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 .
Specification
The disclosure is objected to because of the following informalities:
In para 21 line 5 “a parking” is missing a proper location reference (i.e. lot, garage, spot, etc.).
Appropriate correction is required.
Claim Objections
Claims 2 and 4 are objected to because of the following informalities:
Claim 2 recites “on rear side of the vehicle” and should read “ on a rear side of the vehicle.”
Claim 4 recites “wherein control button is configured” and should read “wherein the control button is configured.”
Appropriate correction is required.
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.
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.
Claims 1-3 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Novotny et al. US 2021/0129804 A1 (Herein Novotny) in view of Tracy US 8162290 B1.
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Novotny Figure 1, annotated
Regarding claim 1, Novotny teaches an apparatus for moving a vehicle (Abstract), the apparatus comprises: a frame (See Annotated Drawing), a wheel (78) mounted to the frame (See Annotated Drawing), a jack (20) for increasing and decreasing a distance between the wheel (78) and the upper frame (26), the jack (20) mounted to the frame (See Annotated Drawing), and a motor (72) for driving the wheel (78), the motor (72) mounted to the frame (See Annotated Drawing).
Novotny does not teach a tow bar coupled to the frame and configured to couple to an attachment point in the vehicle.
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Tracy Figure 1, annotate However, in a related device, Tracy teaches a tow bar (20) coupled to a frame (See Annotated Drawing) and configured to couple to an attachment point (See Annotated Drawing) in the vehicle (See Annotated Drawing) and that the tow bar (20) is coupled to the frame (See Annotated Drawing) so that the jack (14) increases and decreases a distance between the foot (See Annotated Drawing) and the attachment point (See Annotated Drawing). Tracey further teaches the use of the tow bar advantageously allows for easy and uncomplicated use of the jack, by attaching through the trailer hitch (col 2, ln 9-10). A person skilled in the art, prior to the filing date of the instant application, would have been able to apply the attachment point of Tracy to the powered wheeled jack of Novotny in order to advantageously provide an easy and uncomplicated way to mount the jack to the trailer hitch of a road vehicle equipped with one. Furthermore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions such that the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
Regarding claim 2, the combination of Novotny and Tracy teaches the attachment point (See Annotated Figure of Tracy) is a tow hitch (12 of Tracy) on a rear side (See Annotated Figure of Tracy) of the vehicle (See Annotated Figure of Tracy). Regarding claim 3, the combination of Novotny and Tracy teaches the apparatus further comprises a battery (para 35, ln 7 of Novotny) mounted to the frame (See Annotated Drawing of Novotny) (para 35, ln 8 of Novotny), the battery (para 35, ln 7 of Novotny) configured to power the motor (72) (para 35, ln 6 of Novotny). Regarding claim 6, the combination of Novotny and Tracy teaches a method for moving (Abstract of Novotny) a vehicle (See Annotated Drawing of Tracy), the method comprises: providing an apparatus comprising: a frame (See Annotated Drawing of Novotny), a tow bar (20 of Tracy) coupled to the frame (See Annotated Drawing of Novotny) and configured to couple to a tow hitch (12 of Tracy) on a rear side (See Annotated Drawing of Tracy) of the vehicle (See Annotated Drawing of Tracy), a wheel (78 of Novotny) mounted to the frame (See Annotated Drawing of Novotny), a jack (20 of Novotny) for increasing and decreasing a distance between the wheel (78 of Novotny) and the tow bar (12 of Tracy), the jack (20 of Novotny) mounted to the frame (See Annotated Drawing of Novotny), and a motor (72 of Novotny) for driving the wheel (78 of Novotny), the motor (72 of Novotny) mounted to the frame (See Annotated Drawing of Tracy); coupling the apparatus to the vehicle (See Annotated Drawing of Tracy) through the tow hitch (12 of Tracy) and the tow bar (20 of Tracy) (col 2, ln 1-2 of Tracy); and upon coupling, operating the jack (20 of Novotny) to increase the distance between the wheel (78 of Novotny) and the tow bar (20 of Novotny) so that at least some weight of the vehicle (See Annotated Drawing of Tracy) is taken by the apparatus (para 38, ln 3-6). Regarding claim 7, the combination of Novotny and Tracy teaches the apparatus further comprises a battery (para 35, ln 7 of Novotny) mounted to the frame (See Annotated Drawing of Novotny) (para 35, ln 8 of Novotny), the battery (para 35, ln 7 of Novotny) configured to power the motor (72) (para 35, ln 6 of Novotny).
Claims 4-5 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Novotny et al. US 2021/0129804 A1 (Herein Novotny) in view of Tracy US 8162290 B1 as applied to claims 1-3 and 6-7 above, and further in view of Betz US 2017/0050623 A1.
Regarding claim 4, the combination of Novotny and Tracy teach the apparatus of claim 1, wherein the apparatus further comprises a control button (100 of Novotny). The combination of Novotny and Tracy does not teach that the control button is configured to be positioned within a cabin of the vehicle, wherein control button is configured to turn the motor on and off.
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Betz Figure 2B
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Betz Figure 12, annotated
However, in a related device, Betz teaches a control button (See Annotated Figure) configured to be positioned within a cabin of a vehicle (para 18, ln 18-21), wherein control button (See Annotated Figure) is configured to turn a motor (17) on and off (para 46, ln 18-20). Betz teaches this control advantageously allows for operation of the device from a position within cabin of the vehicle (para 18, ln 16-18). A person skilled in the art would have been able to, prior to the filing date of the instant application, been able to utilize the dashboard or steering wheel controls of Betz to advantageously control the movement of the motor in the combination of Novotny and Tracy (para 18, ln 16-18). Furthermore, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions such that the combination would have yielded predictable results to one of ordinary skill in the art before the effective filing date of the claimed invention.
In regard to claim 5, the combination of Novotny, Tracy, and Betz teaches a wire (102 of Novotny) couples the control button (100 of Novotny) and the motor (72 of Novotny). In regard to claim 8, the combination of Novotny, Tracy, and Betz teaches the method of claim 6, wherein the apparatus further comprises a control button (100 of Novotny) configured to be positioned within a cabin of the vehicle(para 18, ln 18-21 of Betz), wherein the control button (100 of Novotny) is configured to turn the motor (72 of Novotny) on and off (para 46, ln 18-20 of Betz), wherein the method further comprises: turning on, by a driver sitting in a driver seat, the control button (100 of Novotny) (para 18, ln 16-18 of Betz).
In regard to claim 9, the combination of Novotny, Tracy, and Betz teaches a wire (102 of Novotny) couples the control button (100 of Novotny) and the motor (72 of Novotny).
Conclusion
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/G.D.H./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723