Make 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 filed June 16, 2026, regarding the 35 U.S.C. 103 claim rejections (pages 6-7) have been fully considered and – in light of the amendment - are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground of rejection is made- see the related 35 U.S.C. 103 rejections below.
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.
Claims 1-3, 10, 12-16, and 28 are rejected under 35 U.S.C. 103 as being unpatentable over Helmke (DE102012014176A1) in view of MORESSEE (FR-3072640-A1), AUDI (DE-102007002798-B4), and either one of Lee (US-20130147157-A1) or KANG (KR-100821782-B1) (note underlined portions below correspond to the latest amendment, for Applicant’s convenience).
Regarding Claim 1, Helmke teaches a rear arrangement for a vehicle (Abstract describes a trailer coupling for a vehicle), said rear arrangement comprising:
a trailer coupling mount (Trailer Connection Device 4, Figs. 2A-F) that is pivotable about a pivot axis between an inoperative position and a use position (Para. [0026]), the pivot axis being congruent or parallel to a vehicle longitudinal axis (x) (Figs. 2A & C and Para. [0027]); and
a rear diffuser (Bumper Cover 2, Figs. 1-4) having an adjustable air-guiding element (First Cover Element 9, Figs. 1-4) which is adjustable between a retracted position and an extended position (Para. [0029]);
an actuator for adjusting the adjustable air-guiding element (9) between the retracted position and the extended position (Para. [0033] teaches the First Cover Element 9 being operable by means of an actuator).
a trailer coupling mount actuator for pivoting the trailer coupling mount (4) (Para. [0027] teaches the Pivoting and Rotating Mechanism 8 as optionally being operated hydraulicly or pneumatically, which a person with reasonable skill in the art would recognize as analogous to being pivoted by an actuator),
an operating element (Para. [0033] teaches an electric motor) that is coupled electrically and/or electronically to a control means (Para. [0033] teaches a control device for the electric motors, which a person with reasonable skill in the art would recognize as being electrically or electronically coupled to the electric motor) which is configured to activate the trailer coupling mount actuator and/or the actuator for the adjustable air-guiding element (Para. [0033] teaches a control and regulating device for controlling the actuators for the First 9 and Second 14 Cover Elements).
wherein, in the retracted position of the air-guiding element (9), the air-guiding element (9) at least partially conceals the trailer coupling mount (4) (Figs. 1 & 2A show First Cover Element 9 in a retracted position in which the Trailer Connection Device 4 is at least partially concealed by said element), such that the air-guiding element (9) has to be brought into the extended position so that the trailer coupling mount (4) can be pivoted into the use position (Para. [0031]),
wherein the control means is configured to activate the actuator for the adjustable air-guiding element (9) as a result of an actuation of the operating element so that the air-guiding element (9) is adjusted into the extended position (Para. [0033]), and to activate the trailer coupling mount actuator so that the trailer coupling mount is pivoted into the use position (see the 103 rejection of claim 8 above).
Helmke does not teach the control means as also or alternatively being configured to activate the trailer coupling mount actuator.
It would have been obvious to a person of ordinary skill in the art having the teachings of Helmke and MORESSEE before them at the time of the invention, to modify Helmke’s rear arrangement for a vehicle such that a control means was also or alternatively configured to activate a trailer coupling mount actuator in the same way that Helmke teaches a control means configured to activate an actuator for an adjustable air-guiding element. A person of ordinary skill in the art would have appreciated the advantage of being able to control the trailer coupling mount actuator electronically that would beneficially allow for easy actuation by the operator.
Helmke does not teach that the fixed portion of the rear diffuser extends below the adjustable air-guiding element.
MORESSEE teaches a rear diffuser (Rear Diffuser 10, Figs. 1-3) comprising a fixed portion (Lower Portion 44, Figs. 1-3) that is fixed to a rear bumper (Bumper 40, Figs. 1-4, considered rear as it is a part of the Rear Diffuser 10; Lower Portion 44 considered fixed to Bumper 40 in that it is described as a part of Bumper 40- see Page 4, Para. 1) and extends to an elevation (“E44”, Fig. 1 Annotations A) beneath an adjustable air guiding element (Primary Panel 20, Figs. 1-4, considered adjustable in that it moves between deployed position and a retracted position- compare Figs. 1 &2 and see Abstract- and air guiding in that the Rear Diffuser 10 is described as able to direct air- see Page 4, Para. 5; where elevation E44 of Lower Portion 44 is considered beneath Primary Panel 20 in that elevation E44 is lower than elevation E20-R, Fig. 1 Annotations A), wherein the fixed portion (44) is connected to the adjustable air-guiding element (20) such that the fixed portion (44) remains stationary as the adjustable air-guiding element (20) moves between a retracted (Fig. 1) and an extended position (Fig. 2) (the Lower Portion 44 remaining stationary between Figs. 1 & 2 while Primary Panel 20 moves between a retracted and a deployed- i.e. extended- position, see also Page 3, Para. 7- Page 4, Para. 1).
