DETAILED ACTION
This Final Office Action is in response to the above identified patent application filed on December 15, 2025. Claims 1 – 20 are pending and currently being examined.
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 (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.
Claim(s) 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over (U.S. Patent Number 11,772,569) to Huang in view of (U.S. Patent Design Number 986,120 S) to Smith and (U.S. Patent Number 8,985,418 B1) to Poudrier.
Regarding claim 1, Huang discloses the primary support arm (17) configured to extend through the tow hitch coupled to the towing vehicle, the primary support arm (17) extending along the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3) from the first end to the second end (i.e. Left & Right Ends of (17) in Figure 3), the primary support arm (17) defining the first cavity (Central Aperture Cavity of (17) in Figure 3) at the first end extending along the second primary longitudinal axis (i.e. Center Aperture Linear Axis of (17) in Figure 3) parallel to the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3), the first cavity (i.e. Central Aperture of (17) in Figure 3) includes threading extending inward (See Figure 4), the primary support arm (17) defining the second cavity (i.e. Traverse / Perpendicular Horizontal Cavity for (3) in Figures 3 & 4) extending along the third primary longitudinal axis (i.e. Transvers Perpendicular Horizontal Axis of (17) in Figure 3) perpendicular to each of the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3) and the second primary longitudinal axis (i.e. Central Aperture Axis of o (17) in Figure 3);
the coupling plate (62) defining the first aperture (i.e. Center Portion of (62) in Figure 3);
the fastener (61) extending through the first aperture and into the first cavity (See Figure 4), the fastener (61) threadably engaging the threading in the first cavity, the engagement between the fastener (61) and the primary support arm (17) biasing the coupling plate (62) against the first end.
However, Huang does not explicitly disclose interfacing against the first surface at the first end of the tow hitch, wherein the first surface is perpendicular to the first primary longitudinal axis.
Smith teaches the coupling plate defining the first aperture, the coupling plate interfacing against the first surface (i.e. Side Edge Surface of Tow Hitch in Figure 9) at the first end of the tow hitch, wherein the first surface (i.e. Side Edge Surface of Tow Hitch in Figure 9) is perpendicular to the first primary longitudinal axis; and the primary support arm biasing the coupling plate against the first end of the tow hitch (See Figures 1, 8 & 9).
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It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the coupling plate defining the first aperture, the coupling plate interfacing against the first surface at the first end of the tow hitch, wherein the first surface is perpendicular to the first primary longitudinal axis as taught by Smith with the carrier of Huang because the motivation only requires a simple substitution of one known equivalent coupling plate configuration for another to obtain predictable results.
However, Huang does not explicitly disclose the support platform configured to couple and support to one or more two-wheeled vehicles, the support platform coupled to the second end of the primary support arm.
Poudrier teaches the support platform (2) configured to couple and support to one or more two-wheeled vehicles (i.e. See Bicycle in Figure 1), the support platform (2) coupled to the second end of the primary support arm (81) (See Column 3, lines 27 – 30) (See Figures 1, 3, 4 & 15).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the support platform configured to couple and support to one or more two-wheeled vehicles, the support platform coupled to the second end of the primary support arm as taught by Poudrier with the carrier of Huang because the motivation only requires a simple substitution of one known equivalent carrier configuration for another to obtain predictable results.
Regarding claim 2, Huang discloses the primary support arm (17) comprising the block (See Figure 3) coupled to the first end (i.e. Left End Portion of (17) in Figure 3) of the primary support arm (17), the block (See Figure 3) defining the first cavity (i.e. Middle / Central Aperture Portion of (17) in Figures 3 & 4).
Regarding claim 3, Huang discloses the primary support arm (17) comprising the block (See Figure 3) integrally molded with the first end (i.e. Left End Portion of (17) in Figure 3) of the primary support arm (17), the block (See Figure 3) defining the first cavity (i.e. Middle / Central Aperture Portion of (17) in Figures 3 & 4).
