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 .
Claim Objections
Claims 2 and 4 – 20 are objected to because of the following informalities: "A device" is introduced in independent claims 1, 3, and 5. Dependent claims 2, 4, and 6 – 20 should recite "The device".
Claim 5 recites the limitation “the third engagement members” in the last paragraph which should be changed to “the engagement member”.
Claim 6 recites “…under an downwardly…”, which should be changed to “…under a downwardly…”. 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.
Claims 6, 9 – 11, 12, 15 – 17, and 20 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 regards as the invention.
Claim 6, depending on claim 1, recites the limitation "the third adjustment member" in lines 8 - 9. Claim 1 recites “an adjustment member” and “a further adjustment member”. There is insufficient antecedent basis for the limitation, “the third adjustment member” in claim 6 because claim 1 only recites two elements understood as adjustment members. Additionally, regarding Claim 6, the repeated phrase “one of the adjustment members” is unclear because it does not make clear whether three different adjustment members are intended, or whether the same adjustment member could satisfy more than one recitation.
Regarding claims 6, 15, and 17, parenthetical references render the claims indefinite in that they fail to point out what is included or excluded by the claim language.
Regarding claims 9, 12, 16, and 17, the term "preferably" renders the claims indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). For the purpose of further prosecuting the claims, the limitations following “preferably” are interpreted as being optional, thus not required to be disclosed by anticipatory prior art (see prior art rejections, below).
Further regarding claim 15, the phrase “which adjustment member” is indefinite, as it is unclear to which one, out of multiple “adjustment members” previously recited (namely, in the order of claim dependence: “an adjustment member”, “a further adjustment member”, “each adjustment member”, “the adjustment member”, “a further adjustment member”, “referred to as the third adjustment member”, and finally “which adjustment member”) , the limitation is in reference to.
Further regarding Claim 15, there is insufficient antecedent basis for “the elongate axis of the third adjustment member”.
Regarding claims 11 and 12, the phrase "or the like" renders the claims indefinite because the claims include elements not actually disclosed (those encompassed by "or the like"), thereby rendering the scope of the claims unascertainable. See MPEP § 2173.05(d).
Further regarding Claim 11, the limitation “at least one of the apertures” is indefinite , because it refers to an optional limitation recited in parent claim 9 (“preferably including an aperture”), which therefore might or might not be present, and as a result the scope of the claim is ambiguous.
Claim 20 recites the limitation "the features" in line 2. There is insufficient antecedent basis for this limitation in the claim. Furthermore, the phrase “each including any the features as set out in any of the preceding claims” also renders the claim indefinite in that it fails to point out what is included or excluded by the claim language. Additionally, the limitation “any of the preceding claims”, following a prior reference to another claim by its number (“claim 1”) raises additional indefiniteness concerns, as the dependency is ambiguous, potentially raising 35 USC 112d and 112e concerns.
Further regarding Claim 20, there is insufficient antecedent basis for “said connection assemblies” (plural form; note that only a singular instance of a “connection assembly” was anteriorly introduced in parent claim 1.
Any claim not specifically addressed under 112(b) is rejected as being dependent on a claim rejected under 112(b).
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 – 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gee et al (US Pat. 5465993), hereinafter Gee.
Regarding claim 1, Gee discloses [a device 100 for connecting to a load to be moved 150, see 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);
[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), 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),
[an 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] (Fig. 5; col. 5, lines 3 – 8),
[a further 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).
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Regarding claim 2, Gee discloses a device according to claim 1 including [a further 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).
Regarding claim 3, 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 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 and second EM2 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] (Ann. Fig. 5; col. 5, lines 35 – 37),
[an 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] (Ann. Fig. 5; col. 5, lines 3 – 8),
[a further 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).
Regarding claim 4, Gee discloses a device according to claim 3 including [a further adjustment member AM2] (note two instances of 126 in Ann. Fig. 5) [for connecting the other of 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] (Ann. Fig. 5; col. 5, lines 3 – 8).
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 144 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),
[an 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] (Fig. 5; col. 5, lines 3 – 8),
[a further 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 first or second engagement member relative to the main body] (Fig. 5; col. 5, lines 3 – 8).
[a further 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 members relative to the engagement member to which it is connected] (Ann. Fig. 5; col. 5, lines 2 – 3 & 54 – 55).
