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 .
Information Disclosure Statement
The Information disclosure statements of 05/30/2024 have been received and reviewed.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the tab being located on the spreader plate member and the slot being defined in the latch must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim(s) 1-3, 5-6, 8-9, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Smith Metal Works (NPL provided by Applicant hereby referred to as Smith).
Regarding claim 1, Smith discloses:
A latch assembly for a spreader on a truck (see image produced below), the latch assembly comprising: a latch (3) that is rotatable (via handle 2); a tab (1) located on one of the latch or a spreader plate member (5); a slot (slot seen in fig below) defined by one of the spreader plate member or latch; wherein in a first position of the latch, the tab extends at least partially through the slot preventing rotation of the latch (see image below).
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Image 1
Regarding claim 2, Smith discloses:
The latch assembly of claim 1, where pulling the latch removes the tab out of the slot such that the latch is free to rotate to a second position where the tab does not extend through the slot (not shown, when 1 is pulled out of the slot).
Regarding claim 3, Smith discloses:
The latch assembly of claim 2, wherein the latch has a latch body (3), the latch body having a first end (bottom end see in fig above) opposite a second end (top end), a handle member (2) and extends from the first end and an aperture (aperture between 2 and 3) defined by the latch body is at the second end.
Regarding claim 5, Smith discloses:
The latch assembly of claim 1, wherein the tab is located on the latch body and extends away from the latch body in a first direction (left direction) and the handle member extends away from the latch body in a second direction (down direction), the first direction and the second direction are not the same directions (see image above).
Regarding claim 6, Smith discloses:
The latch assembly of claim 1, wherein the tab is located on the latch and the slot is defined in the spreader plate member (see image above).
Regarding claim 8, Smith discloses:
A spreader (10, see image 21 below) for a truck (100), the spreader comprising a spreader body(10) defining a cavity surrounding the auger (see image 2), the spreader body comprising a top (top of 10), a rear cross member (rear of 10), and a bottom trough (bottom of 10), the bottom trough comprising a first side (right side) hingedly connected to the spreader body (see hinges on right in image 2) and a second side (left side) opposite the first side, the spreader comprising; a latch assembly (image 1) having a latch (3) that is rotatable (via handle 2), a tab (1) extending from one of the latch and a spreader plate member (5); a slot (slot seen in image 1) defined by one of the latch or spreader plate member; wherein in a first position of the latch, the tab extends into the slot preventing rotation of the latch and the latch clamps the second side of the bottom trough to the spreader body (image 1).
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Image 2
Regarding claim 9, Smith discloses:
The spreader of claim 8, wherein in the first position of the latch, a portion of the bottom trough is sandwiched between an abutment element of the latch and at least a section of the rear cross member of the spreader body (image 2, 10 and the top portion of the latch sandwiches the bottom portion).
Regarding claim 14, Smith discloses:
The spreader of claim 8, comprising a second latch assembly spaced apart from the latch assembly on the spreader body, the second latch assembly having a second latch that is rotatable, a second tab extending from one of the second latch or second spreader plate member, and a second slot defined by one of the second latch or second spreader plate member (second latch seen in image 2 on the right the mirrors the one on the left); wherein in a first position of the second latch, the second tab extends into the second slot preventing rotation of the second latch and the second latch clamps the second side of the bottom trough to the spreader body (image 2, via holding through the slot on the right).
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(s) 7 and 15-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Smith Metal Works (NPL provided by Applicant hereby referred to as Smith).
Regarding claim 7, Smith does not explicitly disclose:
The latch assembly of claim 1, wherein the tab is located on the spreader plate member and the slot is defined in the latch. However, Smith teaches the opposite, with the tab on the latch and the slot in the spreader plate member. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the tab and slot on either the latch or the spreader plate member at least because doing so requires the simple substitution of one known feature for another and could be accomplished without undue experimentation and would yield the same result, providing a slot and a tab. See MPEP 2143, subsection I.B. (3).
Regarding claims 15-18, although Smith doesn’t explicitly disclose the method of claims 15-18, Smith teaches the structure necessary for such method as rejected in claim 1-3, 5-9, and 14 above. It would have been obvious for a person of ordinary skill in the art before the effective filing date of the current invention to use the apparatus of Smith in the method of claims 15-18.
Allowable Subject Matter
Claims 4 and 10-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Yahya Sidky whose telephone number is (571)272-6237. The examiner can normally be reached Monday-Thursday 8:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christine Mills can be reached at (571) 272-8322. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Y.S./Patent Examiner, Art Unit 3675
/CHRISTINE M MILLS/Supervisory Patent Examiner, Art Unit 3675