Regarding claim 4, Huang discloses the hitch pin (3) configured to extend through the second cavity (i.e. Traverse / Perpendicular Horizontal Cavity for (3) in Figures 3 & 4).
Regarding claim 5, Huang discloses the hitch pin (3) interfaces against the tow hitch (8) to bias the primary support art (17) away from the first end of the tow hitch (8) the second end (See Figures 1, 2, 3, 4 & 5).
Regarding claim 6, Huang discloses the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3) is colinear with the second primary longitudinal axis (i.e. Central Aperture Linear Axis of (17) in Figure 3).
Regarding claim 7, Huang discloses the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3) is colinear with the second primary longitudinal axis (i.e. Central Aperture Linear Axis of (17) in Figure 3).
Regarding claim 8, Huang discloses the coupling plate (62) is the first non-zero distance from the primary support arm (17) when the fastener (61) is threadably engaged with the first cavity (18) thereby rigidly coupling the coupling plate (62) against the two hitch (16) (See Figures 3 & 4).
Regarding claim 9, Huang discloses the primary support arm (17) at the first end defines the horizontal diameter (See Figure 3) parallel to the third primary longitudinal axis (i.e. Traverse / Perpendicular Horizontal Axis adjacent (3) in Figures 3 & 4).
However, Huang does not explicitly disclose wherein the horizontal diameter is between 1.4 inches and 1.6 inches.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the horizontal diameter is between 1.4 inches and 1.6 inches, 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.
Regarding claim 10, Huang discloses wherein the primary support arm (17) at the first end defines the vertical diameter perpendicular to each of the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3), the second primary longitudinal axis (i.e. Central Linear Axis of (17) in Figure 3), and the third primary longitudinal axis (i.e. Traverse / Perpendicular Horizontal Axis adjacent (3) in Figures 3 & 4).
However, Huang does not explicitly disclose wherein the vertical diameter is between 1.4 inches and 1.6 inches.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the vertical diameter is between 1.4 inches and 1.6 inches, 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.
Regarding claim 11, Huang discloses the carrier (See Figure 1) for detachably coupling to the vehicle, the carrier (See Figure 1) comprising:
the primary support arm (17) configured to extend through the tow hitch coupled to the towing vehicle, the primary support arm (17) extending along the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3) from the first end (i.e. Left End of (17) in Figure 3) to the second end (i.e. Right End of (17) in Figure 3), the primary support arm (17) defining the first cavity (i.e. Central Aperture of (17) in Figure 3) at the first end (i.e. Left End of (17) in Figures 3 & 4) extending along the second primary longitudinal axis (i.e. Central Aperture Linear Axis of (17) in Figure 3) parallel to the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3), the first cavity (i.e. Central Aperture of (17) in Figure 3) defining threading extending inward, the primary support arm (17) defining the second cavity (i.e. Traverse Perpendicular Horizontal Aperture of (17) in Figure 3) extending along the third primary longitudinal axis (i.e. Traverse / Perpendicular Horizontal Axis adjacent (3) in Figures 3 & 4) perpendicular to each of the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3) and the second primary longitudinal axis (i.e. Central Aperture Linear Axis of (17) in Figure 3);
the hitch pin (3) extending through the second cavity and the first aperture in the tow hitch (16);
the coupling plate (62) defining the second aperture (i.e. Central Aperture of (62) in Figure 3);
the fastener (61) extending through the second aperture, the fastener (61) engaging the primary support arm, the engagement between the fastener and the primary support arm (17) biasing the coupling plate against the tow hitch.
However, Huang does not explicitly disclose wherein the coupling plate extends normal to the first primary longitudinal axis.
Smith teaches wherein the coupling plate extends normal to the first primary longitudinal axis (See Figure 1).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make wherein the coupling plate extends normal to the first primary longitudinal axis as taught by Smith with the carrier of Huang because the motivation only requires a simple substitution of one known equivalent coupling plate configuration for another to obtain predictable results.
