Prosecution Insights
Last updated: April 19, 2026
Application No. 18/498,477

System and Method for Determining Tongue Weight

Non-Final OA §103
Filed
Oct 31, 2023
Examiner
ENGLISH, JAMES A
Art Unit
3614
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Hall Logic Inc.
OA Round
1 (Non-Final)
81%
Grant Probability
Favorable
1-2
OA Rounds
2y 2m
To Grant
90%
With Interview

Examiner Intelligence

Grants 81% — above average
81%
Career Allow Rate
927 granted / 1145 resolved
+29.0% vs TC avg
Moderate +9% lift
Without
With
+9.0%
Interview Lift
resolved cases with interview
Fast prosecutor
2y 2m
Avg Prosecution
20 currently pending
Career history
1165
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
47.0%
+7.0% vs TC avg
§102
24.2%
-15.8% vs TC avg
§112
24.9%
-15.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1145 resolved cases

Office Action

§103
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. 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 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 - 2, 4, 6, 16-17 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Viele (US 2019/0217831) in view of Ling ( US 2020/0086702 ) and GIaier et al. (US 2020/0384818). With respect to claim 1 and 16 , Viele discloses a system for measuring the tongue weight of a trailer attached to a hitching component of a vehicle (paragraphs 5, 12) comprising: a smart device (‘mobile device’; paragraph 189) ; and an app (paragraph 189) running on the smart device (‘mobile device’; paragraph 189) , a sensor (120) at a point in time when the trailer is not hitched to the vehicle and store a value "Angle Unhitched," corresponding to the angle of the vehicle without the trailer hitched (paragraph 187 “ Based on the dimensional and other physical characteristics of the automobile 205 and trailer 210 , the head controller 120 and/or tail controller 130 can estimate the tongue weight from change of pitch of the automobile 205 and/or trailer 210 ”) ; take a signal from the sensor at a point in time when the trailer is hitched to the vehicle and store a value "Angle Hitched," corresponding to the angle of the vehicle without the trailer hitch attached (paragraph 187 “ Based on the dimensional and other physical characteristics of the automobile 205 and trailer 210 , the head controller 120 and/or tail controller 130 can estimate the tongue weight from change of pitch of the automobile 205 and/or trailer 210 ”) ; obtain a value "VSC," corresponding to stiffness of suspension for the vehicle, and reflecting a change in angle per unit of weight applied to the hitching component of the vehicle (paragraph 186: “ The parameters for this model can come from user input (e.g., length of trailer, weight, etc.), learned parameters (e.g., suspension stiffness) ”) ; calculate a value "TW," representing the tongue weight of the trailer when hitched to the vehicle (paragraph 187). (Figs. 1-18, paragraphs 4-36 and 151-269.) Viele discloses displaying the real-time weight estimate via a mobile app on a mobile device as the cargo moves forward or backwards on the trailer, thereby enabling the loader to position the cargo correctly on the trailer but does not disclose using the smart phone to determine the angle. Ling teaches of a smart device ( 96 ) having an app (par agraph 60) comprising a sensor for determining the angle of the smart device with respect to horizontal (paragraph 96) taking a signal from the sensor when the smart device is resting on the surface of the trai ler. (Figs. 1-15, paragraphs 39-78.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the smart phone measure the angle as described in Ling into the invention of Viele with a reasonable expectation of success in order to reliably obtain position and orientation data . ( Paragraph 3 .) Furthermore, because both Viele and Ling disclose methods of determining pitch angles, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to substitute one method (using a smart phone) for the other (using the vehicle or trailer controller/IMU) to achieve the predictable result of determining pitch angle differences. Viele, as modified, discloses the claimed invention except for having the smart device measure the angle on the vehicle as opposed to the trailer . It would have been obvious to one having ordinary skill in the art at the time the invention was made to measure the angle on the vehicle as opposed to the trailer , since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse , 86 USPQ 70. Viele et al., as modified, is silent regarding using the formula: TW = [(asin(Angle Unhitched) - asin(Angle Hitched)] x VSC, where asin is the arcsine; and report the value TW to a user of the smart device. GIaier et al. teaches of determining whether a payload has been added to the vehicle where a pitch change of the hitch has occurred through any suitable equation (paragraph 46.) (Figs. 1- 10, paragraphs 24-61.) I t would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of measuring the tongue weight of Viele, as modified, such that the tongue weight is defined by the specified formula, as claimed, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In addition, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp; if this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. With respect to claim s 2 and 17, Viele, as modified, discloses the app is also configured to: receive an input