DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Interpretation
Regarding claim 1, the phrase “a coupler engagement device” is interpreted as referring to one of the “at least one coupler engagement device” anteriorly introduced, without raising antecedent basis issues. No correction is required.
Claim Objections
Claim 1 objected to because of the following informalities:
Claim 11, recites the limitation “through back side opening” which should be changed to “through the back side opening”.
Claims 12-15, recites the limitation “the at least one coupler engaging device”, which should be changed to “the at least one coupler engagement device”.
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 1-20 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 1, recites the limitation "the base". There is insufficient antecedent basis for this limitation in the claim.
Claims 2-20 are further rejected as indefinite, as depending from a rejected parent claim (see above).
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, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Weipert et al. US 20100127479 A1 in view of Bernart US 20090045604 A1.
Regarding independent claim 1, Weipert et al. discloses [a hitch assembly 10 comprising:
a base assembly 14 and a mount assembly 16 rotatably coupled to the base assembly,] (Fig. 2; Paragraph 0025)
[the mount assembly being rotatable from a mount stored position to a mount deployed position,] (Fig. 10; Paragraph 0050) [a portion of the mount assembly extending from the base and including at least one coupler engagement device 60,] (Fig. 2-3; Paragraph 0050) and [in the mount deployed position a coupler engagement device extending upward,] (Fig. 10; Paragraph 0050; As shown in Fig. 10, Weipert et al. illustrates wherein the coupler engagement device 60 extends upwards when the mount assembly 16 is in the mount deployed position.) and [in the mount stored position the coupler engagement device not extending upward.] (Fig. 10; Paragraph 0050; Weipert et al. discloses that the mounting assembly 16 may be rotatable to a desired hitch position. Thus, allowing the mounting assembly to put in a mount stored position wherein the coupler engagement device 60 is not extending upwards.)
Weipert et al. does not disclose a step assembly hingedly attached to the base assembly; the step assembly being pivotable from a step deployed position to a step raised position, and in the step deployed position, the step assembly covering the portion of the mount assembly extending from the base.
Bernart teaches [a step assembly hingedly attached to the base assembly;] (Fig. 1-4; Paragraph 0022) [the step assembly being pivotable from a step deployed position to a step raised position,] (Fig. 3-4; Paragraph 0027-0028) and [in the step deployed position, the step assembly covering the portion of the mount assembly extending from the base.] (Fig. 3-4; Paragraph 0027-0028)
Bernart further teaches limitations related to a pair of hinge brackets and their pivotal coupling, as discussed fully in the rejection of dependent claim 4 below, the four flanges, as discussed fully in the rejection of dependent claim 5 below, and all the limitations discussed in the rejection of claims 6-7, 9, and 17 below.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the hinged step assembly of Bernart with the hitch assembly of Weipert et al. with a reasonable expectation of success because it would allow for a user to selectively cover the coupler engagement device when not in use while also providing a step for vehicle access, thus improving safety, preventing unintentional contact with the coupler engagement device, and increasing overall functionality of the hitch assembly.
Regarding claim 4, Weipert et al., as modified, discloses all of the claimed limitations above, including [the base assembly having a left side and a right side,] (Fig. 1 of Bernart; Paragraph 0024 of Bernart; As shown in Fig. 1, Bernart illustrates a base bracket 50, 55 having a left and right side.) [the step assembly 15 including a step 25,] (Fig. 1 of Bernart; Paragraph 0016 of Bernart) [the step having a back side and a pair of hinge brackets attached to the back side of the step,] (Fig. 1 and 3-4 of Bernart; Paragraph 0023-0024 of Bernart) [the pair of hinge brackets including a right hinge bracket 27 and a left hinge bracket 27,] (Fig. 1 and 3-4 of Bernart; Paragraph 0023-0024 of Bernart; As shown in Fig. 1, Bernart illustrates the step comprising right and left hinge brackets 27.) and [the right hinge bracket of the pair of hinge brackets being pivotally coupled to the right side of the base assembly,] (Fig. 1 and 3-4 of Bernart; Paragraph 0023-0024 of Bernart; As shown in Fig. 1 and 3-4, Bernart illustrates the right hinge bracket 27 of the pair of hinge brackets being pivotally coupled to the right side of the base assembly 50, 55.) and [the left hinge bracket of the pair of hinge brackets being pivotally coupled to the left side of the base assembly.] (Fig. 1 and 3-4 of Bernart; Paragraph 0023-0024 of Bernart; As shown in Fig. 1 and 3-4, Bernart illustrates the left hinge bracket 27 of the pair of hinge brackets being pivotally coupled to the left side of the base assembly 50, 55.)
