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 Objections
Claim 9 is objected to because of the following informalities: in line 1, “of retainer” should be “of the retainer”. 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 7-9 and 13 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.
With Respect to Claim 7
It recites the limitation "the rear mounting area". There is insufficient antecedent basis for this limitation in the claim.
With Respect to Claim 8
The claim recites that the retainer bar extends through a pair of slots of the front mounting section and slots in sidewalls of the beam, but the front mounting section is disclosed and claimed as part of the beam and so it is unclear what the scope of this claim language is, whether it requires the front mounting section to have slots in addition to slots on another part of the beam (e.g. a part of the beam surrounding or interior to the front mounting section with separate sidewalls and slots), if it encompasses a single set of slots in the front mounting section which are aligned and so also constitute the aligned slots in sidewalls of the beam, if it encompasses either interpretation, or if it has some other scope.
The remainder of this office action is based on the invention as best understood by Examiner.
With Respect to Claim 13
It recites the limitation "the lighting module". There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-3,5,7,10,12,14,16 and 18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Publication #2020/0023787 to Prescott (Prescott). Prescott discloses:
With Respect to Claim 1
A hitch-mounted carrier system, comprising: a single support member (100, FIG. 1) configured for engagement with a hitch receiver of a vehicle (FIG. 1), and wherein the single support member comprises: a hitch mounting section (208) that includes a hitch mounting bar ([0048], FIG. 1) configured at a first end to be received within a passage defined by the hitch receiver of the vehicle (capable of this use which is also the intended use, see FIG. 1), a beam (120) pivotably mounted to the hitch mounting section (see, e.g. FIG. 4), wherein the beam includes at least one mounting area (e.g. area where either cradle is mounted or the area where the vertical post for securing the top of the tire is mounted in FIG. 2, or the area where any carrier component of Fig. 3 is mounted), a handle (224, FIG. 1) secured to the rear end of beam, wherein the handle is configured to be grasped by a user for moving the beam between multiple positions ([0048, 0050, 0085]); a bumper (400, FIG. 1) secured to the beam, wherein the bumper maintains the rear end of beam above a ground surface when the beam is tilted ([0050]); and a carrier component (110, FIG. 1) configured to carry at least one item (capable of this use which is also the intended use), wherein the carrier component is attached to the beam at the at least one mounting area (see, e.g. FIG. 2 or 3).
With Respect to Claim 2
The hitch-mounted carrier system of claim 1, wherein the hitch mounting section (208) includes a bracket assembly (labelled 222 in FIG. 2 or equivalent part in other figs e.g. FIG. 3) secured to the hitch mounting bar rearwardly of the first end of the hitch mounting bar, wherein the beam includes a front mounting section (122, FIG. 2 or 3) at a forward end of beam and a rear mounting section (124, FIG. 2, or 128, FIG. 3) at a rear end of beam, and the at least one mounting area (e.g. mounting area for central vertical post in FIG. 2 or alternately for 110 or 126 in FIG. 3) is provided between the front mounting section and the rear mounting section, and wherein at a forward end of the front mounting section, the beam is engaged with the bracket assembly, which defines a pivot axis about which the beam is pivotable relative to the hitch mounting section (see, e.g. FIG. 4 and description).
With Respect to Claim 3
The hitch-mounted carrier system of claim 2, wherein the bracket assembly (222) includes a pair of notched side bracket members ([0084], recesses 234, FIG. 17), and wherein the beam is positioned between the side bracket members and engaged with the bracket assembly via a transverse through-bolt (253, FIG. 18).
With Respect to Claim 5
The hitch-mounted carrier system of claim 1, further comprising at least one mounting clasp (115 alone or in combination with 140, FIGS. 6-8), wherein the mounting clasp is removably attached to the mounting area and configured for secure attachment of the carrier component to the beam ([0073-0075]).
