DETAILED ACTION
Application Status
Claims 1-3 and 5-11 are pending and have been examined in this application.
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 04/03/2026, with respect to the non-final rejection (01/05/2026) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Pacheco (WO 2006130490 A1).
In the non-final rejection (01/05/2026), the examiner took official notice that, "vehicle lug nuts are regular hexagons in shape and configured to engage vehicle lug nut wrenches" (see page 5). The applicant's remarks (04/03/2026) do not argue against the official notice. Accordingly, the examiner's assertion of official notice is taken to be admitted prior art because the applicant either failed to traverse the examiner's assertion of official notice or that the traverse was inadequate (see MPEP 2144.03 C.)
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.
Claims 1-3, 5-8, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Alman (AU 2010100897 A4) in view of Bender (US 2600959 A), Pacheco (WO 2006130490 A1), and Buckner (US 20050274760 A1).
With respect to claim 1, Alman discloses a tow hook assembly comprising: a tow hook (10, Fig.
1); and a clevis pin (14) having a head portion (22), wherein the clevis pin further comprises a threaded portion (34) opposite the head portion, and a shaft (24) extending between the bolt head portion and the threaded portion.
Alman is silent in teaching that the clevis pin has a bolt head portion formed by a number of equidistant edges, each pair of adjacent edges defining an interior side wall extending between the pair of adjacent edges and recessed with respect to the edges, the bolt head portion configured such that the edges engage a vehicle lug nut wrench, and a washer member between the shaft and the bolt head portion, and wherein the edges and interior side walls extend from a bolt head end of the clevis pin to the washer member.
Further, while Alman discloses using the tow hook assembly with vehicles (see “vehicle”, pg. 3, L. 4); Alman does not positively disclose a vehicle comprising the tow hook assembly.
Bender teaches a tow hitch assembly for a vehicle (see Col. 1, LL. 4-6) comprising a fastener (30) having a bolt head portion configured with equidistant edges configured to engage a vehicle lug nut wench (see Col. 4, LL. 49-56). Bender further teaches that forming the ends of the fastener in a manner that allows them to engage a lug nut wrench provides for easy rotation of the fastener (see Col. 4, LL.49-56).
Pacheco teaches a bolthead (52, Fig. 13) having a number of equidistant edges, each pair of adjacent edges (illustrated at 76, Fig. 14) defining an interior side wall (62/64/66) extending between the pair of adjacent edges and recessed with respect to the edges, and a washer member (54, Fig. 13) between the shaft (56) and the bolt head portion, and wherein the edges and interior side walls extend from a bolt head end of the clevis pin to the washer member (see Fig. 13). Pacheco further teaches that the particular shape of the bolthead allows the bolthead to be engaged by multiple types of drivers (see paragraphs [0029]-[0032]).
Figure 16 of Pacheco illustrates the bolthead of Figures 13 and 14 being engaged by a conventional hexagonal-head socket-type driver. Accordingly, the bolthead taught by Pacheco could be sized to engage a conventional hexagonal-head socket-type vehicle lug nut wrench.
Buckner teaches a vehicle comprising a tow hook assembly (30, Fig. 1) and vehicle lug nuts (“lug nuts”, paragraph [0028]).
Before the effective filing date of the claimed invention, it would have been obvious to a person
of ordinary skill in the art to modify Alman in view of Bender to provide a bolt head portion that engages a vehicle lug nut wrench to facilitate an easier rotation of the clevis pin. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Alman in view of Bender in further in view of Pacheco to arrive at the claimed invention and to provide a bolthead that can engage a vehicle lug nut wrench as well as other types of drivers. Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Alman in view of Bender and Pacheco in further view of Buckner by using the tow hook assembly resulting from the combination of Alman, Bender and Pacheco with a vehicle such as the one taught by Buckner to provide a vehicle capable of towing.
With respect to claim 2, Alman in view of Bender, Pacheco, and Buckner teaches the vehicle of claim 1, wherein the bolt head portion (Pacheco; 52, Fig. 13; also see Fig. 14) has a first distance that extends between a pair of opposing edges (illustrated at 76, Fig. 14).
With respect to claim 3, Alman in view of Bender, Pacheco, and Buckner teaches the vehicle of claim 1, further comprising vehicle lug nuts (Buckner; “lug nuts”, paragraph [0028]) each having a number of equidistant edges, each pair of adjacent edges defining side wall, each of the vehicle lug nuts having a first distance extending between a pair of opposing edges, the first distance of the bolt head portion is equal to the first distance of each of the vehicle lug nuts.
Note, as described above, it is considered admitted prior art that Buckner teaches, “vehicle lug nuts each having a number of equidistant edges, each pair of adjacent edges defining side wall, each of the vehicle lug nuts having a first distance extending between a pair of opposing edges, the first distance of the bolt head portion is equal to the first distance of each of the vehicle lug nuts.”
With respect to claim 5, Alman in view of Bender, Pacheco, and Buckner as modified above teaches the vehicle of claim 4, wherein the tow hook (Alman; 10, Fig. 1) includes a pair of arms and an opposing connection portion provided between the pair of arms (see annotated figure below).
