The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
DETAILED ACTION
This is in response to application filed on 5/31/24, in which Claims 1-20 are presented for examination of which Claims 1 and 11 are in independent form.
Specification
Please include “length sensing hitch” into the title.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP §§ 706.02(l)(1) - 706.02(l)(3) for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-18 of copending Application No.18/758,037 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other. Broader claims in a later application constitute obvious double patenting of narrow claims in an issued patent. See In re Van Ornum and Stang, 214, USPQ 761, 766, and 767 (CCPA) (the court sustained an obvious double patenting rejection of generic claims in a continuation application over narrower species claims in an issued patent); In re Vogel, 164 USPQ 619, 622, and 623 (CCPA 1970) (generic application claim specifying "meat" is obvious double patenting of narrow patent claim specifying "pork").
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 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.
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 of this title, 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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over BERGGREN et al. (Berggren; US 20190064795 A1) in view of Qiang (US 20140005918 A1).
Regarding Claim 1, Berggren discloses a tow bar system for an independently steered and powered trailer vehicle (Abstract), comprising:
a distance sensing hitch having a first end (at 102 of Figs 4B) configured to removably couple to a hitch of a lead vehicle (10 of Figs 1-5 operator-driven agricultural vehicle (“ODAV”)), and an opposite second end (at 98 of Fig 4B) configured to removably couple to a hitch (86 of Fig 4B) of the trailer vehicle (62 of Fig 4B autonomous agricultural vehicle (“AAV”));
a free sliding bar (88 of Fig 4B) disposed between the first and second ends and configured to allow extension and compression of the length sensing hitch ([0037] the hitch arm 88 may be configured to telescope toward the receiving hitch assembly; [0056] hitch arm 88 may telescope from the retracted position, shown in FIG. 4a, to the extended position); and
a distance sensor operably associated with the free sliding bar and configured to sense a distance of the tow bar system ([0056] AAV controller 204 may automatically sense a distance between the actuating hitch assembly 84 of the AAV 62 and the receiving hitch assembly 86 of the ODAV 10; [0058] actuating hitch assembly 84 may be configured to deploy the hitch arm 88 according to the sensed distance between the actuating hitch assembly 84 and the receiving hitch assembly 86), but doesn’t specify a length is sensed of the tow bar system.
In the same field of endeavor, Qiang discloses a method for estimating a trailer position of a trailer associated with a vehicle. Qiang discloses a length sensor to sense a length of the tow bar system ([0047] a sensor detects a hitch length and a tongue length, where the hitch length extends from a rear axis of the vehicle to a hitch point (e.g., hitch pivot point) and where the tongue length extends from a trailer axis to the hitch point (e.g., hitch pivot point)).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Berggren with Qiang sensing a length in order to use additional measures to accurately determine the placement of the hitch with the trailer, as suggested by Qiang ([0002]).
Regarding Claim 2, Berggren discloses the distance sensor is configured for signal communication with a multi-vehicle control system (MVCS) of the lead vehicle and/or the trailer vehicle ([0051] ODAV controller 202 may send requests to the AAV controller 204 to control the electrical system 220 and/or hydraulic system 230 of the AAV 62 to perform the various functions described above when the AAV 62 is being towed behind the ODAV 10. The system 200 may include a connection between the ODAV and AAV controllers 202, 204, which may be wireless or hard wired).
Qiang discloses a length sensor to sense a length of the tow bar system ([0047]).
2>Regarding Claim 3, Qiang teaches an angle sensor disposed on the trailer (12 or 112 of Fig 3), but not on a first end and configured to sense an angle between the lead vehicle and the first end. However Qiang teaches determining a number of angles defining the relationship between the lead vehicle and trailer (Figs 3-4; [0014] hitch angle may be defined as an angle between the hitch of the vehicle 50 and a reference heading (e.g., magnetic North pole). The trailer heading (e.g., .beta.) defines the angle of the longitudinal axis or heading of the trailer with respect to a reference heading (e.g., magnetic North pole)). It would serve the functionality of the system to determine the angle between the lead vehicle and the first end, to monitor and ensure no bowing of the hitch.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Qiang sensing an angle between the lead vehicle and the first end, in order to use additional measures to accurately determine the placement of the hitch with the trailer, as suggested by Qiang ([0002]).
