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 .
Status of the Claims
Applicant’s amendment filed 7/28/26 (hereinafter “Response”) has been entered Examiner notes that claims 1, 5, and 7 – 20 have been amended and claims 2 – 4 and 6 have been cancelled.
Claim Objections
The claim objections raised in the non-final office action (hereinafter “Office Action”) are withdrawn based on the amendments to the claims submitted in the Response.
Claim Rejections – 35 USC § 112
Based on the amendments and arguments presented in the Response, the 112(b) rejection is withdrawn for claims 6, 9 – 11, 12, 15 – 17, and 20.
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.
Claims 1, 5, and 7 – 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,465,993 A, hereinafter “Gee”.
Regarding claim 1, Gee discloses [a device (100) for connecting to a load to be moved (150)] (Figs. 4, 5; note that the scope of this and other claims is not understood to include a load or a load moving apparatus or features thereof – e.g., “part of the load to be moved” as recited below, thus anticipatory prior art does not need to show a load or a load moving apparatus, or features thereof; incidentally and for illustration purposes only, note Figs. 4 and 5 showing a load to be moved (150) is e.g., “a frame” in col. 4, line 51), the device including:
[a main body (102, 108, 116) having a connection formation] (Fig. 5; the connection formation is understood as a trailer hitch receiver connected to element 116) for engaging with [a corresponding formation] (e.g., a trailer hitch ball) [provided on a load moving apparatus] (e.g., the trailer hitch ball provided on the load moving apparatus); and
[a connection assembly (114, 126, 130) for connecting the main body to a part (134) of the load to be moved] (Annotated Fig. 5, below; col 4, lines 58 – 61; col. 5, lines 33 – 49), the connection assembly including:
[first (EM1) and second (EM2) engagement members (note two instances of 130 in Ann. Fig. 5) for engaging with respective portions (138) of the part (134) of the load to be moved] (Ann. Fig. 5; col. 5, lines 35 – 37),
[a first adjustment member (AM1 – note two instances of 126 in Ann. Fig. 5) connecting the first engagement member to the main body and providing for adjustment of the position of the first engagement member relative to the main body,
a second adjustment member (AM2 – note two instances of 126 in Ann. Fig. 5) connecting the second engagement member to the main body and providing for adjustment of the position of the second engagement member relative to the main body] (Fig. 5; col. 5, lines 3 – 8);
[a third adjustment member (114) connecting the first engagement member to the second engagement member and providing for adjustment of the position of the first and second engagement members relative to each other] (Ann. Fig. 5; col. 5, lines 3 – 10);
[wherein the first adjustment member (note two instances of 126 in Ann. Fig. 5 comprising 131 as disclosed in col. 5, lines 3 – 4) extends over an upwardly facing portion (UFP) of the part (134) of the load to be moved] (Fig. 4, Ann. Fig. 5);
[wherein the second adjustment member (note two instances of 126 in Ann. Fig. 5 comprising 131 as disclosed in col. 5, lines 3 – 4) extends under a downwardly facing portion of the part of the load to be moved] (e.g., AM2 including 131 extending under a downwardly facing portion of the part of the load to be moved that is opposite to and faces “UFP” in Fig. 4); and
[wherein the third adjustment member extends over a portion of the part of the load to be moved, said portion being opposite the main body] (the third adjustment member is shown in Figs. 4-5 to extend over, under, or along any portions of a part of the load to be moved, in multiple directions including in a transverse direction, said portion being oriented towards the rear, thus opposite to the main body – See Figs. 4-5).
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Regarding claim 5, Gee discloses [a device (100) for connecting to a load to be moved (150) ] (note that the scope of this and other claims is not understood to include a load or a load moving apparatus or features thereof – e.g. “part of the load to be moved” as recited below –, thus anticipatory prior art does not need to show a load or a load moving apparatus, or features thereof; incidentally and for illustration purposes only, note Figs. 4 and 5 showing a load to be moved 150 is e.g., “a frame” in col. 4, line 51), the device including:
[a main body (102, 108, 116) having a connection formation (116)] (Fig. 5) for engaging with [a corresponding formation] (e.g., a trailer hitch ball) [provided on a load moving apparatus] (e.g., the trailer hitch ball provided on the load moving apparatus);
[a connection assembly (114, 126, 130, 144) for connecting the main body to a part (134) of the load to be moved] (Fig. 5; col 4, lines 58 – 61; col. 5, lines 33 – 49), including:
[first (EM1), second (EM2) and third (114) engagement members] (see Annotated Fig. 5 in rejection for claim 1, above; note two instances of 130 in Ann. Fig. 5) [for engaging with respective portions (138) of the part (134) of the load to be moved] (Fig. 5; col. 5, lines 14 – 17 & 35 – 37),
[a first adjustment member (AM1 – note two instances of 126 in Ann. Fig. 5) for connecting the first or second engagement member to the main body and providing for adjustment of the position of the first or second engagement member relative to the main body,
a second adjustment member (AM2 – note two instances of 126 in Ann. Fig. 5) connecting the other of the first or second engagement member to the main body and providing for adjustment of the position of the second engagement member relative to the main body] (Fig. 5; col. 5, lines 3 – 8),
[a third adjustment member (146)] (Fig. 5) [connecting the first or second engagement member to the third engagement member] (Ann. Fig. 5; col. 5, lines 2 – 3 & 45 – 49) and [providing for adjustment of the position of the third engagement member relative to the engagement member to which it is connected] (Ann. Fig. 5; col. 5, lines 2 – 3 & 54 – 55).
