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 Objections
Claim 2 is objected to because of the following informalities:
Claim 2, line 3 recites the limitation “at small yaw angles” which should be changed to “at the small yaw angles”.
Claim 2, line 4 recites the limitation “at small yaw angles” which should be changed to “at the small yaw angles”.
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 8 – 11 and 13 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 8, line 2 recites the limitations “a first four bar linkage” and “a second four bar linkage”, however, claim 4, line 4 positively recites “a bar of the mechanical linkage”. Therefore, it is unclear whether “a first four bar linkage” and/or “a second four bar linkage” is part of “a bar” in claim 4 or separate structural limitations.
Claim 8, line 5 recites the limitation “its”, however, such limitation renders the claim indefinite and unclear as to what “its” refers to.
Claim 13, line 2 recites the limitation “its”, however, such limitation renders the claim indefinite and unclear as to what “its” refers to.
Regarding claim 13, the phrase "or the like" renders the claim(s) indefinite because the claim include elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claim unascertainable. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 3 and 12 – 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hermbusch (DE 3400328 A1).
For claim 1, Hermbusch discloses an apparatus for connecting a trailer 2to a vehicle 1 for towing, the apparatus comprising:
a vehicle-trailer coupling 4 [including a vehicle coupling 10 and a trailer coupling (tip of drawbar 5)] (page 18, paragraph [0046]) and [having a vertical centreline] (located at center of pivot pin 31); wherein the vehicle-trailer coupling provides no relative motion at all, but is locked in all six degrees of freedom] (page 24, paragraph [0063], via a locking device 23);
a mechanical linkage 8, 12, 13 that generates a virtual yaw pivot 20 and that is configured to permit relative movement between the vehicle and the trailer about at least a yaw axis; and
a switchable yaw pivot 31; [wherein the mechanical linkage is configured to constrain the location of the virtual yaw pivot to be, in use, at or forward of the vertical centreline of the vehicle-trailer coupling, at least for small yaw angles] (figs. 1 – 3); and [wherein the switchable yaw pivot is switchable between an unlocked position, where movement in yaw of one part of the apparatus relative to a remaining part of the apparatus about the switchable yaw pivot is permitted] (pages 29 and 30, paragraph [0075]), and [a locked position, where movement of the one part of the apparatus relative to the remaining part of the apparatus about the switchable yaw pivot is not permitted] (page 33, paragraph [0083]).
For claim 2, Hermbusch discloses the apparatus [wherein the vehicle has a rear face which is a vertical plane coincident with a rearmost extremity of the vehicle, and the location of the virtual yaw pivot is at or forward of a rear face of the vehicle at small yaw angles] (figs. 1 – 3).
For claim 3, Hermbusch discloses the apparatus wherein the mechanical linkage includes a bar 5 connected to the trailer and two connecting bars 12, 13, [the mechanical linkage being configured to constrain the location of the virtual yaw pivot to be, in use, at or forward of the vehicle-trailer coupling at small yaw angles] (figs. 1 – 3).
For claim 12, Hermbusch discloses the apparatus [wherein the switchable yaw pivot is arranged to switch to the locked state automatically on the vehicle pulling the trailer into a straight-ahead direction aligning the trailer with the vehicle] (page 32, paragraph [0082]).
For claim 13, Hermbusch discloses the apparatus [wherein the switchable yaw pivot must be held in its unlocked position by a person and will, under the influence of a spring or the like, revert to the locked position as soon released by the person and the vehicle is aligned with the trailer] (page 33, paragraph [0083]).
For claim 14, Hermbusch discloses the apparatus wherein the switchable yaw pivot includes: a block 22 [coupled to or forming part of the mechanical linkage] (fig. 7) and a pivot pin 31 [pivotally coupling the block to the vehicle-trailer coupling] (figs. 4 and 5); and a locking mechanism 23 [for releasably locking the block from movement about the pivot pin relative to vehicle-trailer coupling] (page 26, paragraph [0068] and page 32, paragraph [0082]).
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.
Claim 4 – 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hermbusch (DE 3400328 A1) in view of Sallis (US 4,106,794 A).