Berggren teaches a sensor is in signal communication with the MVCS ([0051]).
2>Regarding Claim 4, Berggren discloses an angle sensor disposed on the second end and configured to sense an angle between the trailer vehicle and the second end ([0031]-[0032] angle sensor 146 to estimate the one or more of the following: (1) a hitch angle (e.g., .gamma.) at the hitch pivot point), Berggren teaches a .
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Berggren and Qiang, further in view of Sheidler et al. (Sheidler; US 20130079979 A1).
2>Regarding Claim 5, Berggren discloses a sensor
In the same field of endeavor, Sheidler discloses a vehicle arrangement with a tow vehicle and a towed vehicle. A load sensing hitch between the tow vehicle and towed vehicle senses a lateral load and provides an output signal representing the sensed lateral load. An electrical processing circuit is coupled with the load sensing hitch, and actuates at least one motor, dependent upon the output signal.
Sheidler discloses a load cell configured to sense one or more forces on the tow bar system ([0021] Load sensing hitch 20 senses a load along an axis which is generally perpendicular to a longitudinal or travel direction of towed vehicle 10 and/or tow vehicle 12. Load sensing hitch 20 may also be configured to sense loads along 3 separate axes defining a 3-D coordinate system, but for purposes of this invention, it is the lateral direction that is important. In the illustrated example, load sensing hitch 20 may be provided with load cells to sense loads along the plus or minus X, Y and/or Z directions (the Z direction extending perpendicular to the drawing plane of FIG. 2). A load sensed in the transverse or lateral (Y) direction may be used, e.g., to sense a turning maneuver or wheel dropping into a hole, and in turn apply an acceleration or braking torque to achieve a torque vectoring of towed vehicle 10).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Berggren with Sheidler using a load cell in order to provide a system of towing a heavy towed vehicle or train of towed vehicles, without adversely affecting the operation of the tow vehicle, as suggested by Sheidler ([0005]).
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Berggren and Qiang, further in view of James (US 4817978 A).
Regarding Claim 6, Berggren discloses a damper system ([0035] locking mechanism 96 may be configured as a spring-loaded latch), but not disposed between the first end and the second end and configured to absorb compressive and tensile loads occurring during steering, accelerating, and braking of the independently steered and powered trailer vehicle.
In the same field of endeavor, James discloses a trailer hitch assembly of the draw bar type consisting of a receiver tube mounted on the tow vehicle to receive a draw bar tube in vibration damped retention while extending a hitch ball. The draw bar tube retains a resilient spring block assembly that is secured to the receiver tube by means of a hitch pin and the hitch pin moves within elongated slots on said draw bar tube so that vibration from the draw bar tube is damped by the spring block assembly and isolated from the receiver tube and tow vehicle. A shock absorber is connected between the receiver tube and some point on said draw bar tube.
James discloses a damper system disposed between the first end and the second end and configured to absorb compressive and tensile loads occurring during steering, accelerating, and braking of the independently steered and powered trailer vehicle (Fig 6; Col 3 Line 56-Col 4 Line 2 draw bar tube 14b includes a mechanical spring assembly in place of a resilient spring block member to achieve a similarly desirable vibration damping action. As shown in exploded form, a control block 60 formed of selected metal or plastic includes the transverse pin tube 44 as well as opposite end cavities 62 and 64 for receiving one end of respective compression springs 66 and 68. The entire compression spring assembly is inserted within tube 14b and the rear cover plate 40b is secured as by welding on the rear edge 70 of tube 14b to maintain the assembly in operative position. That is, pin tube 44 will be in transverse disposition and generally centrally located relative to slots 34 so that equivalent spring action will be exerted in either direction).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Berggren with James using a system between two ends in order to significantly dampen shock vibrations, as suggested by James (Col 1 Lines 15-19).
