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 § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 16 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Bushek (US 9,862,298).
In re claim 1, Bushek discloses a gooseneck trailer (10) comprising: a trailer frame (14), a hybrid gooseneck trailer hitch tongue (15), and a coupling (as shown in annotated Figure 1); wherein the hybrid tongue is connected to the front of the trailer frame (as shown in Figure 1), extending upward from the trailer frame, then forward therefrom, and terminating at the coupling (as shown in Figure 1).
PNG
media_image1.png
392
613
media_image1.png
Greyscale
Examiner-annotated Figure 1
In re claim 2, Bushek further discloses wherein the hybrid tongue comprises at least one standard I-beam component and at least one engineered I-beam component (as shown in annotated Figure 1).
In re claim 3, Bushek further discloses wherein the tongue comprises a stanchion extending upward from the front of the trailer frame, and wherein the stanchion comprises a standard I-beam formed with a web and two flanges (as shown in annotated Figure 1).
In re claim 4, Bushek further discloses wherein the tongue comprises a neck extending forward from the stanchion and terminating at the coupling; wherein the neck comprises an engineered I-beam (as shown in annotated Figure 1).
In re claim 16, Bushek discloses a hybrid gooseneck trailer hitch tongue comprising: a pair of stanchions formed from standard I-beams; and a pair of necks formed from engineered I-beams (as shown in annotated Figure 1).
Allowable Subject Matter
Claims 5-15 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: The specific limitations of “wherein the tongue comprises two parallel and spaced apart stanchions extending upward from the front of the trailer frame and leaning forward at a predetermined stanchion angle, and wherein the stanchions each comprise a standard I-beam formed with a web and two flanges” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art all teaches vertical stanchions, not stanchions that lean forward at an angle with respect to the trailer to mount a gooseneck coupling. The Examiner notes that mounting the stanchions at a leaning angle would require significant redesign/engineering and added bracing to support the required weight of the trailer.
Claims 17-20 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: The specific limitations of “wherein the stanchions are parallel and spaced apart and are adapted to extend upward and lean forward from the front of a trailer frame at a predetermined angle” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art all teaches vertical stanchions, not stanchions that lean forward at an angle with respect to the trailer to mount a gooseneck coupling. The Examiner notes that mounting the stanchions at a leaning angle would require significant redesign/engineering and added bracing to support the required weight of the trailer.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references cited on the attached PTO-892 teach trailers of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael R Stabley whose telephone number is (571)270-3249. The examiner can normally be reached on M-F 9-5:30.
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 an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MICHAEL R STABLEY/Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611