With Respect to Claim 7
The hitch-mounted carrier system of claim 1, wherein the rear mounting area includes an additional space at which a second carrier component is mounted (see, e.g. FIG. 3).
With Respect to Claim 10
The hitch-mounted carrier system of claim 5, wherein the carrier component is a single-arm bicycle carrier module comprising a tray (noting tray of 110), wherein the tray is configured to underlie both wheels of a bicycle (see, e.g. FIG. 1) and is engaged with one of the mounting areas via the mounting clasp (FIGS. 6-7)).
With Respect to Claim 12
A hitch-mounted carrier system, comprising: a single support member (100) configured for engagement with a hitch receiver of a vehicle, and wherein the single support member comprises: a hitch mounting section (208) that includes a hitch mounting bar (208) configured at a first end to be received within a passage defined by the hitch receiver of the vehicle (FIG. 1), a beam (120, FIG. 1) pivotably mounted to the hitch mounting section, wherein the beam includes at least two mounting areas, a handle (224) secured to the rear end of beam, wherein the handle is configured to be grasped by a user for moving the beam between multiple positions ([0048, 0050, 0085]), a bumper (400) secured to the beam, wherein the bumper is configured to maintains the rear end of beam above a ground surface when the beam is tilted ([0050]); and a carrier component (any of the bicycles carriers, FIG. 2 or 3) configured to carry at least one item, wherein the carrier component is attached to the beam the at least one mounting area.
With Respect to Claim 14
The hitch-mounted carrier system of claim 12, wherein the hitch mounting section (208) includes a bracket assembly (222) secured to the hitch mounting bar rearwardly of the first end of the hitch mounting bar, wherein the beam includes a front mounting section, and wherein at a forward end of the front mounting section, the beam is engaged with the bracket assembly, which defines a pivot axis about which the beam is pivotable relative to hitch mounting section (see, e.g. FIG. 4).
With Respect to Claim 16
The hitch-mounted carrier system of claim 12, further comprising at least one mounting clasp (115 alone or in combination with 140, FIGS. 6-8), wherein the mounting clasp is removably attached to the mounting area and configured secure attachment of the carrier component to the beam.
18. The hitch-mounted carrier system of claim 16, wherein the carrier component is a single-arm bicycle carrier module comprising a tray, wherein the tray is configured to underlie both wheels of a bicycle and is engaged with one of the mounting areas via the mounting clasp.
With Respect to Claim 18
The hitch-mounted carrier system of claim 16, wherein the carrier component is a single-arm bicycle carrier module comprising a tray (FIG. 1, see upward facing portion of 110 which is a tray), wherein the tray is configured to underlie both wheels of a bicycle (FIG. 1) and is engaged with one of the mounting areas via the mounting clasp (FIGS. 6-8).
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.
Claims 5-6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2020/0023787 to Prescott (Prescott) as applied to claim 1 above, and further in view of U.S. Patent #10,857,949 to Lesley (Lesley) and/or U.S. Patent #6,283,3490 to Morris (Morris).
With Respect to Claims 5-6
As to claim 6, the hitch-mounted carrier system of claim 5, wherein the mounting clasp comprises an upper section and a lower section (e.g. alternately 115 is the upper section and 140 is the lower section, or alternately the top and bottom of 115), but does not disclose which are pivotably interconnected at a hinge via a pivot pin for movement between an open position and a closed position.
However, Lesley discloses forming a bicycle carrying structure comprising a beam (roof rail) and a carrier component attached to the beam by a mounting clasp (216 and 218, see e.g. FIGS. 7-8) comprising an upper section (216) and a lower section (218) which are pivotably interconnected at a hinge (226) via a pivot pin (it is Examiner’s position that the disclosure of a bar that it pivots about indicates a pivot pin or clearly renders such obvious as a pin is a common type of bar for pivoting) for movement between an open position and a closed position. It is noted that Lesley discloses a wheel carrying tray (FIG. 12) similar to that of Prescott which can be attached via any appropriate clamping mechanism.
