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 .
Drawings
The subject matter of this application admits of illustration by a drawing to facilitate understanding of the invention. Applicant is required to furnish a drawing under 37 CFR 1.81(c). No new matter may be introduced in the required drawing. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d).
There were no drawings found in the Application file. The lack of Drawings amounts to a Drawing Objection.
For purposes of Examination the drawings published with EP 4 347 365 have been relied upon for examination.
Specification
The disclosure is objected to because of the following informalities: “70 Guid structure” (page 14 in the list of reference signs) should be changed to -- 70 Guide structure -- .
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.
Claims 16-35 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.
The claims are replete with indefinite language. The following list should not be considered an exhaust list of all indefinite language. Applicant should verify the claims for definiteness.
Claims 16 and 31 recites the limitation "the clutch position" in line 16 of Claims 16 and 31. There is insufficient antecedent basis for this limitation in the claim. It is believed that Applicant intended to claim the “locking position” from line 14. For purposes of examination “the clutch position” has been examined as -- the locking position -- .
Claim 18 recites the limitation "the actuator" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 17, however, provides proper antecedent basis “an actuator”. For purposes of examination Claim 18 has been examined to have depended from Claim 17.
Claim 19 recites, “the locking device comprises a locking member including a locking pin and/or a locking structure, and wherein the locking member and the locking structure are formed complementary to each other.” The “and/or” means the “locking structure” is not required if a “locking pin” is found. Therefore “wherein the locking member and the locking structure are formed complementary to each other” is indefinite due to the “locking structure” not being required. The examiner suggests -- the locking device comprises a locking member including a locking pin and a locking structure, and wherein the locking member and the locking structure are formed complementary to each other. --
Claim 20 recites the limitation "the locking arrangement" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "the displacement direction" in lines 1 and 2. There is insufficient antecedent basis for this limitation in the claim. Claim 20, however, provides proper antecedent basis “the release position along a displacement direction”. For purposes of examination Claim 21 has been examined to have depended from Claim 20.
Claims 22 recites the limitation "the locking structure" in line 16 of Claims 16 and 31. There is insufficient antecedent basis for this limitation in the claim.
Claims 24 recites the limitation "the counterpart" in the last line of Claims 24. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
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.
Claim(s) 16-23 and 30-33, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 8,177,559 issued to Alguera Gallego et al. in view of U.S. Patent No. 8,770,612 issued to Wendte et al.
Regarding Claim 16, Alguera Gallego et al. teach in Figures 1-3 and respective portions of the specification of a plug-in coupling system (Figure 1) for a tractor fifth wheel assembly trailer assembly (Figure 3), comprising:
a primary coupling device (2), a secondary coupling device (5;
wherein the primary coupling device (2) comprises a plug console (4, 13) with transmission contacts (4, 13);
wherein the transmission contacts point in a plug-in direction (8);
wherein the secondary coupling device (5) comprises a connection console (21);
wherein the plug-in coupling system (1) is configured such that the plug console (4, 13) and the connection console (21) are connected to each other in a coupling position such that information and/or energy can be transmitted directly or indirectly between the plug console and the connection console (see Col. 3, lines 66 through Col. 4, line 2);
wherein the plug-in coupling system (1) is configured such that the plug console (4, 13) and the connection console (21) is configured to be transferred into a disconnecting position (Figure 3 shows the disconnecting position),
wherein in the disconnecting position no information and/or energy can be transmitted directly or indirectly between the plug console (4, 13) and the connection console (21)—when in the disconnecting position of Figure 3 no information or energy is transfered;
wherein the plug-in direction (8) is oriented parallel (see Figure 3) to a retraction direction of a fifth-wheel coupling plate (17).
Alguera Gallego et al. disclose the claimed invention except for showing a locking device configured such that in a locking position the locking device prevents a transfer from the coupling position to the disconnecting position in a form-fitting manner, and in a release position the locking device allows a transfer from the locking position to the disconnect position.