Regarding claim 7, Gee discloses the device of claim 1,wherein:
[the first adjustment member which connects the first engagement member to the main body provides for adjustment of the position of the first engagement member towards and away from the main body, and wherein
the second adjustment member which connects the second engagement member to the main body provides for adjustment of the position of the second engagement member towards and away from the main body] (Fig. 5; col. 5, lines 3 – 7).
Regarding claim 8, Gee discloses the device of claim 1, wherein:
[the third adjustment member which connects the first and second engagement members to each other provides for adjustment of the position of first and second engagement members towards and away from each other] (Fig. 5; col. 5, lines 3 – 7).
Regarding claim 9, Gee discloses the device of claim 1, wherein [the main body includes respective mounting locations] (any portions of the main body might be considered mounting locations) [for] (intended use; incidentally, the prior art teaches this functionality, for example the adjustment members 126 can be mounted using locking pins 129 in any of the vertical holes of 116, Fig. 5; additionally, the adjustment members are shown mounted, though indirectly, at the rear-most locations of arms 102/108 of the main body) [the first and second adjustment members, each mounting location including an aperture through which a portion of the respective adjustment member extends] (locking pins 129 of adjustment members 126 are configured to engage with any two of the three apertures of 116, Fig. 5).
Regarding claim 10, Gee discloses the device of claim 9, wherein [the main body includes a set of apertures] (three vertical holes of 116, Fig. 5) [for] (intended use; incidentally, the prior art teaches this functionality, see below) [at least one of the first, second, and third adjustment members for permitting alternative mounting locations of said adjustment member relative to the main body] (Note that the three vertical holes permit (in the sense that they do not prevent) adjustment members 126 being mounted anywhere, including on lateral ends of bar 114, in other words, permitting alternative mounting locations of the adjustment members relative to 114).
Regarding claim 11, Gee discloses the device of claim 9, wherein [at least one of the apertures is an elongate slot] (holes are elongated downwardly, i.e. in a vertical direction, as oriented in Fig. 4 – 5) [which permits] (because it does not prevent) [a position of the respective adjustment member relative to the main body to be slidably adjusted] (the adjustment member 126 is capable of being adjusted, thus it is permitted to be adjusted).
Regarding claim 12, Gee discloses the device of claim 1, wherein [each adjustment member includes an engaging formation (131) which engages with a corresponding engaging formation (surface of 130 immediately adjacent to 126, 132)] (Ann. Fig. 5; col. 5, lines 2 – 5) [provided on the engagement member to which it is connected] (col. 5, lines 2 – 3), [wherein said engagement formations are or include camming portions and/or threaded portions] (Ann. Fig. 5; e.g., the corresponding engaging formation further includes 144, 145, 146 and of which 145, 146 are camming portions).
Regarding claim 13, Gee discloses the device of claim 1, wherein [each of the first, second, and third adjustment members is generally elongate and has an elongate axis] (Figs. 4 and 5; 126 is generally elongate and has the elongate axis extending longitudinally through the center of 126 and parallel to 114), and wherein [rotation of each adjustment member about its elongate axis effects movement of the respective engagement member to which it is connected] (Figs. 4 and 5; col. 5, lines 3 – 4 disclose that 130 is connected to 126, therefore rotation of 126 about its elongate axis effects movement of 130).
Regarding claim 14, Gee discloses the device of claim 13, wherein [the elongate axes of the first and second adjustment members are substantially parallel with each other] (see rejection for claim 13; Figs. 4 and 5).
