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 .
Information Disclosure Statement
The information disclosure statement filed 8/22/2022 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. The English translation of EP 3872356 A1 is not legible. However, it has been listed on the accompanying PTOL-892 and has been considered. A copy with an English translation is provided herewith.
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 1-20 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.
Claims 1, 8, and 14 each recite "a lift cylinder coupled to the frame and including a lift cylinder boss coupled to an end of the lift cylinder" in lines 3-4. It is unclear how a lift cylinder boss is "coupled to an end of the lift cylinder" when the lift cylinder boss is itself an element of the lift cylinder (as the claims recite "a lift cylinder ... including a lift cylinder boss"). Further, it is unclear how a lift cylinder boss can be coupled to an end of the lift cylinder because if such coupling occurs, the lift cylinder boss becomes the end of the lift cylinder, and the end which the lift cylinder boss was coupled to is no longer an end. Accordingly, the metes and bounds of the limitations of the lift cylinder and lift cylinder boss in claims 1, 8, and 14 cannot be determined such that clarification and correction are required. Therefore, claims 1, 8, and 14 are indefinite and rejected under 35 U.S.C. 112(b). Additionally, claims 2-7 are rejected because of their dependency on claim 1. Claims 9-13 are rejected because of their dependency on claim 8, and claims 15-20 are rejected because of their dependency on claim 14.
Claims 1 and 8 each set forth the hitch comprising "a pin bore" in line 5, and claim 14 sets forth bosses of the hitch "combine to define a pin bore" in lines 7-9. A "bore" is defined as "–n. 1. A hole or passage made by drilling. 2. The inside diameter of a hole, tube, or cylinder." (See Webster's II Dictionary, Third Edition, p. 87.) Given such definition, a bore requires structure which surrounds space that constitutes the bore, as a bore is made by drilling and/or is an inside diameter. However, the specification shows "pin bore 348" including ends 350 and 352 without surrounding structure in Fig. 8, as a gap in structure surrounding "pin bore 348" is shown between lift cylinder boss 336 and inner frame cylinder boss 338. Such a gap also appears to be shown in Figs. 13, 14, and 17. Thus in light of the specification, the scope of "a pin bore" is not clear, and the metes and bounds of "a pin bore" as claimed cannot be discerned such that clarification and correction are required. Therefore, claims 1, 8, and 14 are indefinite and rejected under 35 U.S.C. 112(b). The claims are being further examined as though "pin bore" reads "pin opening" with respect to the prior art. However, "a pin opening" is interpreted to have "a first bore end and an axially opposing second bore end" as recited in the claims because such bore ends are defined by frame structure (i.e., by the inner frame wall and the outer frame wall).
Claim 2 recites "an axial end of the pin bore," in line 4. However, claim 1 (from which claim 2 depends) previously sets forth "wherein the pin bore extends along a boss axis and includes a first bore end and an axially opposing second bore end," in lines 6-7. It is unclear if "an axial end of the pin bore" in claim 2 is referring to the first bore end or the second bore end (as taken in light of the specification) or is introducing a third bore end (as taken from claim language itself). Thus, the metes and bounds of limitations relating to "an axial end" in claim 2 cannot be determined. Therefore, claim 2 is indefinite and rejected under 35 U.S.C. 112(b).
Claim 11 recites "an axial end of the pin bore," in lines 3-4. However, claim 8 (from which claim 11 depends) previously sets forth "the pin bore including a first bore end and an axially opposing second bore end," in lines 5-6. It is unclear if "an axial end of the pin bore" in claim 11 is referring to the first bore end or the second bore end (as taken in light of the specification) or is introducing a third bore end (as taken from claim language itself). Thus, the metes and bounds of limitations relating to "an axial end" in claim 11 cannot be determined. Therefore, claim 11 is indefinite and rejected under 35 U.S.C. 112(b).
