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 .
Election/Restrictions
Applicant's election with traverse of Group IV in the reply filed on March 4, 2025 is acknowledged. The traversal is on the ground(s) that Groups I and IV have the same classification. This is not found persuasive because, although Group I and Group IV have been classified together, they refer to different weight distribution configurations and components, while also being a product and process, respectively. These differences amount to a separate status in the art and different fields of search.
The requirement is still deemed proper and is therefore made FINAL.
Claims 1 – 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on March 4, 2025. Elected claims 19 – 21 will be examined. Claims 24 – 28, although not belonging to the elected group, are examined here because they do not require a search burden.
Claim Objections
Claim 24 is objected to because of the following informalities:
In claim 24, line 8, “the a rear bracket” should be “the rear bracket”.
Appropriate correction is required.
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 28 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.
Claim 28 recites the limitation "the hitch ball mount engaging structure" in lines 1 – 2 . There is insufficient antecedent basis for this limitation in the claim.
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.
(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 19 – 21 and 24 – 28 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent number US 7,934,742 B2 to Anderson et al. (hereinafter referred to as Anderson.
Regarding claims 19 – 21, Anderson discloses a method of connecting a trailer (trailer 12) to a towing vehicle (towing vehicle 10) wherein the trailer includes a coupler (coupler 18) mounted on a front end of a trailer frame of the trailer, the method comprising:
[Claim 19] providing a weight distributing hitch system comprising:
a hitch ball mount (hitch head 22) having a hitch ball (hitch ball 20) connected thereto;
a spring arm assembly (spring arms 41) comprising first and second spring arms (Col. 4, Lns 36 – 37), each having a first end and second end (the ends of spring arms 41 connected to hitch head 22 and lifting apparatus 44, respectively), and an actuator engaging structure (link member 46) connected to at least one of the first and second spring arms; and
a linear actuator assembly (lifting apparatus 44) comprising a linear actuator mounting bracket (support 64) and a linear actuator (lift 56) having a first end and a second end (the lower and upper ends of lift 56, Figs. 8 and 9);
connecting the first ends of the first and second spring arms to the hitch ball mount (hitch head 22);
securing the linear actuator mounting bracket (support 64) to the trailer frame rearward of the trailer coupler (coupler 18; See Figs. 8 and 9);
connecting the first end of the linear actuator (the lower end of lift 56) to the linear actuator mounting bracket (support 64, Figs. 8 and 9); and
connecting the second end of the linear actuator (the top end of lift 56) to the actuator engaging structure (link member 46) such that the first end of the linear actuator extends rearward of the second end of the spring arms (See Figs. 8 and 9);
[Claim 20] wherein a propane tank mounting assembly (trailer tongue 16) is mounted to a top surface of the trailer frame (trailer 12) in spaced relation rearward of the trailer coupler (coupler 18; See Figs. 1, 2, 8 and 9), the method further comprising:
securing the linear actuator mounting bracket (support 64) to the trailer frame between the trailer coupler (coupler 18) and the propane tank mounting assembly (trailer tongue 16; Figs. 8 and 9); and
[Claim 21] wherein the first ends of the first and second spring arms are connected to a hitch ball mount engaging structure (pair of sockets 39) and the method further comprises slidably engaging the hitch ball mount engaging structure (pair of sockets 39) with the hitch ball mount (hitch head 22; Figs. 3 and 5 – 9; Col. 4, Lns. 33 – 34).
Regarding claims 24 – 28, Anderson discloses a method of connecting a trailer (trailer 12) to a towing vehicle (towing vehicle 10) wherein the trailer includes a coupler (coupler 18) mounted on a front end of a trailer frame of the trailer, the method comprising:
providing a weight distributing hitch system comprising:
[Claim 24] a hitch ball mount (hitch head 22) having a hitch ball (hitch ball 20) connected thereto;
a spring arm assembly (spring arms 41) comprising first and second spring arms, each having a first end and second end (the ends of spring arms 41 connected to hitch head 22 and lifting apparatus 44, respectively) and an actuator mount (attachment 51) connected to a rear bracket (bracket 43), the rear bracket having a portion extending under the second end of at least one of the first and second spring arms (Figs. 8 and 9); and
a linear actuator assembly (lifting apparatus 44) comprising a linear actuator mounting bracket (support 64) and a linear actuator (lift 56) having a first end and a second end;
securing the linear actuator mounting bracket (support 64) to the trailer (trailer 12) frame trailer rearward of the trailer coupler (coupler 18);
connecting the first ends of the first and second spring arms to the hitch ball mount (hitch head 22);
connecting the first end of the linear actuator (the bottom end of lift 56) to the linear actuator mounting bracket; and
connecting the second end of the linear actuator (the top end of lift 56) to the actuator mount (attachment 51);
[Claim 25] wherein a propane tank mounting assembly (trailer tongue 16) is mounted to a top surface of the trailer frame (trailer 12) in spaced relation rearward of the trailer coupler (coupler 18), the method further comprising:
securing the linear actuator mounting bracket (support 64) to the trailer frame (trailer 12) between the trailer coupler (coupler 18) and the propane tank mounting assembly (trailer tongue 16; Figs. 8 and 9);
[Claim 26] wherein the first ends of the first and second spring arms are connected to a hitch ball mount engaging structure (pair of sockets 39) and the method further comprises slidably engaging the hitch ball mount engaging structure (pair of sockets 39) with the hitch ball mount (hitch head 22; Figs. 3 and 5 – 9; Col. 4, Lns. 33 – 34);
[Claim 27] further comprising the step of locking the hitch ball mount engaging structure (pair of sockets 39) to the hitch ball mount (hitch head 22; “may be securely held in place”, Col. 7, Lns. 2 – 4); and
[Claim 28] further comprising the step of locking the hitch ball mount engaging structure (pair of sockets 39) to the hitch ball mount (hitch head 22; “may be securely held in place”, Col. 7, Lns. 2 – 4).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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.
/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611