PNG
media_image1.png
288
462
media_image1.png
Greyscale
With respect to claim 6, Alman in view of Bender, Pacheco, and Buckner as modified above teaches: The vehicle of claim 5, wherein the pair of arms comprises a first arm having a through bore (Alman; 18, fig. 2) and a second arm having an internally threaded bore (20), the threaded portion of the clevis pin configured to fit in the internally threaded bore.
With respect to claim 7, Alman in view of Bender, Pacheco, and Buckner as modified above teaches the vehicle of claim 6, wherein upon engagement of the edges with the vehicle lug nut wrench, the clevis pin (Alman; 14, Fig. 1) engages with the tow hook based on a fit between the internally threaded bore and the threaded portion of the clevis pin (see pg. 6, LL. 1-15).
With respect to claim 8, Alman in view of Bender, Pacheco, and Buckner as modified above teaches the vehicle of claim 4, wherein an aperture (Alman; aperture for bar 38, Fig. 1) is formed in the bolt head portion of the clevis pin between a bolt end and the washer member (Pacheco; 54, Fig. 32). Note, when modifying the shape of the bolt head disclosed by Alman, it would have been obvious to a person of ordinary skill in the art to keep the aperture through the bolt head in order to provide additional means for rotating the clevis.
With respect to claim 11, Alman in view of Bender, Pacheco, and Buckner as modified above teaches the vehicle of claim 1, wherein each of the interior side walls (Pacheco; 62/64/66, Fig. 14) defines a ridge (illustrated at 66), the ridge recessed relative to a plane extending between the pair of adjacent edges (76).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Alman (AU 2010100897 A4) in view of Bender (US 2600959 A), Pacheco (WO 2006130490 A1), and Buckner (US 20050274760 A1) as applied to claim 4 above, and further in view of Alba (US 20020164198 A1).
With respect to claim 9, Alman in view of Bender, Pacheco, and Buckner as modified above teaches the vehicle of claim 4, wherein an aperture (Alman; 28, Fig. 2) is formed in an end portion of the clevis (14) proximate the threaded portion. Alman in view of Bender, Pacheco and Buckner as modified above are thus silent in teaching an aperture formed in the threaded portion.
Alba teaches a clevis pin (37, Fig. 1) having a threaded portion (26) and an aperture (44) formed in the threaded portion.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Alman in view of Bender, Pacheco, and Buckner in further view of Alba to arrive at the claimed invention. Such a person would have been motivated to form the aperture through a threaded portion of the clevis rather than forming a reduced-diameter end portion to accommodate the aperture to reduce the number of turning operations required to form the clevis pin.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Alman (US 20050274760 A1) in view of Bender (US 2600959 A), and Pacheco (WO 2006130490 A1) as applied to claim 1 above, and further in view of Weis (US 20150184687 A1).
With respect to claim 10, Alman in view of Bender, Pacheco, and Buckner as modified above teaches the vehicle of claim 3, but is silent in teaching a vehicle lug nut wrench having a number of equidistant edges, each pair of adjacent edges defining side wall, the vehicle lug nut wrench having a first distance extending between a pair of opposing edges, the first distance of the vehicle lug nut wrench corresponding to the first distance of each of the vehicle lug nuts.
Weis teaches a vehicle lug nut wrench (Weis; see “automobile lug wrench”, Col. 4, L. 83) having a number of equidistant edges, each pair of adjacent edges defining side wall, the vehicle lug nut wrench having a first distance extending between a pair of opposing edges, the first distance of the vehicle lug nut wrench corresponding to the first distance of each of the vehicle lug nuts.
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Alman in view of Bender, Pacheco, and Buckner in further view of Weis to include a vehicle lug nut wrench to arrive at the claimed invention. Such a person would have been motivated to make such a modification to provide means for changing a wheel on the vehicle and to provide means for turning the bolthead of the tow hook assembly.
Allowable Subject Matter
Applicant’s claim 11 claims, “each of the interior side walls defines a ridge, the ridge recessed relative to a plane extending between the pair of adjacent edges”. As best understood by the examiner, the interior sidewalls define, “a pair of ridges recessed relative to a plane extending between the pair of adjacent edges” (see annotated figure below). The references cited in this office action, taken alone or in combination, fail to disclose, a bolthead portion formed by a number of equidistant edges,
each pair of adjacent edges defining an interior side wall, wherein each interior sidewall defines a pair of ridges, each ridge recessed relative to a plane extending between the pair of adjacent edges.
PNG
media_image2.png
360
495
media_image2.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. 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 Matthew D Lee whose telephone number is (571)272-6087. The examiner can normally be reached Mon. - Fri. (7:30 - 5:00 EST).
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, John Olszewski can be reached at (571) 272-2706. 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.
/MATTHEW D LEE/ Examiner, Art Unit 3617
/JOHN OLSZEWSKI/ Supervisory Patent Examiner, Art Unit 3617
Prosecution Insights