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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Woelfle et al. (US 10,595,453) in view of Miller et al. (US 2,673,506)
Regarding claim 1, Woelfle discloses a three-point hitch for a vehicle, comprising:
a frame including an inner frame wall (of first 46) and an outer frame wall (of second 46; see col. 5, lines 31-36);
a lift cylinder (including first 64; see annotated Fig. A, below) coupled to the frame and including a lift cylinder boss (at or of 64a of first 64; see annotated Fig. A, below);
a pin opening (which receives the pin shown in annotated Fig. A, below) extending between the inner frame wall and the outer frame wall and through the lift cylinder boss, wherein the pin opening extends along a boss axis (along the pin shown in annotated Fig. A, below) and includes a first bore end (within the outer frame wall) and an axially opposing second bore end (within the inner frame wall), the pin opening defining an axial opening length between the first bore end and the second bore end; and
a pin (see annotated Fig. A, below) configured to be received within the pin opening so that the pin extends through the lift cylinder boss and couples the lift cylinder to the frame, wherein the pin defines a pin axis and includes a first pin end, an axially opposing second pin end, and a cylindrical body (see annotated Fig. A, below), wherein the cylindrical body is interrupted by a pin notch (for a rod at an end of the pin) and a retrieval surface (a surface of the pin selected for gripping and/or retrieval) arranged at the second pin end.
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Figure A. Annotated Fig. 3 of US 10,595,453.
Woelfle does not explicitly disclose an axial pin length defined between the first pin end and the second pin end being less than the axial opening length. However, Miller teaches a three-point hitch (including 12 and 29) for a vehicle, comprising:
a frame including frame walls (including 21);
a boss (including 33);
a pin opening (receiving 35 and 37) extending between the frame walls and through the boss (extending vertically in Fig. 3), wherein the pin opening extends along a boss axis (extending vertically through 35 in Fig. 3) and includes a first bore end (in first 21) and an axially opposing second bore end (in second 21), the pin opening defining an axial opening length between the first bore end and the second bore end (see Fig. 3);
a bushing (35); and
a pin (including 37 having 39 and without 41) configured to be received within the pin opening so that the pin extends through the boss and couples the boss to the frame (see Fig. 3), wherein the pin defines a pin axis (vertical axis in Fig. 3) and includes a first pin end (within 35), an axially opposing second pin end (including or at 39), and a cylindrical body (see Fig. 3), and wherein the cylindrical body is interrupted by a pin notch (exterior threads of 37 forming notches) and a retrieval surface (of 39) arranged at the second pin end, and wherein an axial pin length (of 37) defined between the first pin end and the second pin end is less than the axial opening length (see Fig. 3).
Miller is analogous because Miller discloses a three-point hitch for a tractor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the hitch of Woelfle with the pin means as taught by Miller for communication with grease. (See Miller, col. 4, lines 1-9.) Additionally, providing Woelfle with the pin means as taught by Miller is a simple substitution of one known element (i.e., the bushing and pin structure of Miller) for another (i.e., the pin of Woelfle) to obtain predictable results (i.e., support and pivoting as taught by Miller). See MPEP § 2143(I)(B).
Regarding claim 2, in view of the modification made in relation to claim 1, Miller teaches the retrieval surface (of 39) defining a height between the pin axis and the retrieval surface that is less than a radius defined by the cylindrical body (see Fig. 3) so that when the pin is inserted into the pin opening, a tool (such as a wrench or that including a socket) is configured to be inserted over the retrieval surface and remove the second pin end outwardly (see col. 3, lines 73-75).
Additionally, it is also noted that certain limitations of claim 2 (with respect to "a tool") only disclose functionality of the claimed apparatus with a tool (which is not part of the claimed apparatus) only under certain conditions (i.e., "when the pin is inserted into the pin opening and the second end of the pin is inserted past an axial end of the pin opening,") in an intended use of the apparatus that are not always required when considered under the broadest reasonable interpretation standard (since the pin is not necessarily required to be inserted as set forth in the conditional statement).
Regarding claim 3, Woelfle discloses the frame including an interior plate (see annotated Fig. A, above) arranged axially inwardly along the boss axis from the inner frame wall.
Regarding claim 4, Woelfle discloses the lift cylinder boss (at or of 64a of first 64) including a first cylinder boss end and an axially opposing second cylinder boss end (including ends as shown in annotated Fig. A, above).
Regarding claim 5, Woelfle discloses a removal length being defined along the boss axis between the second cylinder boss end and the interior plate (such a length being defined between the structures as shown in annotated Fig. A, above).
Regarding claim 6, in view of the modification made in relation to claims 1 and 3-5, Miller teaches an axial pin length (of 37) defined between the first pin end and the second pin end (see Fig. 3) being less than a removal length (defined along the boss axis between a second boss end of 28 and an upper interior plate 43 in Fig. 3, which is interior to outer structure of the hitch) so that as the pin is removed from the pin opening, the first pin end moves past the second cylinder boss end prior to the second pin end engaging the interior plate (as the pin does not engage the interior plate).
