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
37 CFR 1.84(a)(1) and (b)(1) define the standards for black and white drawings and photographs as follows:
(a) Drawings. There are two acceptable categories for presenting drawings in utility and design patent applications.
(1) Black ink. Black and white drawings are normally required. India ink, or its equivalent that secures solid black lines, must be used for drawings; or
(b) Photographs.—
(1) Black and white. Photographs, including photocopies of photographs, are not ordinarily permitted in utility and design patent applications. The Office will accept photographs in utility and design patent applications, however, if photographs are the only practicable medium for illustrating the claimed invention. For example, photographs or photomicrographs of: electrophoresis gels, blots (e.g., immunological, western, Southern, and northern), autoradiographs, cell cultures (stained and unstained), histological tissue cross sections (stained and unstained), animals, plants, in vivo imaging, thin layer chromatography plates, crystalline structures, and, in a design patent application, ornamental effects, are acceptable. If the subject matter of the application admits of illustration by a drawing, the examiner may require a drawing in place of the photograph. The photographs must be of sufficient quality so that all details in the photographs are reproducible in the printed patent.
The drawings are objected to because they are not presented as clear line drawings. The drawings use an excessive amount of shading that obscures the lines and makes details unclear. 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 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 2-20 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.
In claim 2, last 2 lines, the terms “the former” and “the latter” lack clear antecedent basis in the claims and it is not entirely clear what structure is being referenced.
In claim 3, line 2, and throughout the claims, applicant uses the terms “member or element” and “member/element”. However, it is not clear what distinction applicant intends between these alternative terms. In applicant’s detailed disclosure, the terms are used interchangeably and no explanation is provided as to how the terms differ is scope. In the claims, the use of these alternative terms creates an ambiguity as to what is meant but does not necessarily provide the applicant with broader scope because the terms refer to the exact same structure in the specification. Clarification is required.
In claim 3, line 3, “a tow ball” should be -the tow ball- because the term was used earlier in the claim.
In claim 4, lines 9-10, “a said opening” is unclear. It should be either “an opening” or “said opening”. In line 10, “a neck” should be -the neck-, to avoid double inclusion of the term, because the term was previously used in the independent claims.
Throughout the claims applicant recites multiple alternative structures in a way that renders the claims indefinite. In claim 5, for example, applicant claims dependency from claims 1 or 2; it claims the assembly or member or element; it claims “an/the opening”; and it claims “and/or wherein the peripheral portion of the assembly of the at least one member/element” defines the opening. It is unclear which of these limitations are required for the claimed combination and which are alternative structures. It is also unclear which options are usable together. Clarification is required,
In claim 5/2, line 3, “said rotational axis” lacks clear antecedent basis in claim 2.
In claim 7, line 4, it is not entirely clear to what the “thereof” refers.
In claim 8, line 4, “and/or” does not appear to be appropriate in that the term “and” would create a double inclusion of the limitations that follow. In line 6, “thereto” is unclear.
In claim 11, line 2, “such as…” renders the structure that follows indefinite because it is not clear if that structure is required. In line 3, in the phrase “of which it is comprised” it is not clear to what “it” refers.
In claim 11/2, lines 4-5, the rotational axis lacks antecedent basis in claim 2.
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.
Claim(s) 1-6, 8-10, 13, and 15-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Marler (USPN 3,658,363).
Regarding claim 1, Marler teaches a ball coupling device comprising a socket assembly 20, 21, configured to assume an operative condition (Figure 3) in which it defines a socket to capture a tow ball 30 such that there is formed a sliding fit, permitting relative rotation, between the tow ball 30 and socket or assembly 20, 21, and to assume an inoperative condition (Figure 5) whereby the tow ball and assembly can be decoupled, the assembly being configured to define in the operative condition an opening (opening defined by the lower edges of the socket members 20, 21), disposed about a neck 33 via which the tow ball is supported, having a width, parallel to a rotational axis extending centrally through the tow ball and perpendicular to a central axis of the tow ball that extends top-to-bottom therethrough, sufficient that the neck passes through the opening (see Figure 3), and a length sufficient to permit relative displacement between the neck and assembly and thus relative rotation between the tow ball and the assembly or device about said rotational axis (ball 30 and socket 20, 21, form a universal joint that allow rotation about at least one axis; applicant’s claims do not limit the rotation for only one axis of rotation).
