DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 “slide plate positioned in the aperture of the rearward plate and in the aperture of the forward plate in the second position” must be shown or the feature canceled from the claims. 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 Objections
Claims 1, 6, 13, 14, and 17 are objected to because of the following informalities:
Claim 1, line 5 recites the limitation “the receiver tube ;” which should be changed to “the receiver tube;”.
Claim 6, line 5 – 6 recites the limitation “the slide ¶ plate“ which should be changed to “the slide plate”.
Claim 13, line 2 recites the limitation “a pair of first and second claims” which should be changed to “a pair of first and second clamps”.
Claim 14, line 2 recites the limitation “engage opposites sides” which should be changed to “engage opposite sides”.
Claim 17, line 15 recites the limitation “is positioned in the aperture of the rearward plate and in the aperture” which should be changed to “is positioned in the passage defined by the aperture and the aperture”
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 17 – 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 (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 17, lines 15 – 16 recites the limitation “and is positioned in the aperture of the rearward plate and in the aperture of the forward plate in the second position of the slide plate”. However, paragraph [0036] of the Specification explicitly states “a first portion of the edge surface is positioned between the forward plate 22 and the rearward plate 24 and extends across the upper right hand corner of the passage defined by the aligned apertures 34, 60”. Therefore, it is unclear and indefinite as to how the slide plate is positioned within the respective apertures of the rearward plate and forward plate. Rather it is understood the slide plate extends across the passage and is not positioned in the apertures themselves as shown in Figs. 3 and 11.
Allowable Subject Matter
Claims 1 – 16 allowed.
Claim 17 would be allowable if rewritten or amended to overcome the rejection under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 18 – 20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose
For claims 1 – 7: a housing configured for engagement with a receiver tube of a trailer hitch assembly; the housing having a passage through the housing that is configured to align with an opening in the receiver tube and to receive a shank of the trailer hitch assembly; a slide plate mounted on the housing for movement of the slide plate between a first position and a second position; the slide plate having an edge surface that is displaced from the shank in the first position, and engages against the shank inserted through the passage in the second position;
For claims 8 – 16: a housing; a clamp on a forward surface of the housing; a passage through the housing from a rearward surface to the forward surface; the passage being configured for aligning with an opening of an open end of a receiver tube; a slide plate on the housing being movable between a first position and a second position; an edge surface on the slide plate, a first portion of the edge surface being positioned in the passage when the slide plate is in the first position and a second portion of the edge surface being positioned in the passage when the slide plate is in the second position.
For claims 17 – 20: a housing having a forward plate having an aperture through the forward plate, a rearward plate having an aperture through the rearward plate, the aperture through the rearward plate and the aperture through the forward plate defining a passage through the housing, a slide plate being positioned in a spacing between the rearward plate and the forward plate, the sliding plate having an edge surface that is positioned between the rearward plate and the forward plate in the first position and is positioned in the passage defined by the aperture of the rearward plate and the aperture of the forward plate in the second position.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-11465458 – comprising a hitch receiver; a receiver cover; and a hitch insert;
US-7823904 – comprising a receiver tube; a hitch shank; a wedge member; a support block provides a support surface that contacts a distal surface of the wedge member in an engaged position;
US-20070052206 – comprising a receiver tube; a shank; and an anti-radial tilt device comprising a collar and a center bar;
US-20040195802 – comprising a hitch receiver; a shank; a pair of stop plates; and upper and lower clamp bars; and
US-20010038191 – comprising a support unit; a slide bracket; a support plate; and a hitch ball.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacob D. Knutson whose telephone number is (571)270-5576. The examiner can normally be reached 8:00 am - 4:00 pm.
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/JACOB D KNUTSON/Primary Examiner, Art Unit 3611
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