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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the receiver tube (12) must be differentiated from the vibration-absorbing sleeve (52) and the draw bar rod (21) must be differentiated the draw bar shank (46), in the drawings and must be clearly shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1 – 20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. In regards to claims 1 – 9 the specification does not have any previous support for the limitation “a receiver tube formed in a receiver” (Claim 1, lines 5 – 6). In regards to claims 10 – 20, the disclosure does not have any support for the limitation “a hitch receiver that is irremovable from the hitch receiver” (See independent claims 10 and 14). Applicant, in his arguments and remarks, does not cite any support for this subject matter in the original disclosure.
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);
wherein the draw bar shank (inner tube 40) is sized to fit closely and removably within a receiver tube (the inner surface of outer tube 15) formed in a receiver (the outer surface of outer tube 15) that is configured to be fixably mounted to a towing vehicle (the outer tube 15 attached to the towing vehicle via receiver tube 35; Col. 5, Lns. 6 – 11) [NOTE: Applicant doesn’t actually show/ define a receiver tube (indicated as indicia 12) that is different from the hitch receiver (indicated as 11) or a vibration-isolation sleeve (indicated as indicia 52). Applicant merely points to a solid line between the two (See Fig. 4) and one must assume there is something there or that the receiver tube is an inner surface of the receiver (11) or part of the vibration-isolation but (52). Therefore, Lorman reads on the limitations as defined by applicant’s disclosure.] and
so that wherein, 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 (the inner surface of outer tube 15) of a receiver (the outer surface of outer tube 15) 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 (the inner surface of 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 (the inner surface of 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 (the inner surface of 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 April 16, 2026 have been fully considered but they are not persuasive.
First, applicant has amended independent claims 1, 10 and 14, to state “a receiver tube formed in a receiver”, and “a hitch receiver…defining a receiver tube that is irremovable from the hitch receiver”, respectively. However, this amendment language is new matter.
Applicant continues to argue Lorman’s “elastomeric material 55 does not include a hole sized for receiving a hitch pin”, and Lorman’s “elastomeric material 55 is not removable from the draw bar rod. Instead…its elastomeric material 55 is … bonded to the metal surfaces”. (Remarks, Page 9). As previously mentioned, Lorman clearly depicts elastomeric material (55) extending to hole (30) to receive pin (25) in cutaway shown in Fig. 1 (Col. 4, Lns. 1 – 4). Next, although, the elastomeric material is bonded to the surfaces of the hitch, the elastomeric material remains capable of removal even if it is destroyed in the process.
Thirdly, applicant argues Lorman does not teach or suggest “the use of raised protrusions on the outer surface of the drawbar rod”. (Remarks, Page 9). However, this broad limitation is simply disclosed by the front and rear ends of inner square tube (40) of Lorman which protrude forward and rearward of the center of inner square tube (40).
Lastly, applicant argues Lorman does not disclose newly amended, independent claims 1, 10 and 14 which require the hitch receiver and receiver tube to be formed together or irremovable from one another. As previously mentioned, these limitations are new matter. Furthermore, Lorman’s outer square tube (15) reads on these new limitations because it includes an inner surface and an outer surface, formed together and irremovable from one another, as required by the claims. Also, the elastomeric material (55) of Lorman abuts against the inner surface of tube (15) when the inner tube (40) is inserted into outer square tube (15). Therefore, claims 1 – 20 remain rejected.
Conclusion
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.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU, Ph.D./ Supervisory Patent Examiner, Art Unit 3611
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