Regarding claim 2, Marler teaches a ball coupling device comprising a socket assembly 20, 21, configured to assume an operative condition (Figure 3) in which it defines a socket 20, 21, to capture a tow ball 30 such that there is formed a sliding fit, permitting relative rotation, between the tow ball 30 and socket or assembly 20, 21, and to assume an inoperative condition (Figure 5) whereby the tow ball and assembly can be decoupled, the assembly being configured so as to be, in the operative condition, engageable with the tow ball 30 at a region between an equator of the tow ball and a neck 33 via which the tow ball is supported, precluding relative translation between the assembly and tow ball along a central axis such that they cannot be decoupled, and so as to be, in the inoperative condition (Figure 5), not engageable with the tow ball at said region, permitting said relative translation such that movement of the device or assembly relative to the tow ball, to separate the former from the latter, along the central axis is unobstructed by the device.
Regarding claim 3, the socket assembly 20, 21, of Marler comprises at least one member or element 20, 21, ("member/element") adapted to engage in said operative condition a respective one of convex portions of a tow ball arranged about said central axis (see Figure 3).
Regarding claim 4, Marler teaches members or elements 20, 21, shaped to define concavities complementary in profile to respective convex portions of said tow ball (see Figures 1-5) arranged about said central axis and extending top-to-bottom therethrough, the members or elements 20, 21, ("members/elements") being adapted to assume an operative condition (Figure 3) in which the concavities are arranged to engage said portions whereby the tow ball 30 is captured thereby such that there is formed a sliding fit, permitting relative rotation about the central axis, between the members/elements and tow ball, and to assume an inoperative condition (Figure 5) whereby the tow ball and the members/elements or device can be decoupled, wherein the members/elements are configured to define in the operative condition a said opening, disposed about a neck 33 via which the tow ball is supported, having a width, parallel to a rotational axis extending centrally through the tow ball and perpendicular to said central axis, sufficient that the neck passes therethrough, and a length sufficient to permit relative displacement between the neck and members/elements therealong and thus relative rotation between the tow ball and the members/elements or device about the rotational axis.
Regarding claim 5, the assembly 20, 21, or at least one member or element of which it is comprised, is configured such that lengthways extension of an/the opening disposed about the neck is circumferential about said rotational axis, and/or wherein peripheral portions of the assembly or at least one member/element arranged to define an/the opening disposed about the neck are profiled to extend circumferentially about said rotational axis when the operative condition is assumed (Figure 3).
Regarding claim 6, Marler teaches said assembly, or at least one member or element of which it is comprised, comprises or defines jaws 20, 21, members/elements defining clasp members or elements, or opposed members or elements.
Regarding claim 8, Marler teaches that the socket assembly 20, 21, comprises a support 10 and at least one member or element 20, 21, mounted to the support to be moveable relative thereto, to assume said operative (Figure 3) and inoperative (Figure 5) conditions; and/or the device comprises a support 10 to which said at least one member or element is mounted to be moveable relative thereto, to assume the operative and inoperative conditions.
Regarding claim 9, Marler teaches that the assembly 20, 21, or at least one member/element of which it is comprised, comprises clasp or wall portions (internal walls) in which are formed concavities complementary in profile to respective convex portions of the tow ball 30 (see Figures 2 and 3) arranged to engage said convex portions when in the operative condition, the device being configured to define, when the assembly or at least one member/element is in the operative condition, an enclosure to enclose the tow ball, the enclosure comprising said clasp or wall portions.
Regarding claim 10, Marler teaches that the clasp or wall portions comprise side wall portions and the concavities comprise side concavities which open through inner faces of said side wall portions arranged to lie in opposed relation in the operative condition, and wherein the wall portions comprise end wall portions which extend transverse to the side wall portions, and the concavities comprise end concavities which open through inner faces of the end wall portions (see Figure 5).
