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 .
Response to Arguments
Applicant's arguments filed 12/22/25 have been fully considered but they are not persuasive. Regarding claims 11 and 19, Applicant argues that ” elements 50 of Hungerink extend from a bottom surface toward an upper surface, while elements 24 extend through the entire thickness of the associated fifth wheel hitch plate. Further, none of the grooves 52 of Hungerink are equally spaced from at least three adjacent grooves to constitute the requirement of claim 11”, however, figure 5 in Hungerink shows that elements 50 are just on the fifth wheel body plates, wherein it can be said that elements 50 can either be seen as extending from the upper surface toward a bottom surface just as much as the elements can said to be extending from a bottom surface to an upper surface, wherein the plurality of reliefs 50 can also be said to be equally spaced from at least three adjacent reliefs of the plurality of reliefs, (see figure 13 as the reliefs 50 are just equally spaced from other 3 reliefs. The rejection of claim 11 is maintained and is repeated below.
Regarding claim 19, the plurality of reliefs 50 in Hungerink can be said to be closer to the bottom end of the support member 40.
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.
Claim 19 is 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.
The claim confusingly states “wherein the plurality of reliefs are closer at a bottom end thereof”. It is unclear whether the applicant is referring to the bottom end of the body portion, or the bottom end a different member. The Applicant is also reminded that a bottom surface of the body portion was already claimed, so it is unclear whether the bottom end is a different side of the bottom surface, as opposed to being a completely different member with a bottom end.
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) 11-21,23 and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hungerink (US 7036839, Hunger from now on).
Regarding claim 11, Hunger discloses a fifth wheel hitch plate (12) arrangement, comprising:
a mounting portion (22) configured to be coupled to a vehicle frame (frame of the tractor);
a kingpin throat (18) configured to receive a kingpin (Col. 1, line 16) of a towed vehicle (trailer) therein; and
a body portion (main body of the fifth wheel plate, see figure 1) supported by the mounting portion, the body portion including an upper surface (30, or upper surface of the fifth wheel plate, as seen in figure 1) configured to abut a mating surface (surface of the trailer surrounding the kingpin) of the towed vehicle, a bottom surface (see bottom surface of the fifth wheel plate, as seen in figure 2) opposite the upper surface, and a plurality of reliefs (52,50,24, apertures where the bolts 44a are bolted) extending from the upper surface toward the bottom surface (see figure 1,3 and 4), wherein the plurality of reliefs are closed at a bottom end thereof (see figure 3,4 and 13), and wherein the at least one of the plurality of reliefs is equally spaced from at least three adjacent reliefs of the plurality of reliefs (see figure 3 and 13).
Regarding claim 12, wherein the plurality of reliefs are equally spaced from one another in a lateral direction across the upper surface (see figures 3 and 13).
Regarding claims 13 and 15, wherein the plurality of reliefs are equally spaced and longitudinally offset from one another across the upper surface (see figure 3).
Regarding claim 14, wherein the plurality of reliefs are equally spaced from one another in a diagonal direction across the upper surface (see figure 3).
Regarding claim 16, wherein at least one of the reliefs of the plurality of reliefs has a circularly-shaped cross-sectional configuration (see figures 3 and 13).
Regarding claim 17, wherein a first relief (50, see figure 7 and figure 10) of the plurality of reliefs extends from the upper surface to a first depth (see depth of upside down bubble to the left of member 46 in figure 10), and wherein a second relief (24, see figure 9) of the plurality of reliefs extends from the upper surface to a second depth that is different than the first depth (see figures 9 and 10).
Regarding claim 18, wherein the body portion includes a fifth wheel plate member (see figure 1) and a wear plate member (30) that is separate from the fifth wheel plate member (see figures 3 and 4), and wherein the wear plate member includes the plurality of reliefs (see figure 3)
Regarding claim 19, Hunger discloses a fifth wheel hitch plate (12) arrangement, comprising:
a mounting portion (22) configured to be coupled to a vehicle frame (frame of the tractor);
a kingpin throat (18) configured to receive a kingpin (Col. 1, line 16) of a towed vehicle (trailer) therein; and
a body portion (main body of the fifth wheel plate, see figure 1) supported by the mounting portion, the body portion including an upper surface (30, or upper surface of the fifth wheel plate, as seen in figure 1) configured to abut a mating surface (surface of the trailer surrounding the kingpin) of the towed vehicle, a bottom surface (see bottom surface of the fifth wheel plate, as seen in figure 2) opposite the upper surface, and a plurality of reliefs (52,50,24, apertures where the bolts 44a are bolted) extending from the upper surface toward the bottom surface (see figure 1,3 and 4), wherein the plurality of reliefs are closed at a bottom end of member (40), wherein the plurality of reliefs are spaced in concentric circles around the throat (see figures 1 and 3).
Regarding claim 20, wherein a center of each of the concentric circles are configured to be located proximate a pivot point of a kingpin when the kingpin is fully received within the kingpin throat (18, see figures 1 and 3).
Regarding claim 21, wherein the plurality of reliefs are closed at a bottom end of the fifth wheel body portion (see figure 3 and 13).
Regarding claim 23, wherein a first relief (50, see figure 7 and figure 10) of the plurality of reliefs extends from the upper surface to a first depth (see depth of upside down bubble to the left of member 46 in figure 10), and wherein a second relief (24, see figure 9) of the plurality of reliefs extends from the upper surface to a second depth that is different than the first depth (see figures 9 and 10).
Regarding claim 24, wherein the body portion includes a fifth wheel plate member and a wear plate member that is separate from the fifth wheel plate member, and wherein the wear plate member the plurality of reliefs (see figure 3).
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.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hungerink (US 7036839, Hunger from now on). Hunger does not mention that the plurality of reliefs have an specific shape, instead the plurality of reliefs are shown as circular. However, in e of ordinary skill in the art before the effective filing date of the current invention would have found it obvious to have multiple variants of reliefs, wherein some of them can be hexagonal, some oval, or diamond shaped and some of them can be pentagons, wherein multiple variants can serve as different ways to collect or distribute lubricant onto the fifth wheel contact area. Additionally having multiple variants for the reliefs can be seen as known work in one field of endeavor which may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art.
Allowable Subject Matter
Claims 1-8 and 10 are allowed.
Regarding claim 1, the art of record did not include “wherein the plurality of reliefs are closed at a bottom end thereof” wherein the plurality of reliefs are part of the body portion and the body portion is part of the wear plate member, additionally the body portion also include a bottom surface and an upper surface and the plurality of reliefs are part of the body portion and therefore the wear plate member.
In contrast Hungerink (US 7036839) does not show a the plurality of reliefs (50,52,24) being part of a wear plate alone, instead reliefs (50) are part of a support member (40, see figure 7 in Hungerink).
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 Marlon A Arce whose telephone number is (571)272-1341. The examiner can normally be reached 8AM - 4:30PM.
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/MARLON A ARCE/Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611