Regarding claim 15, Gee discloses the device of claim 13, wherein [the elongate axis of the third adjustment member is substantially perpendicular to the elongate axis of one or both of the first and second adjustment members (the elongate axis of the third adjustment member is illustrated as being substantially perpendicular – i.e. vertical - to the elongate axis of one or both of the elongate axes – which are horizontal - of the first and second adjustment members, see Figs. 4-5).
Regarding claim 16, Gee discloses the device of claim 13, wherein [the main body includes a surface (S16)] (vertical lateral surface of member 116, i.e. facing either the left or the right, where part of the load is located) [which faces and in use engages with the part of the load to be moved] (Fig. 5), and [wherein the elongate axes of the first and second adjustment members (i.e. horizontal/transverse as oriented in Ann. Fig. 5) extends away from said surface (oriented vertically) in a direction substantially perpendicular thereto] (see Ann. Fig. 5).
Regarding claim 17, Gee discloses the device of claim 13, wherein [the main body includes a surface (S17)] (see Ann. Fig. 5; vertical surface of member 116 at its rear-most location, i.e. directly facing the rear, where the load is located) [which faces and in use engages with the part of the load to be moved, and wherein the elongate axis (i.e. horizontal/transverse as oriented in Fig. 5) of the third adjustment member is substantially parallel with said surface] (as the surface defines a vertical plane parallel to the elongate axis, as oriented in Fig. 5).
Regarding claim 18, Gee discloses the device of claim 1, wherein [a part (132) of one or more of the engagement members (130)] (col. 5, lines 2 – 3) [is shaped so as to substantially conform to a portion (140) of the part of the load to be moved] (Figs. 4 and 5; col. 5, lines 46 – 47 disclose that 132 is shaped so as to substantially conform to 140 such that element 144 is inserted through both 132 and 140).
Regarding claim 19, Gee discloses the device of claim 1, wherein [the connection formation of the main body is provided on a surface (i.e. the forward-most location of element 116) of the main body which faces away from the part of the load to be moved] (Fig. 5; e.g., the surface of the main body which faces away from the part 134 of the load to be moved is understood as a surface of element 116 that is perpendicular to a longitudinal direction along 116 which faces away from 134 wherein the connection formation of the main body is provided thereto).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Gee.
Regarding claim 20, Gee discloses a device according to claim 1 but does not explicitly disclose multiple connection assemblies.
It would have been obvious to one skilled in the art, before the effective filing date of the claimed invention, to duplicate and include at least a second connection assembly wherein the connection assembly is a first connection assembly and wherein the first and second connection assemblies are spaced (i.e. in transverse direction, horizontally as oriented in Fig. 4-5) from each other along the part of the load to be moved. One would be motivated to do so to provide further attachment points for inclusion of further respective parts 134 of the load to be moved. An artisan would appreciate the above modification in that it would provide for greater load carrying capacity, while the load distributed per individual connection assembly being advantageously reduced, which has the added benefit of reducing stress at the connection location.
Response to Arguments
Applicant's arguments filed in the Response directed toward the 35 USC § 102(a)(1) rejection of claims 1 and 5 have been fully considered but they are not persuasive. See Response pp 8 – 11.
Applicant on pp. 10 – 11 takes the position that amended claim 1 is distinguished from the prior art of record because Gee does not disclose a third adjustment member for connecting first and second engagement members together which permits adjustment of the first and second engagement members relative to each other, and Gee also does not disclose that the first and second adjustment members extend over an upwardly facing portion and downwardly facing portion of the part of the load to be moved.
As discussed above, Gee does disclose all limitations of amended claim 1 including first and second adjustment members comprising element 131 and the first and second adjustment members are interpreted as extending over an upwardly facing portion and downwardly facing portion of the part of the load to be moved. Gee also discloses a third adjustment member, as recited in amended claim 1.
In response to applicant's argument regarding claim 5 on p. 11 that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the third adjustment member connects to the first or second engagement members) are not recited in the rejected claim(s). Claim 5 requires the third engagement member to be connected to the first or second engagement member. The third adjustment member facilitates the connection between the first or second engagement member and the third engagement member. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Gee discloses all limitations of amended claim 5, as discussed above.
Applicant's arguments filed in the Response directed toward the 35 USC § 103 rejection of claim 20 have been fully considered but they are not persuasive. See Response page 11.
Applicant’s arguments regarding claim 20 rely on limitations not introduced in claim 1 of the Office Action. Gee discloses all limitations of the amended claims as discussed above. For at least the above reasons, Applicant’s arguments are not persuasive, and rejections of the claims are maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Tyler Ferguson whose telephone number is (571)272-7374. The examiner can normally be reached M-F 8:00am - 4:00pm ET.
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/Tyler Ferguson/Examiner, Art Unit 3611 /VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
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