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
Claims 1, 6, 7, and 12-14 are objected to because of the following informalities:
Regarding claims 1 and 20, “the second fixingelement.” should be and is interpreted as “rotate away from the second fixing element.”
Regarding claims 6, 7, and 14, “attachementhole” should be and is interpreted as “attachment hole”
Regarding claim 12, “islinear” should be and is interpreted as “is linear.”
Regarding claim 13, “isnon-linear” should be and is interpreted as “is non-linear.”
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 1-8 and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2024/0208286 A1 to Kari et al (hereinafter Kari).
Regarding claim 1, Kari discloses a break-away recovery point device (10) for use with a vehicle frame (16) (Figs. 1 and 4 & [0023]-[0024]), said break-away recovery point device comprising:
a body (10) having a recovery attachment device space (24) (Fig. 4 & [0034]), a frame attachment hole (46) (Figs. 5 and 11-14 & [0039] and [0045] discloses the recovery point 10 is attached to the bracket 8 via hole 46 with fastener 14 and that bracket 8 is integrally formed with the frame 16 and thus is interpreted as being part of the frame), and a break-away slot (32) (Figs. 5 and 11-14 & [0035] and [0055]),
wherein said recovery attachment device space (24) is configured to receive a recovery attachment device (18) that provides a supplemental pulling force (Fig. 4 & [0024]. Further, Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and although fully considered – is not understood to affect the scope of the claim because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.),
wherein said frame attachment hole (46) is configured to receive a first fixing element (14) to affix said body (10) to the vehicle frame (8,16) and to enable rotation of said body (10) about the first fixing element (14) (Figs. 5 and 11-14 & [0039] and [0049] disclose the hook is attached to the frame via fastener 14 through hole 46 and opening 54,56. Noting that opening 56 is depicted in Fig. 11 as being an aperture. The body is interpreted as being enabled to rotate about the first fixing element because of the round shape of hole 14 and the mounting arrangement being either a slot, e.g., 54, or a hole, e.g., 56. So long as fastener 12 is not inserted, the body 10 would be able to rotate about the axis of fastener 14. Further, Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and although fully considered – is not understood to affect the scope of the claim because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.), and
wherein said break-away slot (32) is configured to receive a second fixing element (12) to affix said body (10) to the vehicle frame (8,16) and to enable said body (10) to rotate away from the second fixing element (Figs. 5 and 11-14 & [0035] and [0047] disclose the hook is attached to the frame via fastener 12 through slot 32 and aperture 52. The body is interpreted as being enabled to rotate away from the second fixing element 12 because so long as fastener 14 is inserted securing hole 46 to the frame 8,16, the body 10 would be able to rotate about the axis of fastener 14 providing that fastener 12 is only partially inserted into hole 52 or if fastener 12 was inserted and screwed into hole 52 without passing through slot 32 then the body 10 can rotate about the axis of fastener 14 and away from fastener 12. Further, Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and although fully considered – is not understood to affect the scope of the claim because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.).
Regarding claim 2, depending on claim 1, Kari further discloses wherein said break-away slot (32) comprises a first slot face (42), a second slot face (A), and a receiving slot end (70), and wherein said receiving slot end (70) is configured to receive the second fixing element (12) such that the supplemental pulling force will be distributed between a first contact of said frame attachment hole (46) with said first fixing element (14) and the receiving slot end (70) and the second fixing element (12) (Annotated Fig. 6, Figs. 4 and 11-12, & [0052]-[0054]).
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Regarding claim 3, depending on claim 2 Kari further discloses wherein said first slot face (42) is parallel with said second slot face (A) (Annotated Fig. 6).
Regarding claim 4, depending on claim 2 Kari further discloses, wherein said first slot face (42) is linear (Annotated Fig. 6).
Regarding claim 5, depending on claim 2 Kari further discloses, wherein said first slot face (42) is non-linear (Annotated Fig. 6 depicts the first slot face is linear in a first section and non-linear at arc B in the section transitioning to the receiving slot end 70).
Regarding claim 6, depending on claim 5, Kari further discloses wherein said first slot face comprises an arc (B) that is unaligned with a circular arc of rotation about said frame attachment hole (46) (Annotated Fig. 6, and Figs. 11-14 depict the axis of hole 46 as being “unaligned” with arc B. As discussed above body is configured to be rotatable about the center axis of hole 46/fastener 14, that rotation path is interpreted as being the “arc of rotation”).
