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 § 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 and 5 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Dunn, in view of patent application publication number US 20060043746 A1 to Theobald.
Regarding claims 1, Dunn discloses a trailer tandem slide stopping device comprising:
[Claim 1] a guide pin (tandem bar guide pin assembly 10) shaped complementarily to the holes (hole 18) of a plurality of holes positioned in an outer rail (tandem bar 20) attached to a trailer (trailer 22), a guide hole (the hole into which pin 10 is inserted as show in Fig. 1) amongst the plurality of holes being positioned either between a rearward end of an inner rail of the trailer tandem and a rear of the trailer or between a forward end of the inner rail and a front of the trailer (the tandem bar 20 moves backward and forwards such that there are holes 18 positioned between the ends of the inner rail and the ends of the trailer, See Fig. 1; Col. 2, Lns. 46 – 58), such that the guide pin is insertable by a first end (shaft 12) into the guide hole (there is no actual claim to the trailer tandem, the rails and the holes in the rail but to a stopping device used with the trailer tandem);
a plate (disc-shaped head 26) attached to a second end of the guide pin, wherein the plate is configured for abutting the outer rail upon insertion of the guide pin into the guide hole (See Fig. 1); and
wherein the guide pin (tandem bar guide pin assembly 10) is configured for abutting the rearward end or the forward end of the inner rail upon driving a semitruck hitched to the trailer in forward or reverse, respectively, for moving the trailer tandem toward the rear or front of the trailer, respectively, such that a locking pin attached to the trailer tandem is aligned with and positioned for insertion into a target hole of the plurality of holes, the target hole corresponding to a desired position of the trailer tandem relative to the trailer (Col. 2, Lns. 1 – 21 through Col. 2, Lns. 50 – 54);
Regarding amended claim 1, Dunn does disclose:
a handle (the outer circumferential surface of disc-shaped head 26) attached to the plate (disc-shaped head 26) wherein the handle is configured for grasping in digits or a hand of the user, positioning the user for pulling on the handle for extracting the guide pin from the guide hole (when the user is removing the pin from hole 18, she can simply grasp the outer surfaces of the disc-shaped head 26).
However, Dunn does not explicitly disclose the handle extending from the plate in a fixed direction opposite to the guide pin,
Theobald discloses a fifth wheel hook/tandem hook release tool incorporating the use of a pin having a ring attached in a direction opposite of the pin (ball detent ring pin, Fig. 3) configured for grasping by a hand and positioned for pulling. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to provide the plate surface of the pin of Dunn with a ring so that the user can more securely grip it.
Although, Theobald is silent as to whether the ring is fixed, it would have been obvious to fix the ring to a surface of the pin for easy grasping, strengthening and noise reduction. The courts have held that "that the use of a one piece construction instead of the structure disclosed in [the prior art] would be merely a matter of obvious engineering choice." (MPEP 2144.04 (V)(B))
Regarding claims 2 and 3, Dunn, modified by Theobald, discloses the trailer tandem slide stopping device of claim 1, Dunn further discloses:
[Claim 2] the guide pin (tandem bar guide pin assembly 10) is cylindrical (See Figs. 2 – 4); and
[Claim 3] the plate (disc-shaped head 26) is circular (See Figs. 1 – 4).
Regarding claim 5, Dunn, modified by Theobald, discloses the trailer tandem slide stopping device of claim 1. Dunn does not teach the handle comprises a ring configured for insertion of a digit of the hand of the user.
Theobald discloses a fifth wheel hook/tandem hook release tool incorporating the use of a pin (ball detent ring pin, Fig. 3) having a ring attached to it. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to provide the pin of Dunn with a ring so that the user can more securely grip it.
Regarding claim 6, Dunn, modified by Theobald, discloses the trailer tandem slide stopping device of claim 5. Dunn further discloses the handle, the guide pin (tandem bar guide pin assembly 10), and the plate (disc-shaped head 26) comprise steel (Col. 2, Lns. 1 – 14).
Regarding claim 7, Dunn discloses a method for selectively positioning a trailer tandem relative to a trailer (trailer 22) to which it is attached, the method comprising the steps of:
providing (elements discussed below appear as having been provided, Figs. 1-4) a trailer tandem slide stopping device (as shown in Fig. 1 comprising:
a guide pin (tandem bar guide pin assembly 10) shaped complementarily to the hole (hole 18) of a plurality of holes (holes 18) positioned in an outer rail (tandem bar 20) attached to a trailer (trailer 22), such that the guide pin is insertable by a first end (shaft 12) into a guide hole amongst the plurality of holes, the guide hole being selected by an operator, and a plate (disc-shaped head 26) attached to a second end of the guide pin, wherein the plate is configured for abutting the outer rail upon insertion of the guide pin into the guide hole (See Fig. 1; Col. 2, Lns. 14 – 19);
determining a desired position of the trailer (trailer 22) tandem relative to the trailer (based on the desired weight adjustment, Col. 2, Lns. 51 – 52);
identifying a target hole amongst the plurality of holes (hole 18) in the outer rail (tandem bar 20) most closely corresponding to the desired position of the trailer tandem, into which a locking pin attached to the trailer tandem is to be inserted (inserted into a desired hole 18, Col. 2, Lns. 51 – 52);
determining a hole number differential between the target hole and a hole currently occupied by the locking pin (inserted into a desired hole 18, Col. 2, Lns. 51 – 52; when you insert the pin into the desired hole, a hole number differential is inherently determined);
inserting the guide pin (tandem bar guide pin assembly 10) into a guide hole spaced from a rearward end or a forward end of an inner rail attached to the trailer tandem by the hole number differential (inserted into a desired hole 18…The trailer 22 is then moved carefully forward or backward, Col. 2, Lns. 51 – 54), the guide hole being between a rearward end of the inner rail and a rear of the trailer or between a forward end of the inner rail and a front of the trailer, when adjusting the trailer tandem toward the rear or the front of the trailer, respectively (Although not explicitly described, the intention is that the pin assembly 10 can be inserted in any one of holes 18, shown in Fig. 1, including those between the rearward end of the inner rail and the rear of the trailer or a hole between a forward end of the inner rail and a front of the trailer; The trailer 22 is then moved carefully forward or backward, Col. 2, Lns. 51 – 54);
actuating a tandem release to extract the locking pin from the hole into which it was previously inserted (conventional fashion, Col. 2, Lns. 56 – 58);
locking the brakes of the trailer tandem;
driving a semitruck hitched to the trailer (trailer 22) in forward or reverse for moving the trailer tandem toward the rear or front of the trailer, respectively, until the rearward end or the forward end of the inner rail abuts the guide pin (tandem bar guide pin assembly 10), at which point the target hole is aligned with the locking pin;
deactuating the tandem release for inserting the locking pin into the target hole;
unlocking the brakes of the trailer tandem; and
removing the guide pin from the guide hole (“conventional fashion” Col. 2, Lns. 46 – 58; All of the steps from actuating a tandem release to deactuating the tandem release for inserting the locking pin are standard to the common method of positioning a trailer tandem. Dunn teaches the use of the guide pin in the well-known process).