For claim 4, Hermbusch does not explicitly disclose the apparatus, including a pitch pivot for providing relative movement between the vehicle and the trailer about a pitch axis wherein the pitch pivot provides for relative movement between the vehicle and the trailer about the pitch axis by allowing a bar of the mechanical linkage to rotate in pitch relative to the vehicle.
Sallis discloses towing vehicle 10; a trailer 12; a towing apparatus comprising [four elongate bars 36, 38; upper members 28 and lower members 32 of the towing vehicle; corresponding members 30 and lower members 34 of the trailer] (col. 3, lines 57 – 68), [the respective upper members, lower members, and elongate bars form a multiple bar linkage providing pitch pivot] (figs. 9 and 10).
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 members and bars of Sallis in place of the arms and ball couplings of Hermbusch with a reasonable expectation of success because it would allow for producing a virtual or instantaneous pivot point for both lateral and vertical force components, thus eliminating pronounced leverage effects of lateral sway and vertical bounce.
For claim 5, Hermbusch does not explicitly disclose the apparatus including a pitch pivot for providing relative movement between the vehicle and the trailer about a pitch axis wherein the pitch pivot provides for relative movement between the vehicle and the trailer about the pitch axis by allowing a bar of the mechanical linkage to rotate in pitch relative to the trailer.
Sallis discloses towing vehicle 10; a trailer 12; a towing apparatus comprising [four elongate bars 36, 38; upper members 28 and lower members 32 of the towing vehicle; corresponding members 30 and lower members 34 of the trailer] (col. 3, lines 57 – 68), [the respective upper members, lower members, and elongate bars form a multiple bar linkage providing pitch pivot] (figs. 9 and 10).
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 members and bars of Sallis in place of the arms and ball couplings of Hermbusch with a reasonable expectation of success because it would allow for producing a virtual or instantaneous pivot point for both lateral and vertical force components, thus eliminating pronounced leverage effects of lateral sway and vertical bounce.
For claim 6, Hermbusch does not explicitly disclose the apparatus including a pitch pivot for providing relative movement between the vehicle and the trailer about a pitch axis wherein the pitch pivot provides for relative movement between the vehicle and the trailer about the pitch axis by the mechanical linkage incorporating two or more ball joints.
Sallis discloses towing vehicle 10; a trailer 12; a towing apparatus comprising [four elongate bars 36, 38; upper members 28 and lower members 32 of the towing vehicle; corresponding members 30 and lower members 34 of the trailer] (col. 3, lines 57 – 68), [the respective upper members, lower members, and elongate bars form a multiple bar linkage providing pitch pivot] (figs. 9 and 10).
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 members and bars of Sallis in place of the arms and ball couplings of Hermbusch with a reasonable expectation of success because it would allow for producing a virtual or instantaneous pivot point for both lateral and vertical force components, thus eliminating pronounced leverage effects of lateral sway and vertical bounce.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Hermbusch (DE 3400328 A1) in view of Hinckley (US 4,019,754 A).
For claim 7, Hermbusch does not explicitly disclose the apparatus including a roll pivot for relative movement between the vehicle and the trailer about a roll axis wherein the roll pivot provides for relative movement between the vehicle and the trailer about the roll axis by allowing the mechanical linkage to rotate about the roll axis relative to the vehicle.
Hinkley discloses a motor vehicle 30; a trailer 31; and a connecting device 199 comprising rotary connector 188 accommodating rolling of the trailer with respect to the motor vehicle] (col. 6, lines 33 – 38).
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 rotary connector of Hinckley with the apparatus of Hermbusch with a reasonable expectation of success because it would allow for movement of the coupling, thus improving overall traversal of terrain.
Allowable Subject Matter
Claims 8 – 11 would be allowable if rewritten to overcome the rejections 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 a first four bar linkage and a second four bar linkage, wherein the pitch pivot provides for relative movement between the vehicle and the trailer about the pitch axis by use of the second four-bar linkage, arranged such that the bars lie in a substantially vertical fore-aft plane.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DE-3410486 – comprising a trailer; a vehicle; a coupling device; and four-bar linkage.
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/JACOB D KNUTSON/Primary Examiner, Art Unit 3611