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The rear diffuser of MORESSEE is further arranged such that in the retracted position (Fig. 1) of the adjustable air guiding element (20), a curved air flow surface (“AFC”, Fig. 1 Annotations B) is defined on exterior facing surfaces (those surfaces facing down in Fig. 1) of the fixed surface (44) and the adjustable air guiding element (20) (the exterior facing surfaces of Lower Portion 44 and Primary Panel 20 curving as illustrated by curved airflow surface AFC in Fig. 1 Annotations B) (note: these teachings relate to claim 12 as discussed below).
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The rear diffuser of MORESSEE is further arranged such that the fixed portion (44) extends to an elevation (E44) beneath the adjustable air guiding element (20) in both the retracted (Fig. 1) and extended positions (Fig. 2) of the adjustable air guiding element (elevation E44 of Lower Portion 44 is considered beneath Primary Panel 20 in the retracted position as discussed above, and in the extended position in that elevation E44 is lower than elevation E20-E of Primary Panel 20 as illustrated in Fig. 2 Annotations B) (note: these teachings relate to claim 14 as discussed below).
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The rear diffuser of MORESSEE is further arranged such that the fixed portion (44) extends forward (left in Fig. 1) of the adjustable air guiding element (20) as viewed in the vehicle longitudinal axis (as illustrated in Fig. 1, the longitudinal axis being left and right as illustrated in Fig. 1) (note: these teachings relate to claim 15 as discussed below).
It would have been obvious to a person of ordinary skill in the art having the teachings of Helmke and MORESSEE in front of them before the effective filing date of the claimed invention, to modify Helmke’s rear arrangement such that the fixed portion of the rear diffuser extended below the adjustable air-guiding element as suggested by MORESSEE. A person of ordinary skill in the art would have appreciated the advantage of an extended air guiding surface that would beneficially make a more aerodynamic rear arrangement.
Helmke does not teach that adjusting the air-guiding element into the retracted position is blocked when the trailer coupling mount is in the use position.
AUDI teaches, in another adjustable tow bar with cover (Abstract), a trailer coupling mount (Connecting Unit 2, Fig. 1) and an air-guiding element (Cover 3, Fig. 1), wherein when the trailer coupling mount (2) is in a use position (an extended position, Fig. 1 and Abstract), an adjustment of the air-guiding element (Cover 3 being movable between a closed and an open position, Abstract) into a retracted position (closed) is blocked (as illustrated in Fig. 1).
It would have been obvious to a person of ordinary skill in the art having the teachings of Helmke, MORESSEE, and AUDI in front of them before the effective filing date of the claimed invention, to modify Helmke’s rear arrangement such that adjusting the air-guiding element into the retracted position is blocked when the trailer coupling mount is in the use position as suggested by AUDI. A person of ordinary skill in the art would have appreciated the advantage of simplifying the construction of the air-guiding element that would beneficially make a more cost-effective assembly.
Helmke does not teach that the trailer coupling mount pivots about a single pivot axis by an angle of 45 to 180 degrees.
Lee teaches, in another pivoting trailer coupling (Abstract), a trailer coupling mount (Hitch Receiver 40, Fig. 7) that pivots about a single pivot axis (defined by Hinge Shaft 23, Fig. 7) by an angle of 45 to 180 degrees (understood to pivot 90 degrees- compare Figs. 5 and 8) from a first rotational position corresponding to the inoperative position (as illustrated in Fig. 5) to a second rotational position corresponding to the use position (as illustrated in Fig. 8), wherein the first rotational position (of Fig. 5) and the second rotational position (of Fig. 8) are circumferentially spaced apart about the single pivot axis (23) by the angle of 45 to 180 degrees (as discussed above).
The trailer coupling mount (40) of Lee is arranged such that the first rotational position (of Fig. 5) and the second rotational position (of Fig. 8) are circumferentially spaced apart about the pivot axis (23) by an angle of 90 degrees (as discussed above) (note: these teachings relate to claim 29 as discussed below).
KANG teaches, in another pivoting trailer coupling (Abstract), a trailer coupling mount (Hitch 22, Fig. 5) that pivots about a single pivot axis (defined by Rotating Shaft 24, Fig. 5) by an angle of 45 to 180 degrees (understood to pivot 180 degrees- compare the positions of Hitch 22 indicated by solid and dashed lines, Fig. 5) from a first rotational position corresponding to the inoperative position (dashed lines, Fig. 5) to a second rotational position corresponding to the use position (solid lines, Fig. 5), wherein the first rotational position (dashed) and the second rotational position (solid) are circumferentially spaced apart about the single pivot axis (24) by the angle of 45 to 180 degrees (as discussed above).