Morris discloses forming a bicycle carrier attachable to a vehicle hitch with a bicycle holding structure attached to a beam (130) that is pivotably attached to the hitch attachment section (140), and including bicycle carrier components (200) attached to the beam (130) via clasps comprising an upper section (360 or equivalent portion of the FIG. 11 embodiment) and a lower section (370 in FIG. 6 or alternately 710 or 720 in FIG. 11) which are pivotably interconnected at a hinge (390 in FIG. 5-6 or alternately 740 or 741 in FIG. 11) via a pivot pin for movement between an open position and a closed position.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Lesley and/or Morris, to replace the carrier component (115, 140) of Prescott with a pivotal clasp as claimed/as taught by either reference, in order to allow for adjustment of the position along the beam, to allow for attachment without making openings in the beam which can weaken its structure, to allow for attachment to other beams which lack openings for the screws (140), and/or as a mere substitution of one art known attachment mechanism for another. Alternately, as to the rejection using both references, Morris provides motivation to use a clamp to secure a bicycle carrier component to a hitch mounted carrier and Lesley provides motivation to use a clamp to secure a bicycle wheel mounting tray to a beam either of which provides additional evidence of the obviousness of using a clamp as taught by either reference to secure the hitch mounted wheel carrier tray of Prescott to its hitch mounted beam.
As to claim 5, this combination is presented as an alternative rejection of that claim as all of its limitations are similarly met by the combination.
With Respect to Claim 17
The hitch-mounted carrier system of claim 16, wherein the mounting clasp comprises includes an upper section and a lower section, which are pivotably interconnected at a hinge via a pivot pin for movement between an open position and a closed position (per Lesley and/or Morris, see the rejection of claim 6 above for details).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2020/0023787 to Prescott (Prescott) as applied to claim 1 above, either alone or further in view of U.S. Patent #11,472,502 to Huang (Huang).
With Respect to Claim 8
The hitch-mounted carrier system of claim 3, wherein the handle includes an actuator member (238), an actuator rod (226), and a retainer bar (244), wherein the actuator member is secured to the rear end of the actuator rod, which extends longitudinally through the interior of beam and is connected at its forward end to the retainer bar (see, e.g. FIGS. 17-22, [0084-0086]), and wherein the retainer bar extends through a pair of slots in side walls of the front mounting section and aligned slots in sidewalls of the beam (noting the slots 248 which are a pair of slots in side walls of the front mounting section and aligned slots in sidewalls of the beam). It is noted that Prescott does not detail how the retainer bar (244) is attached to the internal linkage structure/rod (upper portion of 236)
Alternately, Huang discloses a similar hitch mounted carrier system comprising a hitch mounting section, a beam having carrier components attached thereto, and a bracket assembly defining a pivot axis between the beam and hitch mounting section, the pivot bracket assembly similarly including recesses (111) in a pair of side plates, an engaging portion (4) attached to a rod/linkage member (57) and extending through side slots (shown but unlabelled in FIGS. 1-2) allowing the engaging portion to move in and out of the recesses to allow pivoting, the linkage and engaging member operable via a handle including an actuator.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Huang, to attach the retainer bar using a pair of slots in sidewalls of the front mounting section (noting that 236 is taken to be part of the front mounting section), as a mere selection of an art appropriate attachment method to use. With this modification, the structural also meets the limitations of the claim, with a different interpretation of the scope of the indefinite claim language.
With Respect to Claim 9
The hitch-mounted carrier system of claim 8, wherein end portions of retainer bar extend outwardly from the side walls of the beam and the front mounting section and are configured to be received within the notches defined by the side bracket members (per Prescott and/or Huang).
Claims 11 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2020/0023787 to Prescott (Prescott) as applied to claim 10 above, either alone or further in view of U.S. Patent #9,073,492 to Shen (Shen).
