DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after May 19, 2022, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
Claim 1 is objected to because of the following informalities:
In claims 3, 4 and 15: “both the hitch coupler” should read “both the hitch couplers.”
In claims 1, 5, 13 and 18: “at least one of the hitch coupler” should read “at least one of the hitch couplers.”
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.
Claims 1-20 are rejected under 35 U.S.C. 112(b), 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 and 13 recites: “at least one of the hitch the art cannot determine with reasonable certainty whether the claims intend to cover restriction of the hitch couple alone, the couple bracket alone, or both. To resolve this ambiguity or for the compact prosecution, it is recommended to recite “the hitch coupler,” “the couple bracket,” or “the hitch coupler and/or the coupler bracket,” consistent with the singular embodiment disclosed in the specification.
Claim 3 recites: “the both the hitch
Any claim not specifically addressed under §112(b) is rejected as being dependent on a claim rejected under §112(b).
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claims 1-9 and 13-17 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Miller et al. (US Pub. 2019/0299728 A1; hereinafter, “Miller”).
Regarding claim 1, Miller discloses: a trailer coupler assembly (10, fig. 1-2 and [0012]) comprising: a hitch coupler (12, fig. 1);
a coupler bracket (draw bar 14, [0014]);
a trailer assembly (fig. 1);
a first pivot connection (48, fig. 2) pivotably connecting the hitch coupler (12) to the coupler bracket (via 16A, fig. 2), such that the hitch coupler (12) can rotate about a lateral axis relative to the coupler bracket (14) [para. 0014 discloses that the first drawbar aperture (a first pivot connection) 48 cooperates to define a first lateral drawbar passageway through the drawbar 14];
a second pivot connection (50, fig. 2) pivotably connecting (via 16B) the coupler bracket (14) to the trailer assembly (10), such the coupler bracket (14) can rotate about a fore-and-aft axis [claim 8 discloses that the first and second flexible and resilient annular bushings allows the coupler to move both translationally and pivotally [note that: this act is equivalent to reference to the fore-aft axis] with respect to the couple bracket 14]; and
a lock out member (A, annotated fig. 2 below) movable between a first position disengaged from the hitch coupler (via compression and decompression of flexible and resilient bushing via lock out member A, annotated fig. [claim 7]) and the coupler bracket (14) and a second position restricting rotation of at least one of the hitch couplers about the lateral axis or the coupler bracket (14) about the fore-and-aft axis [claim 7 discloses “ compression and decompression of the bushing; note that: this is achieve by hitch locking and unlocking mechanism as depicted in fig. 2].
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Annotated fig. 2 of Miller
Regarding claim 2, Miller further discloses that the hitch coupler comprises a ball coupler [ para. 0013 teaches that the trailer coupler 12 is a conventional, ball-type trailer coupler; thus, the hitch coupler comprises a ball coupler.]
Regarding claim 3, the trailer coupler (10) wherein lock out member (A, annotated fig. 2 above) restricts (via compression and decompression of the flexible and resilient annular bushing, [claim 7]) rotation of the both the hitch
Regarding claim 4, Miller further discloses that the hitch coupler (12) defines a first aperture (32, fig. 2), the coupler bracket (14) defines a second aperture (34 or 38, fig. 2), and the lock out member (A, annotated fig. 2 above) extends through (via top plate 22, fig. 2) the second aperture (34) and into the first aperture (32) in the second position (position of fig. 1) to restrict rotation (via compression and decompression of annular bushing, [claim 7]) of both the hitch coupler (12) and the coupler bracket (14).
Regarding claim 5, Miller further teaches that the lock out member (A) comprises a lock bar (B, annotated fig. 2 above) configured to be movable along the fore-and-aft axis; and the at least one of the hitch
Regarding claim 6, Miller further teaches that the coupler bracket (14) includes a rear wall (40, fig. 2) and side walls (44 and 46, [0014]), and the hitch coupler (12) is pivotably coupled (via 17A, fig. 2) to the side walls (44 and 46) of the coupler bracket (14) by shafts (first pin 20A, [0012]) to form the first pivot connection [para. 0012 discloses that the first pin (shaft) 20A disposed withing the bushing and respective aperture in the coupler; thus, forming the first pivot connection.]
Regarding claim 7, Miller further teaches that the hitch coupler (12) comprises a hood portion (“ball-receiving portion” 28; [0013]); and the shafts (17A and 17B) extend laterally outwardly (fig. 1 at 20A and 20 B locations where shafts are positioned and extended laterally outwardly) from the hood portion (28).
Regarding claim 8, Miller further teaches that the coupler bracket (14) includes a rear wall (40) defining an opening (interior space 30, fig. 2 and [0013]) therein, and the trailer assembly (10) includes a rod member (17B) pivotably received (via sleeve 16B) within the opening (30, fig. 1) of the rear wall (40) to form the second pivot connection (20B, fig. 1; [para. 0012 teaches that the second pin (shaft) 20B disposed withing the bushing and respective aperture in the coupler; thus, forming the second pivot connection.])