Wendte et al. teaches of a plug-in coupling system for a hitch system for a tractor that includes a primary coupling device (29), a secondary coupling device (27), and a locking device (41);
wherein the primary coupling device (29) comprises a plug console (the tractor connector bank assembly 29) with transmission contacts (the electric 11 and hydraulic 13 system contacts); wherein the transmission contacts point in a plug-in direction (see Figure 1); wherein the secondary coupling device (27) comprises a connection console (the implement connector bank assembly 27); where the locking device (41) is configured such that in a locking position (“locked position” Col. 4, line 34) the locking device prevents (by the engagement of slot 47 with post 49) a transfer from the coupling position to the disconnecting position in a form-fitting manner (the engagement of slot 47 is a form-fitting engagement with post 49), and in a release position (“unlocked position” Col. 4, line 31) the locking device allows a transfer from the locking position to the disconnect position—see Figures 1 and 2 and Col. 4, lines 14-41.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a locking device, as taught by Wendte et al., for the plug-in coupling taught by Alguera Gallego et al. One would be motivated to provide a locking device to prevent the primary and secondary coupling devices from unintendedly becoming separated during operation of the vehicle.
Regarding Claim 17, Alguera Gallego et al. does not teach for the modified invention the locking device comprises an actuator configured to transfer the locking device into the locking position or into the release position.
Wendte et al. teaches of an actuator (45) configured to transfer the locking device (41) between the locking position and the release position—see Col. 4, lines 20-26.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a locking device with an actuator, as taught by Wendte et al., for the plug-in coupling taught by Alguera Gallego et al. One would be motivated to provide a locking device to prevent the primary and secondary coupling devices from unintendedly becoming separated and an actuator to allow a user to automatically lock and unlock the locking device.
Regarding Claim 18, Wendte et al. teaches for the modified invention that the actuator is a motor (45) but does not explicitly state if the motor is a linear motor. However, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to use a linear motor as an obvious design choice for the motor (45) taught by Wendte et al. for the modified invention.
Regarding Claim 19, Wendte et al. teaches for the modified invention that the locking device (41) comprises a locking member (49) including a locking pin (49) and/or a locking structure (47), and wherein the locking member and the locking structure are formed complementary to each other (the locking pin fits within the complementary locking channel 47).
Regarding Claim 20, Wendte et al. teaches for the modified invention that the locking device is mounted such that the locking member (49) is configured to be displaced by a translatory movement from the locking position (when channel 47 engages pin 49) into the release position along a displacement direction by the actuator (45).
Regarding Claim 21, Wendte et al. teaches for the modified invention that the displacement direction is transverse to the plug-in direction—Figure 2 of Wendte et al. shows the channel is transverse to the trailer and thus the plug-in direction.
Regarding Claim 22, Wendte et al. teaches for the modified invention the locking structure includes a groove (channel 47) or a recess for receiving the locking member (49) or a protrusion.
Regarding Claim 23, Alguera Gallego et al. teach at least one of the primary coupling device and the secondary coupling device comprises a guide structure that includes a guide mandrel—see the spindle end portions of guide rails 12 on the secondary coupling device (2).
Regarding Claim 30, Alguera Gallego et al. teach a fifth wheel assembly (Figure 3) comprising the plug-in coupling system according to claim 16 and the fifth-wheel coupling plate (17).
Regarding Claim 31, Alguera Gallego et al. teach in Figures 1-3 and respective portions of the specification a fifth wheel coupling (Figure 3), comprising: a fifth wheel coupling plate (17); and a plug-in coupling system (1), comprising: a primary coupling device (2) including a plug console with transmission contacts (4, 13) that point in a plug-in direction (8) that is substantially parallel (see Figure 3) to a retraction direction of the fifth wheel coupling plate (17), and a secondary coupling device (5) including a connection console (21), wherein the plug console (4, 13) and the connection console (21) are movable between a connected position (see Col. 3, lines 66 through Col. 4, line 2) where information and/or energy can be transmitted directly or indirectly between the plug console (4, 13) and the connection console (21), and a disconnected position (Figure 3) no information and/or energy can be transmitted directly or indirectly between the plug console (4, 13) and the connection console (21).