6>Regarding Claim 7, Berggren discloses the damper system comprises: a damper ([0035] locking mechanism 96 may be configured as a spring-loaded latch).
James teaches a front support coupled between a front tow bar and the damper (Fig 6 side of control block 60 that abuts spring 68); and a rear support coupled between a rear tow bar and the damper (Fig 6 side of control block 60 that abuts spring 66).
7>Regarding Claim 8, James discloses the damper system further comprises: a front biasing mechanism positioned within the front support between the front tow bar and the damper (Fig 6 part of draw bar tube 14b surrounding spring 68); and a rear biasing mechanism positioned within the rear support between the rear tow bar and the damper (part of draw bar tube 14b surrounding spring 66).
8>Regarding Claim 9, James discloses front biasing mechanism is an extension spring, and the rear biasing mechanism is a compression spring (Fig 6; Col 3 Line 56-Col 4 Line 2).
Regarding Claim 10, James discloses a horizontal lockout assembly configured to lock out a lateral steering degree of freedom at the first or second end of the tow bar system (Fig 6 draw bar tube serves to lock out lateral movement of the springs).
Claims 11-12 and 14-19 are rejected under 35 U.S.C. 103 as being unpatentable over Berggren and Qiang, further in view of WELLBORN et al. (Wellborn; US 20120193154 A1).
Regarding Claim 11, Berggren discloses a multi-vehicle control system (MVCS) for dynamic stability and control of a multi-vehicle system having a lead vehicle and a trailer vehicle each with independent propulsion and control (Abstract), the MVCS comprising:
a tow bar system (Figs 4A-4B) including:
a distance sensing hitch ([0056] AAV controller 204 may automatically sense a distance between the actuating hitch assembly 84 of the AAV 62 and the receiving hitch assembly 86 of the ODAV 10; [0058] actuating hitch assembly 84 may be configured to deploy the hitch arm 88 according to the sensed distance between the actuating hitch assembly 84 and the receiving hitch assembly 86) having a first end (at 102 of Figs 4B) configured to removably couple to a hitch of a lead vehicle (10 of Figs 1-5 operator-driven agricultural vehicle (“ODAV”)), and an opposite second end (at 98 of Fig 4B) configured to removably couple to a hitch of the trailer vehicle (62 of Fig 4B autonomous agricultural vehicle (“AAV”));
a free sliding bar (88 of Fig 4B) disposed between the first and second ends and configured to allow extension and compression of the distance sensing hitch ([0037] the hitch arm 88 may be configured to telescope toward the receiving hitch assembly; [0056] hitch arm 88 may telescope from the retracted position, shown in FIG. 4a, to the extended position); and
a distance sensor operably associated with the free sliding bar and configured to sense a distance of the tow bar system ([0056] AAV controller 204 may automatically sense a distance between the actuating hitch assembly 84 of the AAV 62 and the receiving hitch assembly 86 of the ODAV 10; [0058] actuating hitch assembly 84 may be configured to deploy the hitch arm 88 according to the sensed distance between the actuating hitch assembly 84 and the receiving hitch assembly 86); and
a controller (202 of Fig 5) in signal communication with the lead vehicle and a trailer vehicle advanced driver assistance system (ADAS) or autonomous driving system ([0038]), the controller programmed to:
monitor and receive signals from the distance sensor indicating a distance of the tow bar system ([0056], [0058]); and
modify a the length sensor, to dynamically stabilize the multi-vehicle system ([0049] steering wheel of the ODAV 10, the hydraulic fluid actuates the steering actuator to steer the wheel(s) associated with the ODAV 10. This operator input may simultaneously steer the AAV 62. Similarly, if the operator applies the brake of the ODAV 10, the brake of the AAV 62 may similarly be applied through the hydraulic connection 240), but doesn’t specify throttle control of trailer, but does teach the ODAV controller 202 may detect operator inputs from the various operator input device(s) 216 associated with braking, steering, and/or illuminating indicator lights 82 and the like. The ODAV controller 202 may then send a request to the AAV controller 204 to perform the same function ([0052]).