Regarding claim 13, Marler teaches a universal joint that at least includes a rotational axis being a laterally extending axis.
Regarding claim 15, Marler teaches a ball coupling device comprising a socket assembly 20, 21, or at least one member or element ("member/element") configured to assume an operative condition (Figure 3) in which the socket assembly defines a socket configured to capture a tow ball 30 or the member(s)/element(s) is/are arranged to lie closely adjacent said tow ball whereby the tow ball is captured by the device such that there is formed a sliding fit, permitting relative rotation, between the tow ball and socket or assembly or member(s)/element(s), and an inoperative condition (Figure 5) whereby the tow ball is not captured by the assembly or which is such that the tow ball is not captured by the assembly, the device including or further comprising either or each of: a cover 36 moveable between an operative position (Figure 3) in which it covers said assembly 20, 21, or member(s)/element(s) in the operative condition, and an inoperative position (Figures 4 and 5) permitting the socket assembly to assume the inoperative condition or whereby the member(s)/element(s) is/are permitted to move such that the inoperative condition is assumed; and at least one retainer 41 placeable into an engaged condition (Figure 3) in which the at least one retainer holds the socket assembly or member(s)/element(s) in the operative condition, and a disengaged condition (Figure 4) permitting the socket assembly to assume the inoperative condition.
Regarding claim 16, the cover 36 comprises a housing arranged so as to house the element(s)/member(s) or the assembly 20, 21, in the operative condition (Figure 3).
Regarding claim 17, Marler teaches the cover 36 is configured such that in the operative position it engages or abuts the assembly 20, 21, or at least one element/member to retain the element(s)/member(s)/socket in the operative condition.
Regarding claim 18, Marler teaches a locking mechanism 41 operable to lock the retainer(s) in the engaged condition or the cover in the operative position (Figure 3) and releasable so as not to preclude the disengaged condition or inoperative position from being assumed.
Claim(s) 1-10 and 13-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Linn (USPN 2,874,976).
Regarding claim 1, Linn teaches a ball coupling device (Figure 1) comprising a socket assembly 16, 17, configured to assume an operative condition (Figure 1) in which it defines a socket 18, 19, to capture a tow ball 6 such that there is formed a sliding fit, permitting relative rotation, between the tow ball and socket or assembly, and to assume an inoperative condition (Figure 3) whereby the tow ball and assembly can be decoupled, the assembly being configured to define in the operative condition an opening (lower end of socket), disposed about a neck 23 (see Figure 1) via which the tow ball is supported, having a width, parallel to a rotational axis extending centrally through the tow ball and perpendicular to a central axis of the tow ball that extends top-to-bottom therethrough, sufficient that the neck passes through the opening, and a length sufficient to permit relative displacement between the neck and assembly and thus relative rotation between the tow ball and the assembly or device about said rotational axis.
Regarding claim 2, Linn teaches a ball coupling device (Figures 1-3) comprising a socket assembly 16, 17, configured to assume an operative condition (Figure 1) in which it defines a socket 18, 19, to capture a tow ball 6 such that there is formed a sliding fit, permitting relative rotation, between the tow ball and socket or assembly, and to assume an inoperative condition (Figure 3) whereby the tow ball and assembly can be decoupled, the assembly being configured so as to be, in the operative condition, engageable with the tow ball at a region between an equator of the tow ball and a neck via which the tow ball is supported, precluding relative translation between the assembly and tow ball along a central axis such that they cannot be decoupled, and so as to be, in the inoperative condition, not engageable with the tow ball at said region, permitting said relative translation such that movement of the device or assembly relative to the tow ball, to separate the former from the latter, along the central axis is unobstructed by the device (Figure 3 shows the ball 6 being inserted vertically into 16, 17).
Regarding claim 3, the socket assembly comprises at least one member or element 16, 17, ("member/element") adapted to engage in said operative condition (Figure 1) a respective one of convex portions of a tow ball 6 arranged about said central axis.