Regarding claim 9, Miller further teaches that a securing mechanism (C, annotated fig. 2 above) coupled to the lock out member (A) and configured to hold (fig. 2) the lock out member (A) in the first or second position (compression and decompression states as disclosed by claim 7).
Regarding claim 13, Miller further teaches that a method for operating a trailer coupler assembly (10) including a hitch coupler (12, fig. 1), a coupler bracket (14, [0014]), a trailer assembly (fig. 1), a first pivot connection (48, fig. 2) between the hitch coupler (12) and the coupler bracket (14) allowing the hitch coupler to pivot about THE[para. 0014 discloses that the first drawbar aperture (a first pivot connection) 48 cooperates to define a first lateral drawbar passageway through the drawbar 14], and a second pivot connection (50, fig. 2) between the coupler bracket (14) and the trailer assembly (fig. 1) allowing the coupler bracket (14) to pivot about a fore-and-aft axis [claim 8 discloses that the first and second flexible and resilient annular bushings allows the coupler to move both translationally and pivotally [note that: this act of translationally and pivotally is equivalent to – with reference to the fore-aft axis], the method comprising: moving a lock out member (A, annotated fig. 2 above) coupled to the trailer assembly (10) from a first, disengaged position to a second position (via compression and decompression) engaging at least one of the hitch coupler (12) or the coupler bracket (14) to thereby restrict rotation of the hitch coupler (while compression, [claim 7]) about the first pivot connection (48) or the coupler bracket (14) about the second pivot connection (50); and
coupling the hitch coupler (12) to a hitch of a towing vehicle (fig. 1) [‘Abstract’ teaches that the coupler bracket and the coupler are configured to absorb shock and vibration imparted to the coupler bracket and the coupler while the trailer is towed; thus, coupling the hitch coupler to a hitch of a towing vehicle.]
Regarding claim 14, Miller further teaches that moving the lock out member (A, annotated fig. 2 above) to the first, disengaged position (via decompression, [claim 7]) to allow free rotation (via resilient bushing, [claim 7]) of the hitch coupler (12) about the first pivot connection (48) and the coupler bracket (14) about the second pivot connection (50). See fig. 2 and claims 7-8.
Regarding claim 15, Miller further teaches that moving the lock out member (A) from the first, disengaged position to the second position (via decompression, [claim 7]) comprises engaging both of the hitch coupler (12) and the coupler bracket (14) to thereby restrict rotation (via compression and decompression of the flexible and resilient annular bushing, [claim 7]) of both the hitch couplers (12, see 112b rejection above) about the first pivot connection (48) and the coupler bracket (14) about the second pivot connection (50).
Regarding claim 16, Miller further teaches that moving the lock out member (A) from the first, disengaged position to the second position comprises engaging only the hitch coupler with the lock out member (via 16A and 16B, fig. 2), allowing the coupler bracket (14) to at least partially rotate about the fore-and-aft axis [claim 8 discloses that the first and second flexible and resilient annular bushings allows the coupler to move both translationally and pivotally [note that: this act of translationally and pivotally is equivalent with reference to the fore-aft axis; thus, at least partially rotate about the fore-and-aft axis].
Regarding claim 17, Miller further teaches that moving the lock out member from the first, disengaged position to the second position (via compression and decompression) comprises engaging only the coupler bracket (14) with the lock out member (A), allowing the hitch coupler (12) to at least partially rotate about the lateral axis (axis at 16A) [ It should be noted that, even during decompression, or when the lock out member is in the disengaged position, some engagement remains between the coupler bracket and the lock out member. This engagement persists unless the hitch ball is completely removed from the hitch coupler, such as second position, in which case the coupler bracket is free to rotate about the for-and-aft axis as recited in in the prior art, such as “translationally and pivotally” [claim 7]].
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4.Considering objective evidence present in the application indicating obviousness or nonobviousness.
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.
Claims 10-12 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Miller in view of Garcia (US 20180333999 A1).
Regarding claim 10, Miller further teaches the securing mechanism, but fails to teach that a threaded fastener configured to frictionally hold the lock out member in the first or second position; however,
Garcia in another coupler lock device similar to Miller teaches that a threaded fastener (“threaded bolt” 29, fig. 5) configured to frictionally hold (“secure”; [0023]) the lock out member (coupler lock device 10, fig. 1A; [0028]) in the first or second position (retention position). See [para. 0023].
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have a threaded fastener, such as bolt, configured to frictionally hold the lock out member in the first or second position, such as retention position as taught by Garcia into the invention of Miller in order to advantageously provide frictional retention of mechanical members in adjustable position. The substitution of a threaded fastener for other securing means represents the use of a known mechanical element equivalent to achieve the same function of holding the lock-out member in place, and therefore does not involve inventive step.
