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.
(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, 6 and 7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by patent application publication number US 2011/0285107 A1 to Ladzinski et al. (hereinafter referred to as Ladzinski).
Regarding claims 1 – 3, 6 and 7, Ladzinski discloses a recovery hook (tow hook 8 and mount bracket 6) for a vehicle (vehicle having frame rail 2), comprising:
[Claim 1] a ring portion (tow hook 18) including a first through hole (the opening created by tow 18 and slot 30, See Fig. 2) arranged at a front of the recovery hook, the first through hole including a first section (the opening created by tow hook 18) configured to connect with a towing apparatus for towing the vehicle, and a second section (slot 30) having a front opening that opens into the first section (See Fig. 2), and configured to accept a first fastener (bolts 32 and 34) inserted therethrough for connecting the recovery hook to the vehicle (Fig. 2);
a base portion (mount bracket 6) including a second through hole (two apertures 22 and 24) arranged at a back of the recovery hook (tow hook 8 and mount bracket 6) and configured to accept a second fastener (mounting end 20) inserted therethrough for connecting the recovery hook to the vehicle; and
a mounting bracket (alignment flange 40) connected to the base portion, the mounting bracket including a third through hole (the hole through which bolt 16 extends) configured to accept a third fastener (bolt 16) inserted therethrough for connecting the recovery hook to the vehicle;
[Claim 2] wherein upon application of a force exceeding a predetermined magnitude to the recovery hook (tow hook 8 and mount bracket 6) in a direction from the front of the recovery hook towards the back of the recovery hook, the third fastener (bolt 16) is configured to shear {{allowing for disconnection of the first fastener (bolts 32 and 34) from the ring portion (tow hook 18) and the second fastener (mounting end 20) from the vehicle (vehicle having frame rail 2), and release of the recovery hook from the vehicle}} (Paragraph [0029]);
[Claim 3] wherein the mounting bracket (alignment flange 40) is mounted to the second fastener (mounting end 20; Fig. 4);
[Claim 6] the ring portion (tow hook 18) includes a recessed flat surface (surfacev26, Fig. 3) around the second section (slot 30) on a bottom side of the recovery hook (tow hook 8 and mount bracket 6); and
the recessed flat surface (surface 26, Fig. 4) is configured to contact a head of the first fastener (bolts 32 and 34) when the first fastener is inserted up through the second section for connecting the recovery hook to the vehicle (Fig. 3); and
[Claim 7] wherein:
the ring portion (tow hook 18) further includes a projecting flat surface (the top surface of flat 26, Fig. 3) around the second section (slot 30) on a top side of the recovery hook (tow hook 8 and mount bracket 6); and
the projecting flat surface (the top surface of flat 26, Fig. 3) is configured to contact a mounting surface of the vehicle (vehicle having frame rail 2) when the recovery hook is connected to the vehicle (although Ladzinski does not disclose the top surface of flat 26 contacting a mounting surface of the vehicle, it is capable of contacting a mounting surface of a differently configured vehicle).
Allowable Subject Matter
Claims 4, 5 and 8 – 17 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.
Regarding claim 4, Ladzinski discloses the recovery hook (tow hook 8 and mount bracket 6) according to claim 1, wherein:
the first through hole (the opening created by tow 18 and slot 30, See Fig. 2) extends through the ring portion (tow hook 18) in a first direction (Fig. 3); and
the second through hole (two apertures 22 and 24) extends through the base portion (mount bracket 6).
However, Ladzinski does not disclose the third through hole extends through the mounting bracket each in a second direction that is intersecting to the first direction. Claim 5 depends from claim 4, and therefore is also allowed.
Regarding claim 8, Ladzinski discloses the recovery hook according to claim 1, but does not teach wherein the mounting bracket when connected to the vehicle extends from the base portion away from the ring portion, the third fastener being located rearward of the second fastener. The alignment flange (40) extends towards the tow hook (18).
Regarding claim 9, Ladzinski discloses a recovery hook assembly including the recovery hook (tow hook 8 and mount bracket 6) of claim 1, the first fastener (bolts 32 and 34), the second fastener (mounting end 20), the third fastener (bolt 16), the mounting bracket (alignment flange 40) and an additional bracket (support bracket 10) configured to connect to the vehicle (vehicle having frame rail 2). However, Ladzinski does not disclose the additional bracket including:
a first aperture, a second aperture, a first slot having a closed perimeter except for a first opening at a back of the first slot, and a second slot having a closed perimeter except for a second opening at a back of the second slot, wherein the first fastener extends through the second section and into the first aperture to thereby connect the recovery hook to the additional bracket;
wherein the second fastener extends through the first slot, through the second through hole, and into the second slot to thereby connect the recovery hook to the additional bracket; and
wherein the third fastener extends through the mounting bracket and into the second aperture to thereby connect the mounting bracket to the additional bracket. Claims 10 – 17 depend from claim 10, and therefore, are also allowed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Felicia L Brittman-Alabi whose telephone number is (313)446-6512. The examiner can normally be reached M-F, 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Felicia L. Brittman-Alabi/ Examiner, Art Unit 3611
/VALENTIN NEACSU/ Supervisory Patent Examiner, Art Unit 3611