Regarding claim 4, Linn teaches members or elements 16, 17, shaped to define concavities complementary in profile to respective convex portions of said tow ball arranged about said central axis and extending top-to-bottom therethrough, the members or elements ("members/elements") being adapted to assume an operative condition (Figure 1) in which the concavities are arranged to engage said portions whereby the tow ball 6 is captured thereby such that there is formed a sliding fit, permitting relative rotation about the central axis, between the members/elements and tow ball, and to assume an inoperative condition (Figure 3) whereby the tow ball and the members/elements or device can be decoupled, wherein the members/elements are configured to define in the operative condition a said opening, disposed about a neck via which the tow ball is supported, having a width, parallel to a rotational axis extending centrally through the tow ball and perpendicular to said central axis, sufficient that the neck passes therethrough, and a length sufficient to permit relative displacement between the neck and members/elements therealong and thus relative rotation between the tow ball and the members/elements or device about the rotational axis.
Regarding claim 5, Linn teaches said assembly, or at least one member or element of which it is comprised, is configured such that lengthways extension of an/the opening disposed about the neck is circumferential about said rotational axis (Figure 1), and/or wherein peripheral portions of the assembly or at least one member/element arranged to define an/the opening disposed about the neck 23 are profiled to extend circumferentially about said rotational axis when the operative condition is assumed.
Regarding claim 6, Linn teaches the assembly, or at least one member or element of which it is comprised, comprises or defines jaws, members/elements defining clasp members or elements, or opposed members or elements 16, 17.
Regarding claim 7, Linn teaches that the assembly, or at least one member or element of which it is comprised, comprises a member/element 16, 17, that is pivotally moveable, to assume the inoperative and operative conditions, at least one member/element being arranged to pivot about an upper end thereof (spring 31 provides a pivotal connection at the upper ends of members 16, 17; see Figure 3 and col. 2, lines 60-62).
Regarding claim 8, the socket assembly comprises a support 11, 12, 31, and at least one member or element mounted to the support to be moveable relative thereto, to assume said operative and inoperative conditions; and/or the device comprises a support to which said at least one member or element is mounted to be moveable relative thereto, to assume the operative and inoperative conditions.
Regarding claim 9, Linn teaches the assembly, or at least one member/element of which it is comprised, comprises clasp or wall portions 18, 19, in which are formed concavities complementary in profile to respective convex portions of the tow ball 6 (see Figure 1 and 3) arranged to engage said convex portions when in the operative condition, the device being configured to define, when the assembly or at least one member/element is in the operative condition, an enclosure to enclose the tow ball, the enclosure comprising said clasp or wall portions.
Regarding claim 10, the clasp or wall portions 18, 19, comprise side wall portions and the concavities comprise side concavities which open through inner faces of said side wall portions arranged to lie in opposed relation in the operative condition, and wherein the wall portions comprise end wall portions which extend transverse to the side wall portions, and the concavities comprise end concavities which open through inner faces of the end wall portions.
Regarding claim 13, Linn teaches a universal joint that at least includes a rotational axis being a laterally extending axis.
Regarding claim 14, Linn teaches the assembly or at least one member or element of which it is comprised is resiliently biased towards said inoperative condition (spring 31 biases the socket members 16, 17, toward the inoperative position shown in Figure 3).
Regarding claim 15, Linn teaches a ball coupling device comprising a socket assembly 16, 17, or at least one member or element ("member/element") configured to assume an operative condition (Figure 1) in which the socket assembly defines a socket 18, 19, configured to capture a tow ball 6 or the member(s)/element(s) is/are arranged to lie closely adjacent said tow ball whereby the tow ball is captured by the device such that there is formed a sliding fit, permitting relative rotation, between the tow ball and socket or assembly or member(s)/element(s), and an inoperative condition (Figure 3) whereby the tow ball is not captured by the assembly or which is such that the tow ball is not captured by the assembly, the device including or further comprising either or each of: a cover 24 moveable between an operative position (Figure 1) in which it covers said assembly 16, 17, or member(s)/element(s) in the operative condition, and an inoperative position (Figure 3) permitting the socket assembly to assume the inoperative condition or whereby the member(s)/element(s) is/are permitted to move such that the inoperative condition is assumed; and at least one retainer 58 placeable into an engaged condition (Figure 1) in which the at least one retainer holds the socket assembly or member(s)/element(s) in the operative condition, and a disengaged condition (Figure 3) permitting the socket assembly to assume the inoperative condition.