Regarding claim 6, Weipert et al., as modified, discloses all of the claimed limitations above, including [a pivot pin 60 extending through the right hinge bracket 27, right side of the base assembly, left side of the base assembly and left hinge bracket,] (Fig. 3-4 of Bernart; Paragraph 0026) and [the step assembly being pivotable about the pivot pin.] (Fig. 3-4 of Bernart; Paragraph 0026)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Weipert et al. in view of Bernart and further in view of Davis US 7081197 B1.
Regarding claim 5, Weipert et al., as modified, discloses most of the limitations, including [the step bent to form a top side,] (Annotation of Fig. 1 of Bernart; As shown in the annotation of Fig. 1, Bernart illustrates the step being bent to form a top side.) [a first flange forming the back side of the step,] (Annotation of Fig. 1 of Bernart; As shown in the annotation of Fig. 1, Bernart illustrates a first flange forming the back of the step.) [a second flange forming a left side of the step,] (Annotation of Fig. 1 of Bernart; As shown in the annotation of Fig. 1, Bernart illustrates a second flange forming a left side of the step.) [a third flange forming a right side of the step] (Annotation of Fig. 1 of Bernart; As shown in the annotation of Fig. 1, Bernart illustrates a third flange forming a right side of the step.) and [a fourth flange comprising a front side of the step.] (Annotation of Fig. 1 of Bernart; As shown in the annotation of Fig. 1, Bernart illustrates a fourth flange comprising a front side of the step.)
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Annotated Fig. 1 of Bernart
Weipert et al., as modified does not disclose a sheet metal panel.
Davis teaches [a sheet metal panel 17.] (Fig. 1; Col. 2, lines 47-57)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the metal sheet panel of Davis with the hitch assembly of Weipert et al., as modified, with a reasonable expectation of success because it would allow for the step to provide sufficient strength while reducing weight and manufacturing cost, thus improving manufacturability and ease of installation of the step assembly.
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Weipert et al. in view of Bernart and further in view of Park et al. US 20080042394 A1.
Regarding claim 7, Weipert et al., as modified, discloses most of the limitations, including [the left side of the base assembly including at least three holes,] (Fig. 3-4 of Bernart; Paragraph 0026-0027 of Bernart) including [a pivot pin hole 61a-d through which the pivot pin 60 extends,] (Fig. 3-4 of Bernart; Paragraph 0026) and [two plunger holes 62, 63 along an arc having a center at the pivot pin hole,] (Fig. 3-4 of Bernart; Paragraph 0026-0027 of Bernart) [the two plunger holes being at least about 90 degrees apart and including a first plunger hole 63 and a second plunger hole 62;] (Annotated Fig. 3 of Bernart; Paragraph 0027 of Bernart) and [the left hinge bracket 27 including at least two holes, in including a pivot pin hole through which the pivot pin extends,] (Fig. 3-4 of Bernart; As shown in Fig. 3-4, Bernart illustrates the left hinge bracket 27 comprising at least two holes with a pivot pin hole 61a-d through which the pivot pin 60 extends.) and [a spring plunger hole 62, 63, the spring plunger hole aligning with the first plunger hole 63 when the step assembly is in the step deployed position, and the spring plunger hole aligning with the second plunger hole when the step assembly is in the step raised position 62;] (Fig. 3-4 of Bernart; Paragraph 0028-0029 of Bernart; As shown in Fig. 3-4, Bernart illustrates the spring plunger hole aligning with the first plunger hole when the step assembly is in the step deployed position, and the spring plunger hole aligning with the second plunger hole when the step assembly is in the step raised position.) and [a lock pin 65 attached to the left hinge bracket at the spring plunger hole 63 and configured to project the lock pin into the first plunger hole 63 when the step assembly is in the step deployed position and into the second plunger hole 62 when the step assembly is in the step raised position.] (Fig. 3-4 of Bernart; Paragraph 0028-0029 of Bernart)
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Annotated Fig. 3 of Bernart
Weipert et al., as modified, does not disclose a spring plunger.
Park et al. teaches [a spring plunger 80.] (Fig. 1, 3, and 5; Paragraph 0050)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the spring plunger of Park et al. with the hitch assembly of Weipert et al., as modified, with a reasonable expectation of success because it would allow the spring plunger to provide a biasing force that automatically urges the lock pin into alignment holes, thus improving retention reliability and ease of operation and ensuring secure positioning of the step assembly in both the deployed and raised positions.