However, Huang does not explicitly disclose the support platform configured to couple and support to one or more two-wheeled vehicles, the support platform coupled to the second end of the primary support arm.
Poudrier teaches the support platform (2) configured to couple and support to one or more two-wheeled vehicles (i.e. See Bicycle in Figure 1), the support platform (2) coupled to the second end of the primary support arm (81) (See Column 3, lines 27 – 30) (See Figures 1, 3, 4 & 15).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the support platform configured to couple and support to one or more two-wheeled vehicles, the support platform coupled to the second end of the primary support arm as taught by Poudrier with the carrier of Huang because the motivation only requires a simple substitution of one known equivalent carrier configuration for another to obtain predictable results.
Regarding claim 12, Huang discloses wherein the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3) is colinear with the second primary longitudinal axis (i.e. Linear Axis of Central Aperture of (17) in Figure 3), wherein the engagement between the fastener (61) and the primary support arm (17) biases the first surface of the coupling plate (62).
Furthermore, Huang as modified by Smith discloses wherein the engagement between the fastener (i.e. Long Threaded Bolt) and the primary support arm biases the first surface of the coupling plate against the tow hitch, wherein the first surface is perpendicular to the first primary longitudinal axis (See Figure 9).
Regarding claim 13, Huang discloses wherein the coupling plate (62) is separated from the primary support arm (17) the first distance when the fastener (61) is engaged with the primary support arm (17) thereby rigidly coupling the coupling plate (62) (See Figures 3 & 4).
Furthermore, Huang as modified by Smith wherein the coupling plate is separated from the primary support arm the first distance when the fastener (i.e. Bolt in Figure 9) is engaged with the primary support arm thereby rigidly coupling the coupling plate against the tow hitch (See Figure 9).
Regarding claim 14, Huang discloses wherein the primary support arm (17) at the first end defines the horizontal diameter parallel to the third primary longitudinal axis (i.e. Traverse / Perpendicular Horizontal Axis adjacent (3) in Figures 3 & 4).
However, Huang does not explicitly disclose wherein the horizontal diameter is between 1.45 inches and 1.55 inches.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the horizontal diameter is between 1.45 inches and 1.55 inches, 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.
Regarding claim 15, Huang discloses wherein the primary support arm (17) at the first end defines the vertical diameter perpendicular to each of the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3), the second primary longitudinal axis (i.e. Central Aperture Linear Axis of (17) in Figure 3), and the third primary longitudinal axis (i.e. Traverse / Perpendicular Horizontal Axis adjacent (3) in Figures 3 & 4).
However, Huang does not explicitly disclose wherein the vertical diameter is between 1.45 inches and 1.55 inches.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the vertical diameter is between 1.45 inches and 1.55 inches, 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.
Regarding claim 16, Huang discloses the method steps of comprising: sliding the primary support arm (17) through the tow hitch (8) (See Figures 3, 4 & 5), the primary support arm (17) extending along the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3) from the first end to the second end (See Figure 3), the primary support arm (17) defining the first cavity (i.e. Central Aperture of (17) in Figure 3) at the first end extending along the second primary longitudinal axis (i.e. Central Aperture Linear Axis of (17) in Figure 3) parallel to the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3), the first cavity (i.e. Central Aperture of (17) in Figure 3) defining threading (i.e. Threaded Aperture of (17) to mate w/ (61) in Figure 4), the primary support arm (17) defining the second cavity (i.e. Traverse Perpendicular Horizontal Axis of (17 & 16) in Figure 3) extending along the third primary longitudinal axis (i.e. Traverse / Perpendicular Horizontal Axis adjacent (3) in Figures 3 & 4) perpendicular to each of the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3) and the second primary longitudinal axis (i.e. Central Aperture Linear Axis of (17) in Figure 3);
extending the hitch pin (3) through the second cavity (i.e. Traverse Perpendicular Horizontal Axis of (17) in Figure 3) and the first aperture (i.e. Traverse Perpendicular Aperture of (16) in Figure 3) in the tow hitch (8) (See Figures 3, 4 & 5);
extending the fastener (61) through the first aperture (i.e. Central Aperture of (62)in Figure 3) of the coupling plate (62) and into the first cavity (i.e. Central Aperture of (17) in Figures 3 & 4), the fastener (61) and the threading in the first cavity (i.e. Central Aperture of (17) in Figures 3 & 4) threadably engaging such that the coupling plate (62) is biased against the tow hitch (8).