Additionally, it is also noted that certain limitations of claim 6 (with respect to movement of the first pin end) only disclose functions performed by the claimed apparatus only under certain conditions (i.e., "as the pin is removed from the pin opening,") that are not always required when considered under the broadest reasonable interpretation standard (since the pin is not necessarily required to be removed as set forth in the conditional statement).
Regarding claim 7, Woelfle discloses the inner frame wall including an inner frame cylindrical boss (as shown in annotated Fig. A, above, wherein the cylindrical boss shown has the shape of an elliptic cylinder) extending outwardly from the inner frame wall in a direction toward the lift cylinder boss, and the outer frame wall including an outer frame cylindrical boss (as shown in annotated Fig. A, above, wherein the inner and outer frame cylindrical bosses are of opposing walls 46) extending outwardly from the outer frame wall in a direction toward the lift cylinder boss, and wherein the outer frame cylindrical boss, the inner frame cylindrical boss, and the lift cylinder boss are axially aligned along a boss axis (along the pin shown in annotated Fig. A, above) and combine to define the pin opening (which receives the pin as shown in annotated Fig. A, above).
Regarding claim 8, Woelfle discloses a three-point hitch for a vehicle, comprising:
a frame (including 46) including an interior plate (see annotated Fig. A, above);
a lift cylinder (including first 64; see annotated Fig. A, above) coupled to the frame and including a lift cylinder boss (at or of 64a of first 64; see annotated Fig. A, above);
a pin opening (which receives the pin shown in annotated Fig. A, above) extending axially through the lift cylinder boss along a boss axis (along the pin shown in annotated Fig. A, above), the pin bore including a first bore end (within the outer frame wall) and an axially opposing second bore end (within the inner frame wall), wherein the lift cylinder boss (at or of 64a of first 64) includes a first cylinder boss end and an axially opposing second cylinder boss end (see annotated Fig. A, above), the second cylinder boss end being arranged adjacent to the second bore end (see annotated Fig. A, above), wherein a removal length is defined along the boss axis between the second cylinder boss end and the interior plate; and
a pin (see annotated Fig. A, above) configured to be received within the pin opening so that the pin extends through the lift cylinder boss and couples the lift cylinder to the frame, wherein the pin defines a pin axis, a first pin end, and an axially opposing second pin end (see annotated Fig. A, above).
Woelfle does not explicitly disclose an axial pin length defined between the first pin end and the second pin end being less than the removal length as claimed. However, Miller teaches a three-point hitch (including 12 and 29) for a vehicle, comprising:
a frame (including 21) including an interior plate (including upper 43 in Fig. 3);
a boss (including 33);
a pin opening (receiving 35 and 37) extending between the frame walls and through the boss (extending vertically in Fig. 3), wherein the pin opening extends along a boss axis (extending vertically through 35 in Fig. 3) and includes a first bore end (in first 21) and an axially opposing second bore end (in second 21), wherein a removal length is defined along the boss axis between a boss end (of 33) and the interior plate (including upper 43; see Fig. 3); and
a bushing (35); and
a pin (including 37 having 39 and without 41) configured to be received within the pin opening so that the pin extends through the boss and couples the boss to the frame (see Fig. 3), wherein the pin defines a pin axis (vertical axis in Fig. 3) and includes a first pin end (within 35), an axially opposing second pin end (including or at 39), and a cylindrical body (see Fig. 3), and wherein the cylindrical body is interrupted by a pin notch (exterior threads of 37 forming notches) and a retrieval surface (of 39) arranged at the second pin end, and wherein an axial pin length (of 37) defined between the first pin end and the second pin end is less than the removal length (see Fig. 3) so that as the pin is removed from the pin opening, the first pin end moves past the boss end prior to the second pin end engaging the interior plate (as the pin does not engage the interior plate).
Additionally, it is also noted that certain limitations of claim 8 (with respect to movement of the first pin end) only disclose functions performed by the claimed apparatus only under certain conditions (i.e., "as the pin is removed from the pin opening,") that are not always required when considered under the broadest reasonable interpretation standard (since the pin is not necessarily required to be removed as set forth in the conditional statement).
