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 .
Drawings
New corrected drawings in compliance with 37 CFR 1.121(d) are required in this application because black and white photographs, including photocopies of photographs, are not ordinarily permitted in utility patent applications. The photographs or photomicrographs must show the invention more clearly than they can be done by India ink drawings and otherwise comply with the rules concerning such drawings, see MPEP §608.02(VII)(B). Applicant is advised to employ the services of a competent patent draftsperson outside the Office, as the U.S. Patent and Trademark Office no longer prepares new drawings. The corrected drawings are required in reply to the Office action to avoid abandonment of the application. The requirement for corrected drawings will not be held in abeyance.
Claim Objections
Claim 11 is objected to because of the following informalities: there is a typo in the phrase “a hitch ball with [[an]] a circular base”. Appropriate correction is required.
Claims 15-17 are objected to because claim 15 recites the same limitations as claim 3 but they both depend on claim 1. Claims 16 and 17 depend on claim 15 therefore are not distinct from claims 4 and 5, respectively. For the purpose of examination claim 15 will be interpreted as depending on claim 13, as that follows the pattern of dependencies of similar claims 1 and 3. Appropriate correction is required.
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.
(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, 10-13, and 18 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Smith (US-20040084877-A1).
Regarding Claims 1, 12, and 13, (having similar limitations, differing as noted below), Smith teaches an adjustable hitch assembly (Adjustable Hitch Assembly 100, Fig. 9) comprising:
an elongated housing (Housing 102, Fig. 9) having an elongated interior (Fig. 10);
a threaded shaft (Shaft 122, Fig. 9) extending within the interior of the housing (102);
a carriage member (the combination of Carriage Member 106 and Coupling Member 128, Fig. 10) {which is at least partially within the elongated housing (102) and threadably received on said threaded shaft (122); an attachment member (Carriage Member 106, Fig. 10) coupled to the carriage member (128) [claim 12 only]}
{including a base (Coupling Member 128, Fig. 10), a coupling member (Coupling Member 128, Fig. 10; being formed as a single part with the “base”) and an attachment member (Carriage Member 106, Fig. 10), wherein the base (128) is at least partially within the elongated housing (102) and threadably received on said shaft (122) for translation within the housing (102), the coupling member (128) is attached to the base (“coupling member” and “base” being formed as a single part- Coupling Member 128), the attachment member (106) is selectively secured to the coupling member (Carriage Member 106 being secured to Coupling Member 128 with Carriage Bolts 112, Fig. 10) [claims 1 and 13}; and
a locking member (Carriage Bolts 112, Fig. 10; considered a locking member in that it secures two objects- Carriage Member 106 and Coupling Member 128 together) to selectively attach the {coupling member (128) [claim 1]/ carriage member (128) [claim 12]} and the attachment member (106);
wherein rotation of the threaded shaft (122) imparts translation of the carriage member (128 and 106) relative to the elongated housing (102, Para. [0048]).
Regarding Claim 10, Smith further teaches that said attachment member (106) further comprises a towing accessory (Hitch Ball 110 and Draw Bar 124, Fig. 10) extending therefrom.
Regarding Claim 11, Smith further teaches that the towing accessory (110 and 124) includes at least one of a hitch ball (Hitch Ball 110), a hitch ball with {a circular} (see the corresponding claim objection above) base (Hitch Ball 110 having a circular base as illustrated in Fig. 9), a step, a shackle, and a pintle plate (Draw Bar 124, Fig. 10).
Regarding Claim 18, Smith teaches a method for attaching and adjusting a hitch assembly (a method of assembly of an Adjustable Hitch Assembly 100 being understood by, at least, Figs. 9-11), comprising:
providing an elongated housing (Housing 102, Fig. 9) having an elongated interior (Fig. 10);
extending a threaded shaft (Shaft 122, Fig. 9) within the interior of the housing (102);
configuring a carriage member (the combination of Carriage Member 106 and Coupling Member 128, Fig. 10) comprising a base (Coupling Member 128, Fig. 10), a coupling member (Coupling Member 128, Fig. 10; being formed as a single part with the “base”), and an attachment member (Carriage Member 106, Fig. 10);
positioning the base (128) at least partially within the elongated housing (102) and threadably receiving said base (128) on said shaft (122) for translation within the housing (102);
attaching the coupling member (128) to the base (coupling member” and “base” being formed as a single part- Coupling Member 128);
selectively securing the attachment member (106) to the coupling member (128); and
utilizing a locking member (Carriage Bolts 112, Fig. 10) to selectively attach the coupling member (128) and the attachment member (106);
wherein rotating the threaded shaft (122) imparts translation of the carriage member (128) relative to the elongated housing (102; Para. [0048]).
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.
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.
Claims 2 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of Harper (US-20180281536-A1).