Regarding claim 11, Miller further teaches the lock out member but fails to teach a stop configured to stop movement of the lock out member in the first and second positions as the lock out member is moved along the fore-and-aft axis; however,
Garcia teaches that a stop (clamp 25) configured to stop movement of the lock out member (10) in the first and second positions (retention and release position, [0023]) as the lock out member (10) is moved along the fore-and-aft axis (see annotated fig. 1B of Garcia below).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have a threaded fastener, such as bolt, configured to frictionally hold the lock out member in the first or second position, such as retention position as taught by Garcia into the invention of Miller in order to advantageously provide frictional retention of mechanical members in adjustable position. The substitution of a threaded fastener for other securing means represents the use of a known mechanical element equivalent to achieve the same function of holding the lock-out member in place, and therefore does not involve inventive step.
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Annotated fig. 1B of Garcia
Regarding claim 12, Miller as modified above further teaches the trailer assembly, but fails to teach the remaining limitations; however,
Garcia teaches that the first and second lock out holders (D and E, annotated fig. 2 of Garcia below), each of the lock out holders including laterally spaced posts (F/F') and a cross-bar (G) extending between the posts (F/F'); and the stop (25) of the lock out member (10) abutting (fig. page 1) the one of the posts (F/F') in the first and second positions (retention and release positions).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide lock-out holders with laterally spaced posts and a cross-bars and the stop of the lock out member abutting the one of the posts in retention and release position as taught by Garcia into the invention of Miller in order to advantageously provide predictable design choice in the mechanical arts. The cited reference collectively teaches lock-out mechanisms and stop features, and their combination represents the routing application of known structural elements to achieve the expected result of restricting movement of a lock-out member. Accordingly, claim 12 does not involve an inventive step but instead constitutes an obvious variation of the prior arts.
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Annotated fig. 2 of Garcia
Regarding claim 18, Miller further teaches that the at least one of the hitch
Garcia teaches that the coupler bracket defines an aperture (rear opening 12, fig. page 1); and fails to teach that moving the lock out member (socket 24 and clamp 25 of locking device 10) from the first, disengaged position to the second position (position at fig. 1B where 24 and 25 positioned at first disengaged position to the second position) comprises sliding the lock out member along the fore-and-aft axis into the aperture (see annotated fig. 1B of Garcia above).
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to slide a lock-out member along a fore-and-aft axis and into an aperture as taught by Garcia into the invention of Miller with a reasonable expectation of success in order to advantageously optimize trailer coupler assembly design so that the hitch ball is secured within the coupler socket in the retention position through the aperture [ para. 0006 of Garcia]. The claim feature represents the predictable use of known engagement structures to achieve the expected result of securing or restricting rotation.
Regarding claim 19, Miller does not explicitly teach that moving the lock out member from the first, disengaged position to the second position further comprises moving the lock out member until a stop of the lock out member prevents further movement of the lock out member; however,
Garcia teaches that moving the lock out member (10) from the first, disengaged position to the second position (retention and release position, [0023]) further comprises moving the lock out member (10) until a stop (clamp 25) of the lock out member (10) prevents further movement of the lock out member (10; [para. 0023 teaches that in this retention position, as shown in fig. lA, the ball clamp cooperates with the coupler socket 24 to prevent removal of the hitch ball 22 from the coupler socket 24; thus, moving the lock out member until a stop of the lock out member prevents further movement of the lock out member.])
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have the modified Miller to incorporate the teaching of Garcia and provide a stop that prevents further movement of a lock-out member, since mechanical stops are a well-known and predictable means of limiting travel in sliding components. Thus, claimed feature represents no more than the expected us of known elements.
Regarding claim 20, Miller does not appear to explicitly teach that securing the lock out member in the second position with a securing mechanism; however,
Garcia teaches that the securing the lock out member (10) in the second position (retention and release position, [0023]) with a securing mechanism [fig. 7 of Garcia shows the locking mechanism of the locking device 10].
Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to provide securing mechanism to the lock device, such as lock out member as taught by Garcia into the invention of Miller with a reasonable expectation of success in order to advantageously optimize the trailer coupler assemblies and provides a confirmation that the hitch ball is properly, secured for towing [‘Abstract’ of Garcia].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 7703792 B1 to David discloses: a hitch coupling assembly attaching a trailer to a towing vehicle. The towing vehicle including a hitch plate that has an upper surface and an open end for receiving a king pin. The coupling assembly has an arm with opposite ends.
US 7441793 B1 to Lim discloses: the assembly (100) has U shaped outer and flat inner laminate plates (120a, 122n) that have cooperating apertures (130a-130n). The apertures are aligned and sized such that fasteners are snugly inserted to couple the plates together.
US 20040066089 A1 to Roll discloses: the actuator (10) has a coupler housing (12) telescopically engaged with an actuator housing (14), so that the coupler housing extends and retracts within the actuator housing.
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/NABIN KUMAR SHARMA/Examiner, Art Unit 3611
/VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611