Alguera Gallego et al. disclose the claimed invention except for showing a locking device movable between a locking position where the locking device prevents a transfer from the coupling position to the disconnecting position in a form-fitting manner, and in a release position where the locking device allows a transfer from the clutch position to the disconnect position, wherein the locking device includes an actuator configured to transfer the locking device between the locking position and the release position.
Wendte et al. teaches of a plug-in coupling system for a hitch system for a tractor that includes a primary coupling device (29), a secondary coupling device (27), and a locking device (41); wherein the primary coupling device (29) comprises a plug console (the tractor connector bank assembly 29) with transmission contacts (the electric 11 and hydraulic 13 system contacts); wherein the transmission contacts point in a plug-in direction (see Figure 1); wherein the secondary coupling device (27) comprises a connection console (the implement connector bank assembly 27); where the locking device (41) is configured such that in a locking position (“locked position” Col. 4, line 34) the locking device prevents (by the engagement of slot 47 with post 49) a transfer from the coupling position to the disconnecting position in a form-fitting manner (the engagement of slot 47 is a form-fitting engagement with post 49), and in a release position (“unlocked position” Col. 4, line 31) the locking device allows a transfer from the locking position to the disconnect position—see Figures 1 and 2 and Col. 4, lines 14-41.
Wendte et al. further teaches of an actuator (45) configured to transfer the locking device (41) between the locking position and the release position—see Col. 4, lines 20-26.
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to provide a locking device with an actuator, as taught by Wendte et al., for the plug-in coupling taught by Alguera Gallego et al. One would be motivated to provide a locking device to prevent the primary and secondary coupling devices from unintendedly becoming separated and an actuator to allow a user to automatically lock and unlock the locking device.
Regarding Claim 32, Wendte et al. teaches for the modified invention that the actuator is a motor (45) but does not explicitly state if the motor is a linear motor. However, it would have been obvious to one having ordinary skill in the art at the time the invention was filed to use a linear motor as an obvious design choice for the motor (45) taught by Wendte et al. for the modified invention.
Regarding Claim 33, Wendte et al. teaches for the modified invention that the locking device (41) comprises a locking member (49) and a locking structure (47), and wherein the locking member and the locking structure are formed complementary to each other (the locking pin fits within the complementary locking channel 47).
Allowable Subject Matter
Claim 24-29, 34 and 35 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 primary reason for the indication of allowable subject matter in this case is the inclusion of: in re claims 24-26 where at least one of the primary coupling device and the secondary coupling device includes a receiving structure for receiving or guiding the guide structure, where the receiving structure in the release position allows for an insertion of the guide structure by elastic deformation, and where the receiving structure in the locking position prevents an engaging counterpart from being executed in a form-fitting manner; in re Claims 27-28 and 34 where a secondary locking device, configured, in its locking position, the secondary locking device prevents a transfer from the coupling position to the disconnecting position in a form- or force-fitting manner, and in a release position a transfer from the coupling position to the disconnecting position is permitted; in re Claims 29 and 35, where at least one of the primary coupling device and the secondary coupling device includes a drive configured to transfer the primary coupling device and/or the secondary coupling device by a translatory movement in the plug-in direction from the coupling position to the disconnecting position and/or from the disconnecting position to the coupling position, in combination with the other elements recited, not found in the prior art of record.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN L SWENSON whose telephone number is (571)270-5572. The examiner can normally be reached Monday - Friday (9-5).
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, Allen Shriver can be reached at (303) 297-4337. 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.
BRIAN SWENSON
Primary Examiner
Art Unit 3618
/BRIAN L SWENSON/Primary Examiner, Art Unit 3613
Prosecution Insights