In the same field of endeavor, Wellborn discloses a semi-autonomous vehicle includes a chassis having a repository on a plurality of wheels, a propulsion system, a steering system, a braking system, an extra-vehicle communications system, and an extra-vehicle sensory system. A control system of the semi-autonomous vehicle is operatively coupled to the propulsion system, the steering system, and the braking system and signally connected to the extra-vehicle sensory system and the extra-vehicle communications system. A non-load-bearing coupling mechanism of the semi-autonomous vehicle includes a connector, a flexible mechanical link element and a communications link.
Wellborn discloses a throttle control of trailer ([0025] control system 180 generates commands for operating the braking system 130, steering system 140, and propulsion system 150 to facilitate tracking and following of the parent vehicle 200 by the semi-autonomous vehicle 100).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Berggren with Wellborn using a throttle control in order to maintain the trailer at a safe distance and create less drag on the lead vehicle, as suggested by Wellborn ([0035]).
Also Berggren doesn’t specify a length is sensed of the tow bar.
Qiang discloses a length sensor to sense a length of the tow bar ([0047] a sensor detects a hitch length and a tongue length, where the hitch length extends from a rear axis of the vehicle to a hitch point (e.g., hitch pivot point) and where the tongue length extends from a trailer axis to the hitch point (e.g., hitch pivot point)).
Regarding Claim 12, Wellborn discloses the controller is further programmed to determine an acceleration rate of change based on the received signals ([0023] chassis monitoring system 166 includes devices for monitoring vehicle operation to determine motion states of the semi-autonomous vehicle 100. The vehicle motion states preferably include, e.g., vehicle speed, steering angle of the steerable wheels, and yaw rate; [0034]-[0035] Monitoring operation of the parent vehicle 200 includes monitoring information from the sensing system 260 of the parent vehicle 200 including vehicle motion states of vehicle speed, acceleration, lateral speed and acceleration, yaw-rate, steering angle, and direction of travel. Monitoring operation of the parent vehicle 200 further includes monitoring inputs from the spatial monitoring system 162 to determine a linear range, relative speed, and trajectory of the parent vehicle 200. The control system 180 integrates and analyzes all of the aforementioned information from the parent vehicle 200 and the semi-autonomous vehicle 100, and determines control states for each of the braking system 130, steering system 140, and the propulsion system 150 to control speed, acceleration, and direction of travel of the semi-autonomous vehicle 100 such that it remains at a following distance of 1.0 m+/-0.4 m behind the parent vehicle 200 and in the same lane as the parent vehicle 200) from the length sensor (to maintain consistent following distance would require a length sensor between vehicles).
Regarding Claim 14, Wellborn discloses the controller is further programmed to determine if the lead vehicle is accelerating or decelerating based on the received signals ([0023]; [0034]-[0035]) from the length sensor (to maintain consistent following distance would require a length sensor between vehicles).
14>Regarding Claim 15, Wellborn discloses the controller is further programmed to determine if an acceleration or deceleration of the trailer vehicle matches the determined lead vehicle acceleration or deceleration ([0023]; [0034]-[0035]).
15>Regarding Claim 16, Wellborn discloses the controller is further programmed to adjust a speed of the trailer vehicle if the acceleration or deceleration of the trailer vehicle does not match the determined lead vehicle acceleration or deceleration, to thereby match the trailer vehicle acceleration or deceleration to the lead vehicle acceleration or deceleration ([0023]; [0034]-[0035]).
15>Regarding Claim 17, Wellborn discloses the controller is programmed to maintain a speed and direction of the trailer vehicle if the acceleration or deceleration of the trailer vehicle matches the determined lead vehicle acceleration or deceleration ([0023]; [0034]-[0035]).