Regarding claim 6, Gee discloses a device according to claim 1 wherein:
[one of the adjustment members AM1 (hereinafter referred to as 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” in Ann. Fig. 5) of the part 134 of the load to be moved] (Fig. 4), and wherein
[one of the adjustment members AM2 (hereinafter referred to as 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 an 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
[one of the adjustment members (hereinafter referred to as the third adjustment member, see above 112(b) rejection for claim 6) extends over a portion of the part of the load to be moved, said portion being opposite the main body] (Note that any of the two adjustment members discussed above can be interpreted as an “adjustment member”, 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)
Regarding claim 7, Gee discloses a device according to claim 1 wherein:
[the adjustment member AM1] (note two instances of 126 in Ann. Fig. 5) which connects [the first engagement member EM1] (note two instances of 130 in Ann. Fig. 5) to the main body [provides for adjustment of the position of the first engagement member towards and away from the main body] (Fig. 5; col. 5, lines 3 – 7), and wherein
[the adjustment member AM2] (note two instances of 126 in Ann. Fig. 5) which connects [the second engagement member EM2] (note two instances of 130 in Ann. Fig. 5) 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 a device according to claim 2 wherein:
[the adjustment member 114 which connects the first and second engagement members 130 to each other provides for adjustment of the position of first and second engagement members 130 towards and away from each other] (Fig. 5; col. 5, lines 3 – 7).
Regarding claim 9, Gee further discloses a device according to claim 1 wherein [the main body 116, 108, 102 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 126, each mounting location preferably] (note that “preferably” is broadly interpreted as an optional limitation, which anticipatory prior art is not required to expressly disclose, so all limitations following it are not required) [including an aperture through which a portion of the respective adjustment member extends] (though not required because of “preferably”, locking pins 129 of adjustment members 126 are configured to also engage with any two of the three apertures of 116, Fig. 5).
Regarding claim 10, Gee further discloses [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 adjustment members 126 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 further discloses [at least one of the apertures] (note that apertures are optional, per “preferably”, see additional discussion under 35 USC 112(b), above; incidentally – though not required - Gee includes the recited structure, see below) [is an elongate slot] (holes are elongated downwardly, i.e. in a vertical direction, as oriented in Fig. 4 – 5) [or the like 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 a device according to claim 1 wherein [each adjustment member 126 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 130 to which it is connected] (col. 5, lines 2 – 3), [preferably (note that “preferably” is broadly interpreted as an optional limitation, which anticipatory prior art is not required to expressly disclose, so all limitations following it are not required) wherein said engagement formations are or include camming portions and/or threaded portions or the like] (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 a device according to claim 1 wherein [each adjustment member 126 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 the adjustment member 126 about its elongate axis effects movement of the engagement member 130 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 a device according to 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 a device according to claim 13 further including [a further adjustment member] (e.g., the further adjustment member comprising an assembly of 114 and a formation including 118, 122, and an unnumbered element connecting 118 to 122 in Fig. 5) (hereinafter referred to as the third adjustment member) [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] (element 114 of the further adjustment member Fig. 5; col. 5, lines 3 – 10), and wherein [the elongate axis of the third adjustment member] (e.g., the elongate axis of the formation of the further adjustment member), [which adjustment member connects to the first engagement member and/or second engagement member] (i.e., the further adjustment member comprising 114 and the formation, mentioned above), [is substantially perpendicular to the elongate axis of one or both of the elongate axes of the first and second adjustment members] (the elongate axis of the formation of the further 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 further discloses a device according to 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 preferably (note that “preferably” is broadly interpreted as an optional limitation, which anticipatory prior art is not required to expressly disclose, so all limitations following it are not required) in use engages with the part 134 of the load to be moved (Fig. 5), and wherein the elongate axes of the first and second adjustment members AM1, AM2 (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 further discloses a device according to claim 13 further including [a further adjustment member 114 (hereinafter referred to as the third adjustment member) connecting the first engagement member to the second engagement member and providing for adjustment of the position of the first and second engagement member relative to each other] (Fig. 5; col. 5, lines 3 – 10), and 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 preferably (note that “preferably” is broadly interpreted as an optional limitation, which anticipatory prior art is not required to expressly disclose, so all limitations following it are not required) in use engages with the part 134 of the load to be moved] (Fig. 5), 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 a device according to 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 134 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 a device according to 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 134 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 the device includes two or more of said 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 further connection assembly wherein the 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.
Conclusion
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 - 5:00pm.
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/Tyler Ferguson/
Examiner, Art Unit 3611 /VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
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