Regarding claim 9, Weipert et al., as modified, discloses most of the limitations, including [the right side of the base assembly including at least three holes,] (Fig. 3-4 of Bernart; Paragraph 0026-0027 of Bernart) including [a pivot pin hole 61a-d through which the pivot pin 60 extends,] (Fig. 3-4 of Bernart; Paragraph 0026 of Bernart) and [two plunger holes 62, 63 along an arc having a center at the pivot pin hole,] (Fig. 3-4 of Bernart; Paragraph 0026-0027 of Bernart) [the two plunger holes being at least about 90 degrees apart and including a first plunger hole 63 and a second plunger hole 62;] (Annotated Fig. 3 of Bernart; Paragraph 0027 of Bernart) and [the right hinge bracket 27 including at least two holes, in including a pivot pin hole through which the pivot pin extends,] (Fig. 3-4 of Bernart; As shown in Fig. 3-4, Bernart illustrates the left hinge bracket 27 comprising at least two holes with a pivot pin hole 61a-d through which the pivot pin 60 extends.) and [a spring plunger hole 62, 63, the spring plunger hole aligning with the first plunger hole 63 when the step assembly is in the step deployed position, and the spring plunger hole aligning with the second plunger hole when the step assembly is in the step raised position 62;] (Fig. 3-4 of Bernart; Paragraph 0028-0029 of Bernart; As shown in Fig. 3-4, Bernart illustrates the spring plunger hole aligning with the first plunger hole when the step assembly is in the step deployed position, and the spring plunger hole aligning with the second plunger hole when the step assembly is in the step raised position.) and [a lock pin 65 attached to the right hinge bracket at the spring plunger hole 63 and configured to project the lock pin into the first plunger hole 63 when the step assembly is in the step deployed position and into the second plunger hole 62 when the step assembly is in the step raised position.] (Fig. 3-4 of Bernart; Paragraph 0028-0029 of Bernart)
Weipert et al., as modified, does not disclose a spring plunger.
Park et al. teaches [a spring plunger 80.] (Fig. 1, 3, and 5; Paragraph 0050)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the spring plunger of Park et al. with the hitch assembly of Weipert et al., as modified, with a reasonable expectation of success because it would allow the spring plunger to provide a biasing force that automatically urges the lock pin into alignment holes, thus improving retention reliability and ease of operation and ensuring secure positioning of the step assembly in both the deployed and raised positions.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Weipert et al. in view of Bernart and further in view of Wotherspoon US 8393629 B2.
Regarding claim 17, Weipert et al., as modified above, discloses most of the limitations, including [the step assembly 15 including a step 25,] (Fig. 1 of Bernart; Paragraph 0025 of Bernart) [the step including a top panel 34 having a support side and an underside opposite the support side,] (Fig. 2 of Bernart; As shown in Fig. 2, Bernart illustrates the step having a top panel 34 with a support side with a support side and an underside opposite of the support side.)
Weipert et al., as modified, does not disclose the hitch assembly including a compressible bumper attached to the underside of the top panel, the compressible bumper contacting the mount assembly when the step assembly is in the step deployed position.
Wotherspoon teaches [the hitch assembly including a compressible bumper 215 attached to the underside of the top panel,] (Fig. 2; Col. 2, line 36-42) [the compressible bumper contacting the mount assembly when the step assembly is in the step deployed position.] (Fig. 2; Col. 2, line 36-42; Wotherspoon discloses that the resilient buffer 215 extends to surround a portion of the tow ball 400 which is attached to the mounting assembly.)
Wotherspoon further teaches limitations related to the compressible bumper, as discussed fully in the rejection of dependent claim 18 below, and all the limitations discussed in the rejection of claims 19 and 20 below.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to additionally use the compressible bumper of Wotherspoon with the hitch assembly of Weipert et al., as modified, with a reasonable expectation of success because it would allow for the mount assembly to deform under load to accommodate sufficient contact between the underside of the step assembly and the mount assembly, thus improving durability and reducing wear when the step is in the deployed position.
Regarding claim 18, Weipert et al., as modified, discloses most of the limitations, including [the compressible bumper 215 being comprised of a resilient elastomer.] (Fig. 2 of Wotherspoon; Col. 2, line 36-42 of Wotherspoon)
Regarding claim 19, Weipert et al., as modified, discloses most of the limitations, including [the compressible bumper having an uncompressed height that is greater than the distance between the underside of the top panel and the mount assembly when the step assembly is in the step deployed position.] (Fig. 2 of Wotherspoon; Col. 2, lines 36-42 of Wotherspoon; As shown in Fig. 2, Wotherspoon illustrates that when the step is in the step deployed position, the distance between the underside of the top panel and the tow ball would be less that the uncompressed height of the resilient buffer. Accordingly, when the buffer is attached to the underside of the platform, the buffer must necessarily be compressed in the deployed position. Thus, the reference naturally discloses that the buffer has an uncompressed height greater than the distance between the underside of the top panel and the mount assembly.)