With Respect to Claim 11
The hitch-mounted carrier system of claim 10, wherein the tray includes, on a first end, a ratchet strap assembly ([0052]) that is configured for wrapping about a lower area of the bicycle wheels for maintaining them in position (see, e.g. FIG. 1), and on a second end, an arcuate wheel engagement member (noting wheel receiver 152 for the front wheel, FIG. 1) and a wheel clamp assembly ([0052] discloses the use of a rotatable arm with a substantially u-shaped distal end, i.e. a hook, that fits over and secures the wheel, it is Examiner’s position that a person of ordinary skill in the art would understand this structure to be a clamp or alternately forming it to clamp would be obvious as merely having the hook extend above without clamping would not properly secure the bike/tire in position) that includes a pivoting arm and a hook assembly, wherein the wheel of the bicycle is clamped between the hook assembly and the wheel engagement member.
Alternately, Shen discloses forming a similar vehicle mounted bike carrier system including a tray (see upward facing tire receiving portions, FIG. 1) that has on a second end an arcuate wheel engagement member (62, FIGS. 1-2) and a wheel clamp assembly (20) that includes a pivoting arm (22) and a hook assembly (23), wherein the wheel of the bicycle is clamped between the hook assembly and the wheel engagement member (Col. 1 lines 15-23)
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Shen, to form the pivoting arm and u-shaped end per Prescott as a clamping structure to clamp the wheel as taught by Shen, in order to better secure the wheel in position, for the benefits disclosed by Shen, and/or as a mere selection of an art appropriate wheel securement structure to use.
With Respect to Claim 19
The hitch-mounted carrier system of claim 16, wherein the carrier component is a double-arm bicycle carrier module (it is Examiner’s position that Prescott discloses two carriers 152 and having 152 include an arm, and so discloses or alternately clearly renders obvious the use of two carriers each having an arm which is a double-arm carrier module) comprising a tray (noting upper portion of 110 in combination with the wheel receiving structures constitute a tray), a pair of clamping arms (per Prescott and/or Shen) pivotably mounted at respective ends of the tray (i.e. one to each of the wheel carriers), wherein the tray is configured to underlie both wheels of a bicycle and is securable to the beam via the mounting clasp, and the clamping arms are configured to selectively pivot between an upright clamping position and a folded position (per Prescott and/or Shen).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2020/0023787 to Prescott (Prescott) as applied to claim 12 above, and further in view of U.S. Patent Publication #2020/0156724 to Kuschmeader (Kuschmeader).
With Respect to Claim 13
The hitch-mounted carrier system of claim 12, but does not disclose wherein the bumper comprises a light- emitting component, wherein upon activation the lighting module selectively emits light via the light-emitting component.
However, Kuschmeader discloses a similar hitch mounted bicycle carrier system wherein the carrier comprises a light- emitting component (172, FIG. 14A), wherein upon activation the lighting module selectively emits light via the light-emitting component ([0080]) in order to increase visibility and safety during vehicle operation and optionally to provide turn or brake signal indicators.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Kuschmeader, to add one or more light-emitting components (e.g. 172) to the carrier in order to increase visibility and improve safety. It would further have been obvious to one of ordinary skill in the art before the filing date of this application to locate the light-emitting components on the bumper, in order to provide a centrally located light equally visible from either side, to improve visibility of the bumper area to make pivotal adjustment of the carrier easier, as a mere selection of an art appropriate location for the lights or at most a mere rearrangement of parts which does not patentably distinguish over the prior art (MPEP 2144.04).
Claims 4 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2020/0023787 to Prescott (Prescott).