Dunn does not disclose a handle attached to the plate and extending from the plate in a fixed direction opposite to the guide pin:
Theobald discloses a fifth wheel hook/tandem hook release tool incorporating the use of a pin having a ring attached in a direction opposite of the pin (ball detent ring pin, Fig. 3) configured for grasping by a hand and positioned for pulling (one can simply grasp the ring by a finger, Fig. 3). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to provide the plate surface of Dunn’s pin with a ring so that the user can more securely grip it. Although, Theobald is silent as to whether the ring is fixed, it would have been obvious to fix the ring to a surface of the pin for easy grasping, strengthening and noise reduction.
Regarding claim 8, Dunn discloses a trailer tandem slide stopping device comprising:
a guide pin (tandem bar guide pin assembly 10) shaped complementarily to the holes (hole 18) of a plurality of holes (holes 18) positioned in an outer rail (tandem bar 20) attached to a trailer (trailer 22), a guide hole amongst the plurality of holes (hole 18) being positioned either between a rearward end of an inner rail of the tandem trailer (trailer 22) and a rear of the trailer or between a forward end of the inner rail and a front of the trailer, such that the guide pin (tandem bar guide pin assembly 10) is insertable by a first end (shaft 12) into the guide hole, the guide pin (tandem bar guide pin assembly 10) being cylindrical;
a plate (disc-shaped head 26) attached to a second end of the guide pin (tandem bar guide pin assembly 10), wherein the plate (disc-shaped head 26) is configured for abutting the outer rail (tandem bar 20) upon insertion of the guide pin (tandem bar guide pin assembly 10) into the guide hole, the plate (disc-shaped head 26) being circular (See Fig. 1);
wherein the guide pin (tandem bar guide pin assembly 10) is configured for abutting the rearward end or the forward end of the inner rail upon driving a semitruck hitched to the trailer in forward or reverse, respectively, for moving the trailer (trailer 22) tandem toward the rear or front of the trailer (trailer 22), respectively, such that a locking pin attached to the trailer tandem is aligned with and positioned for insertion into a target hole of the plurality of holes (hole 18), the target hole corresponding to a desired position of the trailer tandem relative to the trailer (trailer 22); and
a handle (the outer circumference of disc-shaped head 26) attached to the plate (disc-shaped head 26) and being opposing to the guide pin (tandem bar guide pin assembly 10), wherein the handle (the outer circumference of disc-shaped head 26) is configured for grasping in digits or a hand of the user, positioning the user for pulling on the handle for extracting the guide pin from the guide hole, and the plate (disc-shaped head 26) comprising steel (Col. 2, Lns. 1 – 14).
Dunn does not disclose the handle comprises a ring configured for insertion of a digit of the hand of the user; and the handle attached to the plate and extending from the plate in a fixed direction opposite to the guide pin.
Theobald discloses a fifth wheel hook/tandem hook release tool incorporating the use of a pin having a ring attached in a direction opposite of the pin (ball detent ring pin, Fig. 3) configured for grasping by a hand and positioned for pulling. It would have been obvious to one of ordinary skill in the art, before the effective filing date, to provide the plate surface of the pin of Dunn with a ring so that the user can more securely grip it.
Although, Theobald is silent as to whether the ring is fixed, it would have been obvious to fix the ring to a surface of the pin for easy grasping, strengthening and noise reduction.
Response to Arguments
Applicant's arguments filed September 16, 2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Both Dunn and Theobald relate to tools for use with tandem trailers, and in adjusting tandem trailers.
Furthermore, applicant argues “Dunn has no handle…”. (Remarks, Page 8) However, a handle is a broad term that can refer to any portion that can be gripped for manipulation of the object it is attached to. In this case, “the peripheral edge” (disc-shaped head 26) is capable of being grasped, and in fact is the portion grasped to insert the pin (shaft 12). Applicant also argues Theobald does not disclose the “requirement of a fixed positioning of the handle relative to the pin”. (Remarks, Page 8) The pin of Theobald has a ring at one end. Although, the ring is free to rotate about the end of the pin, it is not immediately separable from the pin. Therefore the ring is fixed to the pin in that it does not separate from the pin.
Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made.
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