Regarding claim 16, Linn teaches the cover 24 comprises a housing arranged so as to house the element(s)/member(s) or the assembly in the operative condition (Figure 1).
Regarding claim 17, the cover 24 is configured such that in the operative position (Figure 1) it engages or abuts the assembly 16, 17, or at least one element/member to retain the element(s)/member(s)/socket in the operative condition.
Regarding claim 18, Linn teaches a locking mechanism 64 operable to lock the retainer(s) 58 in the engaged condition or the cover 24 in the operative position and releasable so as not to preclude the disengaged condition or inoperative position from being assumed.
Regarding claim 19, Linn teaches a latch 64 moveable between a locking position (Figure 1) in which it is arranged to act between the retainer(s) or cover and the assembly or member(s)/element(s), to lock the retainer(s) in the engaged condition or the cover in the operative position, and a released position (Figure 3) in which it is arranged not to preclude the retainer(s) from assuming a said disengaged condition or the cover from assuming a said inoperative position.
Regarding claim 20, Linn teaches a portion 78 engageable by the latch 64, the engageable portion being interconnected with and/or defined by one of the cover 24 or at least one retainer and the assembly/at least one member/element, wherein the latch is moveably coupled to or supported from the other of the cover or at least one retainer and the assembly/at least one member/element to be moveable, relative to said other, between position in which the latch engages the engageable portion, being said locking position (Figure 1), and a position in which the latch is disengaged from the engageable portion, being said released position (Figure 3), as broadly recited.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Marler in view of Allsop (PGPub 2011/0309600).
Regarding claim 11, Marler teaches a mounting structure 10 via which it is securable to a load to be towed, such as a trailer, caravan or other vehicle (trailers). However, it lacks the assembly or at least one member or element of which it is comprised being rotatable relative to the mounting structure about an axis of rotation perpendicular to said central and rotational axes, and wherein the assembly or at least one member/element is coupled to the mounting structure via a support, to which one or more members/elements are moveably mounted, the support being supported from the mounting structure such that it is rotatable relative thereto about said axis of rotation, the device including a shaft to which the support is connected and which is rotatably mounted to said mounting structure.
Allsop teaches a coupling device comprising a socket assembly 15 being rotatable relative to a mounting structure 41 about a longitudinal axis of rotation and wherein the assembly or at least one member/element 17 is coupled to the mounting structure 41 via a support 30, to which one or more members/elements are moveably mounted, the support being supported from the mounting structure such that it is rotatable relative thereto about said axis of rotation longitudinal axis , the device including a shaft 39 (see Figure 1) to which the support 30 is connected and which is rotatably mounted to said mounting structure 41.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to mount the coupling device of Marler to the trailer by way of a support and shaft that allows for pivotal movement about a longitudinal axis, as taught by Allsop, with a reasonable expectation of success, in order to provide added flexibility in the coupling arrangement.
Regarding claim 12, the shaft 39 and support of 30 of Allsop are integrally formed as a single piece.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Hahne ‘919 and ‘735 and Luke teach ball hitch devices having limited pivotal movement.
Putman, Drake, and Albritton teach ball hitch devices.
Peters, Wing, Hollis, Lambros, Dahlenburg, and Farr teach ball hitch devices having a pair of jaws and a cover that locks the jaws in their operational position.
Heitzmann teaches a ball hitch coupler mounted to a trailer via a longitudinal pivot.
Wang and Brock show ball coupling devices having members that pivot about their upper ends.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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 at 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.
/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/