The trailer coupling mount (22) of KANG is arranged such that an inoperative (dashed) and use (solid) position of the trailer coupling mount (22) are separated by 180 degrees (as discussed above; note: these teachings relate to claim 24 as discussed below) and such that the first rotational position (dashed) and the second rotational position (solid) are circumferentially spaced apart about the pivot axis (24) by an angle of 180 degrees (as discussed above) (note: these teachings relate to claim 30 as discussed below).
It would have been obvious to a person of ordinary skill in the art having the teachings of Helmke, MORESSEE, AUDI, and either one of Lee or KANG in front of them before the effective filing date of the claimed invention, to modify Helmke’s rear arrangement such that the trailer coupling mount pivots about a single pivot axis by an angle of 45 to 180 degrees as suggested by Lee or KANG. A person of ordinary skill in the art would have appreciated the advantage of simplifying the construction of the trailer coupling mount that would beneficially make a more cost-effective assembly.
Regarding Claim 2, Helmke further teaches a rear covering element (Bumper Fascia 2, Figs. 2A- F) adjacent to the adjustable air-guiding element (9), wherein the rear covering element (2) at least partially conceals the trailer coupling mount (4) when the air-guiding element (9) is in the extended position and the trailer coupling mount (4) is in the inoperative position (Fig. 2B shows the First Cover Element 9 in the extended position and a person with reasonable skill in the art would recognize that the Trailer Connection Device 4, if left in the inoperative position, would be at least partially covered by Bumper Fascia 2).
Regarding Claim 3, Helmke further teaches that the trailer coupling mount (4) is coupled to a bodyshell element (Paras. [0026]- [0027] teach the Trailer Connection Device 4 being coupled to the vehicle body) of the rear arrangement and is pivotably mounted about the pivot axis by a bearing unit (Pivoting and Rotating Mechanism 8, Figs. 2A-F) (Para. [0027]).
Regarding Claim 10, Helmke teaches a vehicle (Vehicle 1, Fig. 1) having the rear arrangement as claimed in claim 1 (see the 103 rejection of claim 1 above, as well as Para. [0026] which teaches the Vehicle 1 comprising the Trailer Connection Device 4).
Regarding Claim 28, Helmke further teaches that the rear diffuser (2) further comprises a fixed portion (Frame Element 10, Figs. 2b-f) that is fixed to a rear bumper (the collection of parts including Bumper Cover 2, First and Second Cover Elements 9 & 14 and the unillustrated Rear Bumper Cross Member taught in Para. [0025]; hereafter “RB”) of the rear arrangement (Frame Element 10 being considered fixed to Rear Bumper RB in that they both are or comprise frame members of a vehicle), wherein a pivot axis (an axis formed by Swivel Arm 12, Fig. 2B) of the adjustable air guiding element (9) is defined at an intersection of the fixed portion (10) and the adjustable air guiding element (First Cover Element 9 pivoting about the axis formed by Swivel Arm 12 which is disposed at the intersection of First Cover Element 9 and Frame Element 10 as illustrated in Fig. 2B), and wherein the fixed portion (10) is connected to the adjustable air-guiding element (9) such that the fixed portion (10) remains stationary as the adjustable air-guiding element (9) moves between the retracted (Fig. 2A) and extended positions (Frame Element 10 remaining stationary when First Cover Element 9 moves between the retracted position, as illustrated in Fig. 2A, and the extended position, as illustrated in Fig. 2B).
Regarding Claims 12, 14, and 15, Helmke, as modified above by MORESSEE, teaches all limitations (see the 103 rejection of claim 1 for the teachings of MORESSEE and the motivation to combine them with the rear arrangement of Helmke).
Regarding Claim 13, Helmke teaches that the rear bumper (RB) has a cutout (First Opening 5, Figs. 2b- e) extending across the bumper (First Opening 5 extending in the “y” direction of Figs. 2a & b) for receiving the adjustable air guiding element (9) in the retracted position (Fig. 2a) of the adjustable air guiding element (First Opening 5 being illustrated as receiving First Cover Element 9 in Fig. 2a), and wherein the adjustable air guiding element (9) has a complementary shape so as to fit within the cutout (5) in the rear bumper (the shape of First Cover Element 9 being illustrated as complimentary to First Opening 5 such that First Cover Element 9 fits within First Opening 5 as illustrated in Figs 2a- e).