representing GVW of the trailer (paragraph 187 “ Based on the dimensional and other physical characteristics of the automobile 205 and trailer 210 ”; paragraph 207 “ This weight information can include the empty weight of the trailer 210, the weight learned by the control subsystem 115 through operation of the trailer 210, and/or user entered weights ”) ; calculate whether the calculated value for TW is within an acceptable percentage of the GVW of the trailer; and report to the user whether the TW is within or not within the acceptable percentage of the GVW of the trailer (paragraph 187 “ estimated tongue weight can be reported to the user through the I/O devices 125 and/or the control subsystem 115 can take appropriate corrective action ”) . (Figs. 1-18, paragraphs 4-36 and 151-269.) With respect to claim s 4 and 19, Viele, as modified, discloses the app is further configured to provide instructions to the user when the TW is not within the acceptable percentage (paragraph 189 “ the I/O devices 125 displays the real-time weight estimate via a mobile app on a mobile device as the cargo moves forward or backwards on the trailer 210, thereby enabling the loader to position the cargo correctly on the trailer 210. ”) . (Figs. 1-18, paragraphs 4-36 and 151-269.) With respect to claim 6, Viele, as modified, discloses the adding weights for items loaded on the trailer is facilitated by selecting items from a menu of possible items on the app (paragraph 189 “ Based on the real-time pitch of the automobile 205 and/or trailer 210 measured by the head IMU 122 and/or tail IMU 132 as the cargo is moved on the trailer 210 (e.g., forwards or backwards), the head controller 120 and/or tail controller 130 is able to estimate dynamic weights being applied. In one example, the I/O devices 125 displays the real-time weight estimate via a mobile app on a mobile device as the cargo moves forward or backwards on the trailer 210, thereby enabling the loader to position the cargo correctly on the trailer 210. ”) . (Figs. 1-18, paragraphs 4-36 and 151-269.) Claims 3 and 1 8 are rejected under 35 U.S.C. 103 as being unpatentable over Viele, Ling and GIaier et al., as applied to claim s 1 -2 and 16 -17 above, and further in view of Greenwood ( GB 2528974 A ) . With respect to claim s 3 and 18, Viele, as modified, is silent regarding the acceptable percentage is between 10-15%. Greenwood teaches of the acceptable percentage is between 10-15%. (Fig s . 5-7 , pages 13-16 .) It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have the acceptable percentage is between 10-15% , since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller , 105 USPQ 233. Claims 5 , 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Viele, Ling and GIaier et al., as applied to claim s 1-2 and 16-17 above, and further in view of Schrader (US 2005/0173524) . With respect to claim s 5 and 20, Viele, as modified, discloses the app receiving the input representing GVW of the trailer is accomplished by adding weights for items loaded on the trailer (paragraph 189 “ Based on the real-time pitch of the automobile 205 and/or trailer 210 measured by the head IMU 122 and/or tail IMU 132 as the cargo is moved on the trailer 210 (e.g., forwards or backwards), the head controller 120 and/or tail controller 130 is able to estimate dynamic weights being applied. ”) but is silent regarding scanning a sticker on the trailer. Schrader teaches of using a sticker on the trailer as input representing GVW of the trailer (paragraph 29). (Fig. 1, paragraphs 17-29.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the scan structure as described in Schrader into the invention of Viele, as modified, with a reasonable expectation of success in order to reliably obtain trailer data . (Paragraph 29.) With respect to claim 10, Viele, as modified, discloses the adding weights for items loaded on the trailer is facilitated by selecting items from a menu of possible items on the app (paragraph 189 “ Based on the real-time pitch of the automobile 205 and/or trailer 210 measured by the head IMU 122 and/or tail IMU 132 as the cargo is moved on the trailer 210 (e.g., forwards or backwards), the head controller 120 and/or tail controller 130 is able to estimate dynamic weights being applied. In one example, the I/O devices 125 displays the real-time weight estimate via a mobile app on a mobile device as the cargo moves forward or backwards on the trailer 210, thereby enabling the loader to position the cargo correctly on the trailer 210. ”) . (Figs. 1-18, paragraphs 4-36 and 151-269.) Claim 7 is are rejected under 35 U.S.C. 103 as being unpatentable over Viele, Ling and GIaier et al., as applied to claim 1 above, and further in view of Jeffries et al. (US 2013/0317693) . With respect to claim 7, Viele, as modified, discloses the value VSC is obtained by learned parameters (paragraph 186 “ The parameters for this model can come from user input (e.g., length of trailer, weight, etc.), learned parameters (e.g., suspension stiffness) ”) but is silent inputting a VIN. Jeffries et al. teaches of inputting the VIN into the app, whereupon the app obtains information from a lookup table based on the VIN (paragraph 68) . (Figs. 1-11, paragraphs 40-126.