Regarding claim 20, Weipert et al., as modified, discloses most of the limitations, including [the compressible bumper being compressed when the step assembly is in the step deployed position.] (Fig. 2 of Wotherspoon; Col. 2, lines 36-42 of Wotherspoon; As discussed with respect to claim 19 above, Fig. 2 illustrates that the distance between the underside of the top panel and the tow ball of the mount assembly is less than the uncompressed height of the resilient buffer. Accordingly, when the step assembly is in the deployed position, the buffer must naturally be compressed.)
Allowable Subject Matter
Claims 2-3, 8, and 10-16 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:
Claim 2 contains the limitation the base assembly comprising a plurality of sheet metal panels defining an interior space, and including a front side, a back side, a right side and a left side. The closest prior art, Weipert et al. US 20100127479 A1, discloses the base assembly defining an interior space, and including a front side, a back side, a right side and a left side, but does not disclose the base assembly comprising a plurality of sheet metal panels.
Claims 8 and 10 contains the limitation the spring plunger comprising a knob, a hollow body, a groove at an end of the hollow body facing the knob, a plug on a side of the knob facing the groove, the plug being configured to mate with the groove when the plug is aligned with the groove and the knob is not moved away from the hollow body, a shaft attached to the knob and extending into the hollow body, and the knob being movable away from and towards the hollow body, and the knob being rotatable to align the plug and groove and move the plug out of alignment with the groove. The closest prior art, Park et al. US 20080042394 A1, discloses a spring plunger with a knob, but does not disclose the spring plunger comprising a hollow body and a groove at an end of the hollow body facing the knob, a plug on a side of the knob facing the groove, the plug being configured to mate with the groove when the plug is aligned with the groove and the knob is not moved away from the hollow body, a shaft attached to the knob and extending into the hollow body, and the knob being movable away from and towards the hollow body, and the knob being rotatable to align the plug and groove and move the plug out of alignment with the groove.
Claim 11 contains the limitation the base assembly including a front side and a back side, and a front side opening in the front side of the base assembly, and a back side opening in the back side of the base assembly; and the mount assembly including a shank, the shank extending through the front side opening in the front side of the base assembly, and through back side opening in the back side of the base assembly, and the shank being rotatable relative to the base assembly. The closest prior art, Weipert et al. US 20100127479 A1, discloses that the base assembly includes a front side and a back side, and a front side opening in the front side of the base assembly; and the mount assembly including a shank, the shank extending through the front side opening in the front side of the base assembly, and the shank being rotatable relative to the base assembly, but does not does not disclose the base assembly including a back side opening in the back side of the base assembly; and the shank extending through back side opening in the back side of the base assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Harper US 9844986 B2 – comprises an adjustable height trailer hitch may include a shank portion configured and adapted to be installed into a hitch receiver. The hitch may further include a drop bar extending downwardly from the shank portion. The drop bar may further include a plurality of pin receiving holes formed in the drop bar. The hitch may further include a ball support member having a locking pin disposed in a locking-pin bore and an actuator pin disposed in an actuator bore. The hitch may further include a locking ring disposed in an annular groove of a cylindrical sidewall of the actuator bore. The locking ring may prevent backout of the actuator pin.
Works US 8408577 B2 – comprises an adjustable hitch assembly including a mounting collar, a hitch base with a vertical post having a plurality of alternating square sections and circular sections, a hitch ball member having at least one hitch ball and a pivot shaft extending therefrom. The vertical post is slidably and rotatably received through the mounting collar; the pivot shaft is rotatably received in the mounting collar. The mounting collar, to which the hitch ball member is attached, may slide vertically along the vertical post and may rotate about the vertical post to adjust the height and angular position of the hitch ball member. The hitch ball member may have a plurality of variously sized hitch balls that a user may select by rotating the hitch ball member about the pivot shaft. A single rotatable latch pin received by the mounting collar engages and disengages the various components of the hitch assembly to allow adjustability.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mohamed Medani whose telephone number is (703)756-1917. The examiner can normally be reached Monday - Friday, 8:30 am - 5:30 pm.
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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.
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/Mohamed M Medani/Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611