Regarding Claim 16, Helmke teaches that the fixed portion (10) and the adjustable air guiding element (9) extend parallel to each other along a vehicle transverse axis (the transverse axis being defined as the “y” axis as illustrated in Fig. 2, Frame Element 10 and First Cover Element 9 both having a dimension extending in the “y” axis, they are considered to extend parallel to each other in the transverse axis).
Claims 5-6, 26, and 29 are rejected under 35 U.S.C. 103 as being unpatentable over Helmke, MORESSEE, AUDI, and Lee.
Regarding Claim 5, Helmke teaches the trailer coupling mount (4).
Helmke does not teach a removable plug-in coupling.
Lee teaches a receptacle (Hitch Receiver 40) and a removable plug-in coupling (Draw Bar 6, Fig. 1) removably mounted to the receptacle (40), wherein the removable plug-in coupling (6) comprises a coupling ball (Ball Joint 7, Fig. 1).
The receptacle for a removable plug-in coupling (6) of Lee is arranged such that in the use position (Fig. 8), the receptacle (40) is positioned to receive the removable plug-in coupling (as understood by Figs. 1 and 8; note: these teachings relate to claim 26 as discussed below).
It would have been obvious to a person of ordinary skill in the art having the teachings of Helmke, MORESSEE, AUDI, and Lee before them before the effective filing date of the claimed invention, to modify Helmke’s modified rear arrangement for a vehicle to include a removable plug-in coupling as suggested by Lee. A person of ordinary skill in the art would have appreciated the advantage of providing a coupling that is compatible with various types of vehicle hitches that would beneficially make a more broadly useful apparatus.
Regarding Claim 6, Helmke does not teach a socket and/or at least one securing chain eyelet.
Lee teaches at least one securing chain eyelet (two eyelets being illustrated as a part of Hitch Receiver 1, Fig. 1).
It would have been obvious to a person of ordinary skill in the art having the teachings of Helmke, MORESSEE, AUDI, and Lee before them at the time of the invention, to modify Helmke’s rear arrangement for a vehicle to include a securing chain eyelet as suggested by Lee. A person of ordinary skill in the art would have appreciated the advantage of providing a secondary form of trailer retention that would beneficially make a safer apparatus.
Regarding Claims 26, Helmke, as modified above, teaches all limitations (see the 103 rejection of claim 5 above for the teachings of Lee and motivation to combine them with the Helmke’s rear arrangement for a vehicle).
Regarding Claim 29, Helmke, as modified by Lee, teaches all limitations (see the 103 rejection of claim 1 above for the teachings of Lee and motivation to combine them with the Rear Arrangement of Helmke).
Claims 24 and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Helmke, MORESSEE, AUDI, and KANG.
Regarding Claims 24 and 30, Helmke, as modified by KANG, teaches all limitations (see the 103 rejection of claim 1 above for the teachings of KANG and motivation to combine them with the Rear Arrangement of Helmke).
Allowable Subject Matter
Claim 31 is 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.
The following is a statement of reasons for the indication of allowable subject matter:
Every element of the claims are not taught by any of the references individually and the prior art of record fails to permissibly teach the overall combination as claimed. Even if one could construe the prior art of record such that the combination disclosed each and every limitation of the claims, the ordered combination would not have been obvious to one ordinarily skilled in the art because doing so would require improper hindsight reasoning in view of the present Specification, and furthermore, there is no teaching, suggestion, or motivation to combine the aforementioned references in reference to themselves or in knowledge generally available to one of ordinary skill in the art before the effective filing date of the claimed invention.
The closest prior art of record, as highlighted above, Helmke, MORESSEE, AUDI, Lee, and KANG generally disclose a rear arrangement with similar features of independent claim 1.
However none of these, nor any of the other cited art, individually or combined, specifically disclose a receptacle, comprising a removable coupling ball, that faces rearwardly in both an inoperable (first) position and in an operable (second) position.
Even if each and every element of the present invention were taught individually by the aforementioned references, combining the references as an ordered combination would not have been obvious to one ordinarily skilled in the art because doing so would require improper hindsight reasoning in view of the present Specification, and furthermore there is no teaching, suggestion, or motivation to combine the aforementioned references present in the aforementioned references themselves or in knowledge generally available to one of ordinary skill in the art.
For at least these reasons, claim 31, as far as it includes all of the limitations of the base claim and any intervening claims, is indicated as reciting allowable subject matter.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 TYLER JAY STANLEY whose telephone number is (571)272-3329. The examiner can normally be reached Monday- Friday 8:30-5:30 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu, Ph.D. can be reached at (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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/TYLER JAY STANLEY/Examiner, Art Unit 3611
/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
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