With Respect to Claim 4
The hitch-mounted carrier system of claim 1, wherein the multiple positions of the beam include a lowered tilt position (FIG. 4), an operative position (FIG. 3), and an inoperative, folded position (FIG. 5), but does not disclose multiple inoperative, folded positions.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to provide additional inoperative folded positions, in order to allow for securement in inoperative positions allowing access to the vehicle rear (e.g. to reach the roof from the rear while the carrier was in the folded position), to allow for use with vehicles having protruding rear portions and/or accessories or the like attached to the rear (e.g. a tire carrier on the door might interfere with the folded inoperative position of FIG. 5), and/or as doing so constitutes at most a mere duplication of parts (i.e. it merely adds an additional recess/slot to lock the carrier in an additional position) or merely making adjustable (i.e. it merely adds an additional adjustment location), which does not patentably distinguish over the prior art (MPEP 2144.04).
With Respect to Claim 15
The hitch-mounted carrier system of claim 12, wherein the multiple positions of the beam include a lowered tilt position (FIG. 4), an operative position (FIG. 3), and an inoperative, folded position (FIG. 5), but does not disclose multiple inoperative, folded positions.
However, it would have been obvious to one of ordinary skill in the art before the filing date of this application to provide additional inoperative folded positions, in order to allow for securement in inoperative positions allowing access to the vehicle rear (e.g. to reach the roof from the rear while the carrier was in the folded position), to allow for use with vehicles having protruding rear portions and/or accessories or the like attached to the rear (e.g. a tire carrier on the door might interfere with the folded inoperative position of FIG. 5), and/or as doing so constitutes at most a mere duplication of parts (i.e. it merely adds an additional recess/slot to lock the carrier in an additional position) or merely making adjustable (i.e. it merely adds an additional adjustment location), which does not patentably distinguish over the prior art (MPEP 2144.04).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Publication #2020/0023787 to Prescott (Prescott) as applied to claim 16 above, and further in view of U.S. Patent Publication #2020/0406825 to Wang (Wang)).
With Respect to Claim 20
The hitch-mounted carrier system of claim 16, wherein the carrier component is a frame-engaging bicycle carrier module comprising: at least one tray (upwardly facing surface of 110), wherein the at least one tray is configured to underlie the bicycle wheels and is securable to the beam via the mounting clasp; a support frame assembly (noting bike frame attaching hook, shown in e.g. FIG. 1) comprising a base (attachment structure securing it to 120, not shown or described in detail) mounted to a front mounting section of the beam and a support frame (rod portion alone or in combination with the hook) pivotably mounted to the base (FIG. 5 shows them downward, it is Examiner’s position that they are therefore pivotably mounted to the base or to the degree some other construction might be possible having them pivot to this position is clearly obvious as a mere selection of an art known mechanism to move between the shown positions or constitutes at most merely making adjustable which does not patentably distinguish over the prior art (MPEP 2144.04)), wherein an upper end of the support frame includes at least one support arm, wherein the support arm is configured to selectively engage a frame portion of the bicycle, but does not disclose that the support arm is pivotably mounted.
However, Wang discloses forming a similar hitch mounted carrier with a support frame (140) mounted to base that is attached to a beam which also attaches bicycle tire carrying components/trays, the support frame including at its upper end at least one pivotably mounted support arm (190, noting FIGS. 1 and 6 show them movable between positions, and the clamping portion that attaches to 180 is shown as a circular clamp on a circular tube and so they can pivot when the clamp is loosened) configured to selectively engage a frame portion of the bicycle.
It would have been obvious to one of ordinary skill in the art before the filing date of this application, given the disclosure of Wang, to replace the bike frame engaging hook of Prescott with a support frame and pivotally mounted support arm as taught by Wang, in order to allow for greater adjustability of the clamping/gripping action of the support arm to better secure a bicycle in position and/or provide a better fit to a wider variety of bicycles, and/or as a mere substitution of one art known bike frame engaging/securing structure for another.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM J WAGGENSPACK whose telephone number is (571)270-7418. The examiner can normally be reached M-F 8:30-4:30.
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, Nathan Newhouse can be reached at (571)272-4544. 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.
/ADAM J WAGGENSPACK/Primary Examiner, Art Unit 3734