draw bar rod (inner tube 40; the elastomeric material is bonded and therefore is removable, Col. 5, Lns. 30 – 35);
[Claims 8 and 16] wherein the vibration-isolating member (elastomeric material 55) comprises a sleeve (elastomeric sleeves, Col. 3, Lns. 43 – 47) configured to be slidingly positioned over the draw bar rod (inner tube 40; See Figs. 3 and 4);
[Claim 9] further comprising one or more protrusions (the front and rear ends of inner tube 40) disposed on an outer surface of the draw bar rod (inner tube 40).
Regarding claims 10 – 12, Lorman discloses a vibration-isolating member (elastomeric material 55) for use with a hitch ball mount (drawbar 10), the vibration-isolating member comprising:
[Claim 10] a sleeve (elastomeric sleeves, Col. 3, Lns. 43 – 47) comprising a vibration-absorbing material (natural rubber that is vulcanized; Col. 5, Lns. 30 – 35), wherein the sleeve is configured (i) to fit closely over a draw bar rod (inner tube 40) of a hitch ball mount, (ii) to fit closely within an interior of a receiver tube (outer tube 15) of a receiver hitch assembly, and (iii) to hold the draw bar rod in a spaced relationship with a surface of the interior of the receiver tube when the draw bar rod is positioned within the interior of the receiver tube with the sleeve disposed over the draw bar rod and in contact with the interior surface of the receiver tube (See Figs. 3 and 4);
[Claim 11] wherein the vibration-absorbing material (natural rubber that is vulcanized; Col. 5, Lns. 30 – 35) comprises a composite or rubberized material; and
[Claim 12] wherein the sleeve (elastomeric sleeves, Col. 3, Lns. 43 – 47) includes a side hole (hitch pin receiver 30) in each of two opposing sleeve side walls and each of the side holes is sized to receive a hitch pin (cushioned hitch pin 20);
[Claim 13 ] wherein the vibration-isolating member (elastomeric material 55) is removable from the draw bar rod (inner tube 40; the elastomeric material is bonded and therefore is removable, Col. 5, Lns. 30 – 35).
Regarding claims 14 – 17, 19 and 20, Lorman discloses a receiver hitch assembly comprising in combination:
[Claim 14] a hitch ball mount (drawbar 10) including a draw bar shank (inner tube 40) and an opposing hitch ball support portion (ball mount bracket 50); and
a receiver tube (outer tube 15) having a rearward end, and a top wall, a bottom wall and two opposing side walls defining a receiver tube interior surface (See Figs. 3 and 4), wherein the receiver tube rearward end includes an opening (hole 60) sized for receiving the hitch ball mount draw bar shank;
wherein the draw bar shank includes a draw bar rod (inner tube 40) and a vibration-isolating member (elastomeric material 55) comprising a vibration-absorbing material (natural rubber that is vulcanized; Col. 5, Lns. 30 – 35) disposed about a circumference of the draw bar rod;
wherein the draw bar shank (inner tube 40) is sized to fit closely within the receiver tube (outer tube 15) so that, when the draw bar shank is positioned within the receiver tube, the vibration-reducing member contacts a portion of the receiver tube interior surface and isolates the draw bar rod from contact with the receiver tube interior surface (Col. 5, Lns. 30 – 35); and
wherein each of the opposing side walls of the receiver tube (outer tube 15) includes a side hole (hitch pin receiver 30) sized for receiving a hitch pin (cushioned hitch pin 20) and the draw bar shank (inner tube 40) includes a lateral hole (clearance hole 45) which can be aligned with the receiver side holes and which is sized for receiving the hitch pin;
[Claim 15] wherein the vibration-isolating member (elastomeric material 55) comprises a composite or rubberized material;
[Claim 16] wherein the vibration-isolating member (elastomeric material 55) comprises a sleeve (elastomeric sleeves, Col. 3, Lns. 43 – 47) configured to be slidingly positioned over the draw bar rod (inner tube 40; See Figs. 3 and 4);
[Claim 17] wherein the vibration-isolating member (elastomeric material 55) is removable from the draw bar rod (inner tube 40; the elastomeric material is bonded and therefore is removable, Col. 5, Lns. 30 – 35);
[Claim 19] wherein the vibration-isolating member (elastomeric material 55) comprises a side hole (hitch pin receiver 30) in each of two opposing side walls of the vibration-isolating member and each of the side holes is sized to receive a hitch pin (cushioned hitch pin 20); and
[Claim 20] wherein the draw bar rod (inner tube 40) comprises one or more protrusions (the front and rear ends of inner tube 40) disposed on a periphery of the draw bar shank (inner tube 40).
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.
Claims 5 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lorman, in view of patent application publication number US 2012/0313349 A1 to Shalaby.
Regarding claims 5 and 18, Lorman discloses the hitch ball mount (drawbar 10) of claim 1, but does not teach wherein the vibration-isolating member comprises a layer of vibration-absorbing material molded over the draw bar rod.
However, Shalaby discloses a universal hitch with integral articulation, clamping and locking, comprising a hitch member (universal hitch 80) made of a flexible material over-molded onto a body (2; Paragraph [0036]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, make the hitch member of Lorman by over-molding the rubber vibration member onto the shank, to eliminate an assembly operation in the manufacturing process for cost savings.
Response to Arguments
Applicant's arguments filed August 8, 2025 have been fully considered but they are not persuasive.
Applicant presents arguments on pages 5 – 9 of the Remarks without referring to any particular claim number so that examiner can not properly address the arguments. Applicant should submit an argument under the heading “Remarks” pointing out disagreements with the examiner’s contentions. Applicant must also discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them.
On pages 9 – 12 of Remarks, applicant presents statements repeating various claims and stating “Lorman fails to teach” without pointing to specific features pointing out how Lorman does not disclose the limitations.
Although, applicant has not explicitly pointed out the deficiencies of the rejection made in the Non-Final Rejection mailed February 11, 2025, the examiner will attempt to address some incomplete arguments made in the Remarks.
On page 8 of the Remarks, applicant argues “Lorman’s elastomeric material 55 does not contact the interior of the receiver tube 35”. No particular claim was cited. However, Figures 1 and 3 clearly show Lorman’s draw bar shank (inner tube 40) inserted into a vibration-isolating member (elastomeric material 55) and the two received within receiver tube (outer tube 15). The outer tube (15) of Lorman is a receiver tube.
On page 8 of Remarks, applicant argues “Lorman’s elastomeric material 55 does not include a hole sized for receiving a hitch pin”. No particular claim was cited. However, Lorman shows an elastomeric material in black, sandwiched between a shaft and a receiver tube having an opening through which hitch pin (20) is being inserted (See Fig. 8; Col. 4, Lns. 22 – 26). Therefore, Lorman does disclose an elastomeric material including a hole for receiving a hitch pin.
Furthermore, on Page 8 of Remarks, applicant argues “Lorman does not teach or suggest how the elastomeric material in this construction could be removed from between inner and outer steel rods to which it is bonded without destroying it”. Applicant does not explicitly show this limitation in the claims. Furthermore, none of the claims require removing of the vibration-isolating member without destroying it. Since, the elastomeric material of Lorman is capable of being removed, however it may be destroyed in the process since it is bonded to the shaft, then it is be removable. Therefore, Lorman does discloses this limitation.
Finally, in response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., raised protrusions) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Therefore, the argument “Lorman does not teach or suggest the use of raised protrusions on the outer surface of either the Lorman outer tube 15 or inner tube 40” on page 8 of the Remarks, is improper and will not further be addressed.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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, Valentin Neacsu can be reached on (571)272-6265. 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.
/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611