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 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.
Claims 13 and 16 – 18 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 13 recites the limitation "the extension structure" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 16, line 7 recites the limitation “into one puck socket”, however, claim 14, lines 8 – 9 positively recites “at least one puck socket”. Therefore, it is unclear whether the “one puck socket” is part of the “at least one puck socket” or a different limitation.
Claim 16, line 8 recites the limitation “into a second puck socket”, however, claim 14, lines 8 – 9 positively recites “at least one puck socket”. Therefore, it is unclear whether the “a second puck socket” is part of the “at least one puck socket” or a different limitation.
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, 11, 13, 14, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Borkholder (US 2023/0061552 A1).
For claim 1, Borkholder discloses an offset gooseneck ball hitch 10 comprising:
a shank 30 [vertically receivable within a vertical gooseneck socket 104] (page 2, paragraph [0013]) in a bed 102 of a pickup truck 100, [the shank defining a shank axis 42] (fig. 5);
a ball 60 [above a neck secured relative to the shank] (fig. 5, via offset block 62 and base plate 70), [the ball and neck defining a ball axis offset from the shank axis] (fig. 5); and
a frame connection structure 70, 72, 74 having an anchor 72, 74 [adapted to mate into at least one puck socket 106] (pages 2 and 3, paragraph [0014]) [in the bed of the pickup truck] (fig. 7, page 2, paragraph [0011]), [the frame connection structure allowing the distance and/or orientation of the anchor relative to the shank to be adjusted so the offset gooseneck ball hitch can mate into at least two different puck spacings relative to the vertical gooseneck socket] (page 2, paragraph [0011], “the spacing of the receivers 106, 108 to each other and to the center socket 104 can vary between vehicles”). 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 a different sized gooseneck ball hitch and subsequent frame connection structure dependent upon the varying spacing as disclosed in Borkholder with a reasonable expectation of success because it would require minimal skill in the art to modify relative dimensions while allowing for evenly distributing towing loads, thus reducing potential catastrophic failure.
For claim 11, Borkholder modified as above discloses the offset gooseneck ball hitch wherein the anchor comprises a downwardly directed T-bolt 76 and an anchor handle 78 [for turning the T-bolt within the puck socket] (pages 2 and 3, paragraph [0014]).
For claim 13, Borkholder modified as above discloses the offset gooseneck ball hitch wherein an extension structure comprises a ball 32 moved laterally by a paddle 36, the paddle having a handle 52 [accessible outside the vertical gooseneck socket] (fig. 5).
For claim 14, Borkholder discloses a method of securing an offset gooseneck ball hitch 10 in a bed 102 of a pickup truck 100, the method comprising:
[positioning a shank 30 within a vertical gooseneck socket 104 in the bed of the pickup truck] (page 2, paragraph [0013]), [the shank defining a shank axis] (fig. 5), the shank supporting a ball 60 [above a neck secured relative to the shank] (fig. 5, via offset block 62 and base plate 70), [the ball and neck defining a ball axis offset from the shank axis] (fig. 5); and
[securing the ball against rotation about the shank axis by a frame connection structure 70, 72, 74] (pages 2 and 3, paragraph [0014]),
the frame connection having an anchor 72, 74 [adapted to mate into at least one puck socket in the bed of the pickup truck] (pages 2 and 3, paragraph [0014]),
[the frame connection structure allowing the distance and/or orientation of the anchor relative to the shank to be adjusted so the offset gooseneck ball hitch can mate into at least two different puck spacings relative to the vertical gooseneck socket] (page 2, paragraph [0011], “the spacing of the receivers 106, 108 to each other and to the center socket 104 can vary between vehicles”). 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 a different sized gooseneck ball hitch and subsequent frame connection structure dependent upon the varying spacing as disclosed in Borkholder with a reasonable expectation of success because it would require minimal skill in the art to modify relative dimensions while allowing for evenly distributing towing loads, thus reducing potential catastrophic failure.
For claim 19, Borkholder modified as above discloses the method wherein the anchor comprises a downwardly directed T-bolt 76 and an anchor handle 78 [for turning the T-bolt within the puck socket, and wherein the method comprises using the anchor handle to turn the T-bolt within the puck socket] (pages 2 and 3, paragraph [0014]).
For claim 20, Borkholder discloses an offset gooseneck ball hitch 10 comprising:
a shank 30 [vertically receivable within a vertical gooseneck socket] (page 2, paragraph [0013]) in a bed 102 of a pickup truck 100, [the shank defining a shank axis] (fig. 5);
an offset body 62, 70 supporting a ball 60 [above a neck relative to the shank] (pages 2 and 3, paragraph [0014]), [the ball and neck defining a ball axis offset from the shank axis] (fig. 5);
a frame connection structure 70, 72, 74 comprising:
a driver side transverse anchor assembly 72 having a driver side anchor 72 [adapted to mate into a first puck socket 106 in the bed of the pickup truck] (pages 2 and 3, paragraph [0014]);
a passenger side transverse anchor assembly 74 having a passenger side anchor 74 [adapted to mate into a second puck socket 106 in the bed of the pickup truck] (pages 2 and 3, paragraph [0014]); and
a longitudinal connection weldment 36 [securable to the driver side transverse anchor assembly, to the passenger side transverse anchor assembly, and to the offset body] (page 2, paragraph [0012], via central aperture 48);
[the frame connection structure allowing the offset gooseneck ball hitch to mate into at least two different puck spacings relative to the vertical gooseneck socket] (page 2, paragraph [0011], “the spacing of the receivers 106, 108 to each other and to the center socket 104 can vary between vehicles”). 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 a different sized gooseneck ball hitch and subsequent frame connection structure dependent upon the varying spacing as disclosed in Borkholder with a reasonable expectation of success because it would require minimal skill in the art to modify relative dimensions while allowing for evenly distributing towing loads, thus reducing potential catastrophic failure.
Allowable Subject Matter
Claims 2 – 10, 12, and 15 are 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.
Claims 16 – 18 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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: the prior art fails to disclose:
For claims 2 – 10 and 16 – 18: a driver side transverse anchor assembly; a passenger side transverse anchor assembly being adapted to mate and secure with the driver side transverse anchor assembly at any of a plurality of transverse spacings; and a longitudinal connection weldment securable at a middle position of the mating transverse anchor assemblies at any of the plurality of transverse spacings; or
For claim 12: the shank comprises at least one extension structure movable between an insertion position where the extension structure is within a profile of the shank for insertion into the vertical gooseneck socket and a securing position wherein the extension structure is outside the profile of the shank to retain the shank within the vertical gooseneck socket; or
For claim 15: sliding the offset body relative to the frame connection structure; and securing the offset body at a selected position which corresponds to spacing between the puck socket and the vertical gooseneck socket.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20220072919 – comprising an under bed hitch mounting apparatus comprising a first bracket; a second bracket; a first receiving member; an accessory member; and a second receiving member;
US-6695338 – comprising a hitch assembly comprising a cross member; “Z” plates; safety chain loops; receiver cylinder; and a ball hitch; and
US-6158761 – comprising a mounting apparatus comprising a transverse main rail; a first and second longitudinal main rail; a support member; and a trailer hitch.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacob D. Knutson whose telephone number is (571)270-5576. The examiner can normally be reached 8:00 am - 4:00 pm.
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.
/JACOB D KNUTSON/Primary Examiner, Art Unit 3611
Prosecution Insights