Regarding Claim 18, Qiang discloses the tow bar system further includes an angle sensor disposed on the trailer (12 or 112 of Fig 3), but doesn’t specify at a first end and configured to sense an angle between the lead vehicle and the first end, wherein the angle sensor is in signal communication with the controller. However Qiang teaches determining a number of angles defining the relationship between the lead vehicle and trailer (Figs 3-4; [0014] hitch angle may be defined as an angle between the hitch of the vehicle 50 and a reference heading (e.g., magnetic North pole). The trailer heading (e.g., .beta.) defines the angle of the longitudinal axis or heading of the trailer with respect to a reference heading (e.g., magnetic North pole)).
It would serve the functionality of the system to determine the angle between the lead vehicle and the first end, to monitor and ensure no bowing of the hitch.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Qiang sensing an angle between the lead vehicle and the first end, in order to use additional measures to accurately determine the placement of the hitch with the trailer, as suggested by Qiang ([0002]).
Berggren teaches an angle sensor is in signal communication with the MVCS ([0051]).
Regarding Claim 19, Berggren discloses the tow bar system further includes an angle sensor disposed on the second end (12 or 112 of Fig 3) and configured to sense an angle between the trailer vehicle and the second end, wherein the angle sensor is in signal communication with the controller ([0031]-[0032] angle sensor 146 to estimate the one or more of the following: (1) a hitch angle (e.g., .gamma.) at the hitch pivot point), Berggren teaches a .
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Berggren, Qiang and Wellborn, further in view of Sheidler.
Regarding Claim 20, Berggren discloses a sensor
Sheidler discloses a load cell configured to sense one or more forces on the tow bar system ([0021] Load sensing hitch 20 senses a load along an axis which is generally perpendicular to a longitudinal or travel direction of towed vehicle 10 and/or tow vehicle 12. Load sensing hitch 20 may also be configured to sense loads along 3 separate axes defining a 3-D coordinate system, but for purposes of this invention, it is the lateral direction that is important. In the illustrated example, load sensing hitch 20 may be provided with load cells to sense loads along the plus or minus X, Y and/or Z directions (the Z direction extending perpendicular to the drawing plane of FIG. 2). A load sensed in the transverse or lateral (Y) direction may be used, e.g., to sense a turning maneuver or wheel dropping into a hole, and in turn apply an acceleration or braking torque to achieve a torque vectoring of towed vehicle 10).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Berggren with Sheidler using a load cell in order to provide a system of towing a heavy towed vehicle or train of towed vehicles, without adversely affecting the operation of the tow vehicle, as suggested by Sheidler ([0005]).
Allowable Subject Matter
Claim 13 is 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, and if a terminal disclaimer is filed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Niewiadomski et al. (US 20210070357 A1) discloses a vehicle system configured to control a trailer alignment routine comprises a hitch mounted on a vehicle and a controller. The controller is configured to identify a coupler position of a trailer and control motion of the vehicle to toward an aligned position. The controller is further configured to control a braking procedure of the vehicle comprising a plurality of concurrent deceleration control procedures in response to a portion of the vehicle passing a gradual stopping distance.
Williams, Jr. et al. (US 8905424 B2) discloses a hitch apparatus includes a frame configured to be secured to a vehicle and that is pivotable about a first axis, a guide that is movably secured to the frame and pivotable about a second axis substantially transverse to the first axis, and a tow bar movably secured to the guide and movable relative to the guide between retracted and extended positions. The hitch apparatus includes a user controlled positioning system with a user input device that is configured to allow a user to extend and retract the tow bar and to articulate the tow bar up-down and left-right so as to position the tow bar distal end at a desired position within a three-dimensional coordinate system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK S RUSHING whose telephone number is (571)270-5876. The examiner can normally be reached on 10-6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Davetta Goins can be reached at 571-272-2957. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MARK S RUSHING/Primary Examiner, Art Unit 2687