Regarding Claims 2 and 14, (having different dependencies but similar limitations), Smith does not teach that the locking member is selectively lockable.
Harper teaches, in another adjustable hitch assembly (Hitch Ball Mount 100, Fig. 1), a locking member (Lock Mechanism 214, Fig. 7) that is selectively lockable to prevent or allow said locking member (214) from being removed from a coupling member (Ball Mount 200, Fig. 7) and an attachment member (Slide Pin 116/ 216, Figs. 6 and 7).
It would have been obvious to a person of ordinary skill in the art having the teachings of Smith and Harper in front of them before the effective filing date of the claimed invention, to modify the adjustable hitch assembly of Smith such that the locking member is selectively lockable as suggested by Harper. A person of ordinary skill in the art would have appreciated the advantage of providing a means of theft prevention that would beneficially make a more secure assembly.
Claims 3-5 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Smith in view of O'Hare (US-20100176170-A1).
Regarding Claims 3 and 15, (having different dependencies but similar limitations; see the corresponding claim objection of claim 15 above), Smith does not teach a pin extending from a locking base.
O'Hare teaches, in another hitch assembly (Motorized Hitch Assembly 9, Fig. 11), a locking member (Double Pin Connector 44, Fig. 11, considered a locking member in that it secures two objects- Post 39 and Sleeve 10 together, Fig. 11) that includes at least one pin that extends from a lock base (Double Pin Connector 44 having a pin and base as illustrated in Fig. 11).
The locking member (44) of O’Hare includes a first pin and a second pin that extend from a common side of the lock base (as illustrated in Fig. 11) (note: these teaching relate to claims 4 and 16 as discussed below).
The locking member (44) of O’Hare is arranged such that the pins are generally parallel to one another as positioned along the lock base (as illustrated in Fig. 11) (note: these teaching relate to claims 5 and 17 as discussed below).
It would have been obvious to a person of ordinary skill in the art having the teachings of Smith and O’Hare in front of them before the effective filing date of the claimed invention, to modify the adjustable hitch assembly of Smith to include a pin extending from a locking base as suggested by O’Hare. A person of ordinary skill in the art would have appreciated the advantage of using an easy to install pin to secure the coupling member and the attachment member that would beneficially make a more user-friendly assembly.
Regarding Claims 4-5 and 16-17, (having different dependencies but similar limitations), Smith, as modifed by O’Hare, teaches all limitations (see the 103 rejection of claims 3 and 15 above for the teachings of O’Hare and motivation to combine them with the adjustable hitch assembly of Smith).
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Smith and O'Hare in view of Harper.
Regarding Claim 6, Smith does not teach a locking mechanism.
Harper teaches a locking mechanism (Lock Mechanism 214, Fig. 7) attached to a lock base (Lock Cylinder 222, Fig. 7).
Harper’s locking mechanism (214) is a tubular lock device (comprising Lock Shaft 220, Fig. 7) that corresponds with a cylinder shape key (Lock Key 223, Fig. 7) (note: these teaching related to claim 7 as discussed below).
Harper’s locking mechanism (214) includes a keyway (Lock Cylinder 222 being configured to accept a Key 223 as taught in Para. [0034]) and a plug (Cam Portion 135, Fig. 6) with a protrusion (Second Cam Surface 134, Fig. 6), the plug (135) and protrusion (134) are configured to selectively extended through a coupling member (Ball Mount 200, Fig. 7) and be received within an attachment member (Slide Pin 116/ 216, Figs. 6 and 7) (note: these teaching related to claim 8 as discussed below).
Harper’s locking mechanism (214) is configured such that the protrusion (134) is selectively toggled against an interior portion (First Follower Surface 136, Fig. 6) of the attachment member (116/216) to lock or unlock a locking member (Para. [0048]) (note: these teaching related to claim 9 as discussed below).
It would have been obvious to a person of ordinary skill in the art having the teachings of Smith, O’Hare, and Harper in front of them before the effective filing date of the claimed invention, to modify the adjustable hitch assembly of Smith to include a locking mechanism as suggested by Harper. A person of ordinary skill in the art would have appreciated the advantage of providing a means of theft prevention that would beneficially make a more secure assembly.
Regarding Claims 7-9, Smith, as modified by Harper, teaches all limitations (see the 103 rejection of claim 6 above for the teachings of Harper and motivation to combine them with the adjustable hitch assembly of Smith).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYLER JAY STANLEY whose telephone number is (571)272-3329. The examiner can normally be reached Monday- Friday 8:30-5:30 ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu, Ph.D. 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TYLER JAY STANLEY/Examiner, Art Unit 3611 /VALENTIN NEACSU, Ph.D./Supervisory Patent Examiner, Art Unit 3611
Prosecution Insights