However, Huang does not explicitly disclose wherein the coupling plate extends normal to the first primary longitudinal axis.
Smith teaches wherein the coupling plate extends normal to the first primary longitudinal axis.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the coupling plate extends normal to the first primary longitudinal axis as taught by Smith with the carrier of Huang because the motivation only requires a simple substitution of one known equivalent coupling plate configuration for another to obtain predictable results.
However, Huang does not explicitly disclose the method steps of securing one or more two-wheeled vehicles to the support platform coupled to the second end of the primary support arm.
Poudrier teaches the method steps of securing one or more two-wheeled vehicles (i.e. See Bicycle in Figure 1) to the support platform (2) coupled to the second end of the primary support arm (81) (See Column 3, lines 27 – 30) (See Figures 1, 3, 4 & 15).
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the method steps of securing one or more two-wheeled vehicles to the support platform coupled to the second end of the primary support arm as taught by Poudrier with the carrier of Huang because the motivation only requires a simple substitution of one known equivalent carrier configuration for another to obtain predictable results.
Regarding claim 17, Huang discloses the method steps of wherein the first primary longitudinal axis is colinear with the second primary longitudinal axis, wherein the engagement between the fastener and the primary support arm biases the first surface of the coupling plate (62).
Furthermore, Huang as modified by Smith discloses wherein the engagement between the fastener (i.e. Bolt in Figure 9) and the primary support arm biases the first surface of the coupling plate against the tow hitch, where the first surface is perpendicular to the first primary longitudinal axis (See Figure 9).
Regarding claim 18, Huang discloses the method steps of wherein the coupling plate (62) is separated from the primary support arm (17) the first distance when the fastener (61) is engaged with the primary support arm (17) thereby rigidly coupling the coupling plate (62) (See Figures 3 & 4).
Furthermore, Huang as modified by Smith discloses the method steps of wherein the coupling plate is separated from the primary support arm the first distance when the fastener is engaged with the primary support arm thereby rigidly coupling the coupling plate against the tow hitch (See Figure 9).
Regarding claim 19, Huang discloses the method steps of wherein the primary support arm (17) at the first end defines the horizontal diameter parallel to the third primary longitudinal axis (i.e. Traverse / Perpendicular Horizontal Axis adjacent (3) in Figures 3 & 4).
However, Huang does not explicitly disclose the method steps of wherein the horizontal diameter is 1.5 inches.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the method steps of the horizontal diameter is 1.5 inches, 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.
Regarding claim 20, Huang discloses the method steps of wherein the primary support arm (17) at the first end defines the vertical diameter perpendicular to each of the first primary longitudinal axis (i.e. Linear Axis of (17) in Figure 3), the second primary longitudinal axis (i.e. Central Aperture Linear Axis of (17) in Figure 3), and the third primary longitudinal axis (i.e. Traverse / Perpendicular Horizontal Axis adjacent (3) in Figures 3 & 4).
However, Huang does not explicitly disclose the method steps of wherein the vertical diameter is 1.5 inches.
It would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to make the method steps of the vertical diameter is 1.5 inches, 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.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 – 20 have been considered but are moot in view of the new grounds of rejection.
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.
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/L.L.V/Examiner, Art Unit 3734
/NATHAN J NEWHOUSE/Supervisory Patent Examiner, Art Unit 3734