Miller is analogous because Miller discloses a three-point hitch for a tractor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the hitch of Woelfle with the pin means as taught by Miller for communication with grease. (See Miller, col. 4, lines 1-9.) Additionally, providing Woelfle with the pin means as taught by Miller is a simple substitution of one known element (i.e., the bushing and pin structure of Miller) for another (i.e., the pin of Woelfle) to obtain predictable results (i.e., support and pivoting as taught by Miller). See MPEP § 2143(I)(B).
Regarding claim 9, Woelfle discloses the pin (see annotated Fig. A, above) including a cylindrical body extending axially from the first pin end toward the second pin end. Further, Miller teaches the pin (including 37 having 39 and without 41) including a cylindrical body extending axially from the first pin end toward the second pin end (see Fig. 3).
Regarding claim 10, Woelfle discloses the cylindrical body (of the pin shown in annotated Fig. A, above) being interrupted by a pin notch (for a rod at an end of the pin) and a retrieval surface (a surface of the pin selected for gripping and/or retrieval) arranged at the second pin end. Further, Miller teaches the cylindrical body (of 37) being interrupted by a pin notch (exterior threads of 37 forming notches) and a retrieval surface (of 39) arranged at the second pin end.
Regarding claim 11, in view of the modification made in relation to claims 8-10, Miller teaches the retrieval surface (of 39) defining a height between the pin axis and the retrieval surface that is less than a radius defined by the cylindrical body (see Fig. 3) so that when the pin is inserted into the pin opening, a tool (such as a wrench or that including a socket) is configured to be inserted over the retrieval surface and remove the second pin end outwardly (see col. 3, lines 73-75).
Additionally, it is also noted that certain limitations of claim 11 (with respect to "a tool") only disclose functionality of the claimed apparatus with a tool (which is not part of the claimed apparatus) only under certain conditions (i.e., "when the pin is inserted into the pin opening and the second end of the pin is inserted past an axial end of the pin opening,") in an intended use of the apparatus that are not always required when considered under the broadest reasonable interpretation standard (since the pin is not necessarily required to be inserted as set forth in the conditional statement).
Regarding claims 12 and 13, in view of the modification made in relation to claim 8, Miller teaches the pin opening (receiving 35 and 37) defining an axial opening length between the first bore end (in first 21) and the second bore end (in second 21; see Fig. 3), and an axial pin length defined between the first pin end (of 37 within 35) and the second pin end (including or at 39) being less than the axial opening length (see Fig. 3).
Regarding claim 14, Woelfle discloses a three-point hitch (including 38 and 40) for a vehicle, comprising:
a frame including an inner frame wall (of first 46) and an outer frame wall (of second 46; see col. 5, lines 31-36);
a lift cylinder (including first 64; see annotated Fig. A, above) coupled to the frame and including a lift cylinder boss (at or of 64a of first 64; see annotated Fig. A, above), the inner frame wall including an inner frame cylindrical boss (as shown in annotated Fig. A, above, wherein the cylindrical boss shown has the shape of an elliptic cylinder) extending outwardly from the inner frame wall in a direction toward the lift cylinder boss, and the outer frame wall including an outer frame cylindrical boss (as shown in annotated Fig. A, above, wherein the inner and outer frame cylindrical bosses are of opposing walls 46) extending outwardly from the outer frame wall in a direction toward the lift cylinder boss, wherein the outer frame cylindrical boss, the inner frame cylindrical boss, and the lift cylinder boss are axially aligned along a boss axis (along the pin shown in annotated Fig. A, above) and combine to define a pin opening (which receives the pin shown in annotated Fig. A, above) that extends along the boss axis (along the pin shown in annotated Fig. A, above), and wherein the pin opening includes a first bore end (within the outer frame wall) and an axially opposing second bore end (within the inner frame wall); and
a pin (see annotated Fig. A, above) configured to be received within the pin opening so that the pin extends through the lift cylinder boss and couples the lift cylinder to the frame, wherein the pin defines a pin axis and includes a first pin end, an axially opposing second pin end, and a cylindrical body, and wherein the cylindrical body is interrupted by a pin notch (for a rod at an end of the pin) and a retrieval surface (a surface of the pin selected for gripping and/or retrieval) arranged at the second pin end.
