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 Rejections - 35 USC § 102
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.
Claim(s) 1-12 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Novotny et al et al (US 10,960,937). Novotny discloses:
With regard to claim 1 - A hitch assembly for an off-road vehicle, the hitch assembly comprising:
a base plate (see below); and
a top member 304 configured to be coupled to the base plate;
wherein the base plate and the top member 304, when coupled, form a cavity corresponding to a drawbar for receiving the drawbar therewithin 306 (see Fig. 12).
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With regard to claim 2 - wherein the base plate is defined by a top surface, a bottom surface (see Fig. 12), a frond end, and a rear end (see above), and the top member 304 is defined by a pair of side walls and a top wall, each of the pair of side walls comprising a first edge and a second edge (see Fig. 12).
With regard to claim 3 - wherein the first edge of each of the pair of side walls is configured to be coupled to the base plate, and the top wall extends between the second edge of each of the pair of side walls (see above).
With regard to claim 4 - wherein the top member 304 is an inverted U-shaped channel (see Fig. 12).
With regard to claim 5 - wherein the top member 304 extends from a rear end of the base plate towards a front end thereof (see above), thereby extending the cavity 306 from the rear end towards the front end of the base plate, the rear end of the base plate being substantially aligned with a rear end of the top member (see Fig. above).
With regard to claim 6 - wherein the bottom surface of the base plate adjacent to the front end is supported on a cross member 329 of a frame of the vehicle.
With regard to claim 7 - wherein the base plate comprises a pair of side portions, and a middle portion, wherein the top member 304 is configured to be coupled at the middle portion on a top surface of the base plate (see marked up figure above).
With regard to claim 8 - wherein each of the pair of side portions of the base plate comprises an aperture (see below).
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With regard to claim 9 - wherein each of the pair of side portions comprises a flange 303 extending upwardly from an outer side thereof, the flange 303 configured to be coupled to an adjacent frame member (see aperture 320), thereby providing support to the base plate at a front end (see marked up figure above).
With regard to claim 10 - further comprising at least one supporting plate 302 coupled to the base plate, the at least one supporting plate 302 comprising a bottom edge having a cut-out portion corresponding to an outer periphery of the top member 304 (Fig. 12).
With regard to claim 11 - wherein the at least one supporting plate 302 comprises a pair of side edges, each of the pair of side edges abutting an adjacent frame member 290A, 290B and having a shape corresponding to the adjacent frame member.
With regard to claim 12 - wherein the at least one supporting plate 302 is positioned substantially transverse to the base plate and is configured to receive the top member 304 within the cut-out portion.
With regard to claim 20 - An off-road vehicle comprising a frame, an engine assembly configured to be attached with the frame, and a hitch assembly;
wherein the hitch assembly comprises:
a base plate; and
a top member 304 configured to be coupled to the base plate;
wherein the base plate and the top member, when coupled, form a cavity 306 corresponding to a drawbar for receiving the drawbar therewithin.
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) 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Novotny in view of Morris et al (US 6,402,179). Novotny fails to explicitly disclose a pair of supporting plates coupled to a top surface of the base plate, wherein each of the pair of supporting plates comprises a bottom edge coupled to the top surface of the base plate, wherein the pair of supporting plates are positioned substantially transverse to the base plate.
Morris teaches a lightweight towing member for a vehicle comprising a base plate 30; and
a top member 24 configured to be coupled to the base plate; and
a pair of supporting plates 12, 14, 16, 18 coupled to a top surface of the base plate 30, wherein each of the pair of supporting plates comprises a bottom edge coupled to the top surface of the base plate 30, wherein the pair of supporting plates are positioned substantially transverse to the base plate. Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the hitch assembly of Novotny with the teaching of Morris such that the support plate comprises a pair of support plates to better reinforce the attachment of the hitch assembly.
With regard to claim 14, Morris teaches wherein the bottom edge of each of the pair of supporting plates comprises a cut-out portion to receive the top member therewithin (see Figs. 1-3B).
With regard to claim 15, Morris teaches wherein wherein the pair of supporting plates 14, 18 are spaced at a distance from each other, wherein the distance corresponds to an outer diameter of an adjacent frame member 62.
With regard to claim 16, Morris teaches wherein the first supporting 14 plate is joined to the second supporting plate 16 at top edges thereof (see Figs. 2 and 3B).
With regard to claim 17, Novotny discloses a hitch assembly for an off-road vehicle, the hitch assembly comprising:
a base plate comprising a top surface (see rejection to claim 1);
a top member 304 defined by a pair of side walls and a top wall, the top member 304 configured to be coupled to the top surface of the base plate by the pair of side walls, thereby making a cavity 306 for receiving a drawbar therewithin.
As seen in the rejection to claim 13 above, Morris teaches
a pair of supporting plates 12, 14, 16, 18 coupled to the top surface of a base plate 30, each of the pair of supporting plates having a cut-out portion configured to receive a top member therewithin.
With regard to claim 18, Novotny discloses wherein the base plate is defined by a front end and a rear end, the base plate being supported by a cross member of a frame adjacent to the front end thereof, and wherein the top member extends from the rear end of the base plate towards the front end thereof, thereby extending the cavity from the rear end towards the front end of the base plate, the rear end of the base plate being substantially aligned with a rear end of the top member (see 102 rejection above).
With regard to claim 19, Morris teaches wherein each of the pair of supporting plates 12, 14, 16, 18 is transverse to the base plate 30 and transverse to the top member 24, the supporting plates each having a pair of side edges, each of the pair of side edges of each of the supporting plates configured to abut an adjacent frame member 82, 84.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kohler et al (US 7,438,368) discloses a hitch assembly comprising a base plate 18 and a U-shaped top part 20.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY WILHELM whose telephone number is (571)272-6980. The examiner can normally be reached Monday-Friday 8:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Paul Dickson can be reached at 571-272-7742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY WILHELM/Primary Examiner, Art Unit 3617 May 29, 2026
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