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Jeffries et al. into the invention of Viele, as modified, with a reasonable expectation of success in order to share information between the vehicle and mobile app . (Paragraph 68.) Claim s 8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Viele, Ling and GIaier et al., as applied to claim s 1-2 above, and further in view of Bullock et al. (US 2021/0179116) . With respect to claim s 8 and 11 , Viele, as modified, discloses the app is also configured to: receive an input representing GVW of the trailer (paragraph 187 “ Based on the dimensional and other physical characteristics of the automobile 205 and trailer 210 ”; paragraph 207 “ This weight information can include the empty weight of the trailer 210, the weight learned by the control subsystem 115 through operation of the trailer 210, and/or user entered weights ”) ; calculate whether the calculated value for TW is within an acceptable percentage of the GVW of the trailer; and report to the user whether the TW is within or not within the acceptable percentage of the GVW of the trailer (paragraph 187 “ estimated tongue weight can be reported to the user through the I/O devices 125 and/or the control subsystem 115 can take appropriate corrective action ”) . (Figs. 1-18, paragraphs 4-36 and 151-269.) Viele, as modified, is silent regarding the GVWR. Bullock et al. teaches of receive an input representing the GVWR of the vehicle (paragraph 36) ; receive an input representing the GVW of the vehicle (paragraph 42) ; add the GVW of the vehicle and the GVW of the trailer to obtain a combined GVW; compare the combined GVW to the GVWR; and report to the user whether the combined GVW is greater or less than the GVWR (paragraphs 44) ; the app is further configured to provide instructions to the user when the TW is not within the acceptable percentage; and provide instructions to the user when the combined GVW is greater than the GVWR (paragraphs 44) . (Figs. 1-9, paragraphs 17-81.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Bullock et al. into the invention of Viele, as modified, with a reasonable expectation of success in order to notify a user when there is excess cargo . (Paragraph 44 .) Claim s 9 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Viele, Ling and GIaier et al., as applied to claim s 1-2 and 8 above, and further in view of Schrader (US 2005/0173524) . With respect to claim s 9 and 12 , Viele, as modified, discloses the app receiving the input representing the GVWR of the vehicle and the app receiving the input representing the GVW of the vehicle (Bullock et al. paragraphs 36-44) but is silent regarding scanning a sticker on the vehicle . Schrader teaches of using a sticker on the trailer as input representing GVW of the trailer (paragraph 29). (Fig. 1, paragraphs 17-29.) It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the scan structure as described in Schrader into the invention of Viele, as modified, with a reasonable expectation of success in order to reliably obtain trailer data . (Paragraph 29.) Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Viele, Ling and GIaier et al., as applied to claim s 1-2 and 8 above, and further in view of Weigh Safe App, (accessed from the Wayback Machine, pages dated 10/01/2022, https://web.archive.org/web/20221001014447/https://www.weigh-safe.com/weigh-safe-app/ . ) With respect to claims 13-15, Viele, as modified, is silent regarding an app configured to purchase equipment. Weigh Safe App teaches of the app is further configured to provide suggestions to the user on equipment to purchase when the TW is not within the acceptable percentage (page and app details your towing system rating and has products for purchase) ; wherein the app and the equipment to purchase are provided by a company (page and app details dealers and products) ; wherein app is further configured to allow the user to purchase the equipment from the company (page and app details dealers and products) . (See link and screenshot of webpage, below). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the structure as described in Weigh Safe App into the invention of Viele, as modified, with a reasonable expectation of success in order to determine the weight of your towing system and buy available products to result in a safer and smoother experience . (Weigh Safe screenshot, below.) Conclusion The prior art made of record and not relied upon is considered perti nent to applicant's disclosure. The references cited on the PTO-892 form disclose similar features of the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT JAMES A ENGLISH whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)270-7014 . The examiner can normally be reached on FILLIN "Work Schedule?" \* MERGEFORMAT Monday-Saturday . 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, Jason Shanske can be reached on FILLIN "SPE Phone?" \* MERGEFORMAT 571-270-5985 . The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see https://ppair-my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JAMES A ENGLISH/ Primary Examiner, Art Unit 3614
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Prosecution Timeline

Oct 31, 2023
Application Filed
Mar 18, 2026
Non-Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
81%
Grant Probability
90%
With Interview (+9.0%)
2y 2m
Median Time to Grant
Low
PTA Risk
Based on 1145 resolved cases by this examiner. Grant probability derived from career allow rate.

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