Woelfle does not explicitly disclose the retrieval surface defining a height between the pin axis and the retrieval surface that is less than a radius defined by the cylindrical body as claimed. However, Miller teaches a three-point hitch (including 12 and 29) for a vehicle, comprising:
a frame including frame walls (including 21);
a boss (including 33);
a pin opening (receiving 35 and 37) extending between the frame walls and through the boss (extending vertically in Fig. 3), wherein the pin opening extends along a boss axis (extending vertically through 35 in Fig. 3) and includes a first bore end (in first 21) and an axially opposing second bore end (in second 21);
a bushing (35); and
a pin (including 37 having 39 and without 41) configured to be received within the pin opening so that the pin extends through the boss and couples the boss to the frame (see Fig. 3), wherein the pin defines a pin axis (vertical axis in Fig. 3) and includes a first pin end (within 35), an axially opposing second pin end (including or at 39), and a cylindrical body (see Fig. 3), and wherein the cylindrical body is interrupted by a pin notch (exterior threads of 37 forming notches) and a retrieval surface (of 39) arranged at the second pin end,
the retrieval surface defining a height between the pin axis and the retrieval surface that is less than a radius defined by the cylindrical body (see Fig. 3) so that when the pin is inserted into the pin opening, a tool (such as a wrench or that including a socket) is configured to be inserted over the retrieval surface and remove the second pin end outwardly (see col. 3, lines 73-75).
Additionally, it is also noted that certain limitations of claim 14 (with respect to "a tool") only disclose functionality of the claimed apparatus with a tool (which is not part of the claimed apparatus) only under certain conditions (i.e., "when the pin is inserted into the pin opening and the second end of the pin is inserted past the second bore end of the pin opening,") in an intended use of the apparatus that are not always required when considered under the broadest reasonable interpretation standard (since the pin is not necessarily required to be inserted as set forth in the conditional statement).
Miller is analogous because Miller discloses a three-point hitch for a tractor. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the hitch of Woelfle with the pin means as taught by Miller for communication with grease. (See Miller, col. 4, lines 1-9.) Additionally, providing Woelfle with the pin means as taught by Miller is a simple substitution of one known element (i.e., the bushing and pin structure of Miller) for another (i.e., the pin of Woelfle) to obtain predictable results (i.e., support and pivoting as taught by Miller). See MPEP § 2143(I)(B).
Regarding claims 15 and 16, in view of the modification made in relation to claim 14, Miller teaches the pin opening (receiving 35 and 37) defining an axial opening length between the first bore end (in first 21) and the second bore end (in second 21; see Fig. 3), and an axial pin length defined between the first pin end (of 37 within 35) and the second pin end (including or at 39) being less than the axial opening length (see Fig. 3).
Regarding claim 17, Woelfle discloses the frame including an interior plate (see annotated Fig. A, above) arranged axially inwardly along the boss axis from the inner frame wall.
Regarding claim 18, Woelfle discloses the lift cylinder boss (at or of 64a of first 64) including a first cylinder boss end and an axially opposing second cylinder boss end (including ends as shown in annotated Fig. A, above).
Regarding claim 19, Woelfle discloses a removal length being defined along the boss axis between the second cylinder boss end and the interior plate (such a length being defined between the structures as shown in annotated Fig. A, above).
Regarding claim 20, in view of the modification made in relation to claims 14 and 17-19, Miller teaches an axial pin length (of 37) defined between the first pin end and the second pin end (see Fig. 3) is less than a removal length (defined along the boss axis between a second boss end of 28 and an upper interior plate 43 in Fig. 3, which is interior to outer structure of the hitch) so that as the pin is removed from the pin opening, the first pin end moves past the second cylinder boss end prior to the second pin end engaging the interior plate (as the pin does not engage the interior plate).
Additionally, it is also noted that certain limitations of claim 19 (with respect to movement of the first pin end) only disclose functions performed by the claimed apparatus only under certain conditions (i.e., "as the pin is removed from the pin opening,") that are not always required when considered under the broadest reasonable interpretation standard (since the pin is not necessarily required to be removed as set forth in the conditional statement).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. Ishihara (US 3,596,947) shows a hitch having an axial pin length (of 3) that is less than an axial bore length (see Figs. 1, 3, 6, and 7).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Joel F. Mitchell whose telephone number is (571)272-7689. The examiner can normally be reached 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Sebesta can be reached at (571)272-0547. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JFM/12/27/25
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675