Regarding claims 7 and 8, each depending on claim 6 respectively, Kari further discloses wherein said arc (B) has a curvature that is less than a curvature of the circular arc of rotation about said frame attachment hole (46) (as discussed above in claim 6, Annotated Fig. 6, and Figs. 11-14 depict the arc B and the “arc of rotation” of the body about the frame attachment hole 46 noting that the “arc of rotation” could be considered to be of any length, i.e., longer or shorter than the arc B because 1 deg of rotation of the body would be shorter than the arc B while 80 deg of rotation of the body would be longer than arc B).
Regarding claim 17, Kari discloses a vehicle (2) (Fig. 1 & [0025]) comprising:
a vehicle frame (8,16) (Figs. 2,4, 11 & [0027] and [0045]); and
(24) (Fig. 4 & [0034]), a frame attachment hole (46) (Figs. 5 and 11-14 & [0039] and [0045] discloses the recovery point 10 is attached to the bracket 8 via hole 46 with fastener 14 and that bracket 8 is integrally formed with the frame 16 and thus is interpreted as being part of the frame), and a break-away slot (32) (Figs. 5 and 11-14 & [0035] and [0055]);
a first fixing element (14) (Fig. 11 & [0049]); and
a second fixing element (12) (Fig. 11 & [0047]),
wherein said recovery attachment device space (24) is configured to receive a recovery attachment device (18) that provides a supplemental pulling force (Fig. 4 & [0024]. Further, Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and although fully considered – is not understood to affect the scope of the claim because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.),
wherein said frame attachment hole (46) is configured to receive said first fixing element (14) to affix said body (10) to the vehicle frame (8,16) and to enable rotation of said body (10) about saidf first fixing element (14) (Figs. 5 and 11-14 & [0039] and [0049] disclose the hook is attached to the frame via fastener 14 through hole 46 and opening 54,56. Noting that opening 56 is depicted in Fig. 11 as being an aperture. The body is interpreted as being enabled to rotate about the first fixing element because of the round shape of hole 14 and the mounting arrangement being either a slot, e.g., 54, or a hole, e.g., 56. So long as fastener 12 is not inserted, the body 10 would be able to rotate about the axis of fastener 14. Further, Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and although fully considered – is not understood to affect the scope of the claim because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.), and
wherein said break-away slot (32) is configured to receive a second fixing element (12) to affix said body (10) to the vehicle frame (8,16) and to enable said body (10) to rotate away from the second fixing element (Figs. 5 and 11-14 & [0035] and [0047] disclose the hook is attached to the frame via fastener 12 through slot 32 and aperture 52. The body is interpreted as being enabled to rotate away from the second fixing element 12 because so long as fastener 14 is inserted securing hole 46 to the frame 8,16, the body 10 would be able to rotate about the axis of fastener 14 providing that fastener 12 is only partially inserted into hole 52 or if fastener 12 was inserted and screwed into hole 52 without passing through slot 32 then the body 10 can rotate about the axis of fastener 14 and away from fastener 12. Further, Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and although fully considered – is not understood to affect the scope of the claim because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.).
Regarding claim 18, depending on claim 17, Kari further discloses wherein said break-away slot (32) comprises a first slot face (42), a second slot face (A), and a receiving slot end (70), and wherein said receiving slot end (70) is configured to receive the second fixing element (12) such that the supplemental pulling force will be distributed between a first contact of said frame attachment hole (46) with said first fixing element (14) and said receiving slot end (70) and said second fixing element (12) (Annotated Fig. 6, Figs. 4 and 11-12, & [0052]-[0054]).
Regarding claim 19, Kari discloses method of mounting a break-away recovery point device (10) to a vehicle frame (8,16) (Figs. 4 and 11-14 & Abstract), said method comprising:
inserting a first fixing element (14) into a frame attachment hole (46) of a body (10) having a recovery attachment device space (24) (Figs. 11-14 & [0039] and [0044]), the frame attachment hole (46), and a break-away slot (32) to attach the body (10) to the vehicle frame (8,16) and to enable rotation of the body (10) about the first fixing element (14) (Figs. 5 and 11-14 & [0039] and [0049] disclose the hook is attached to the frame via fastener 14 through hole 46 and opening 54,56. Noting that opening 56 is depicted in Fig. 11 as being an aperture. The body is interpreted as being enabled to rotate about the first fixing element because of the round shape of hole 14 and the mounting arrangement being either a slot, e.g., 54, or a hole, e.g., 56. So long as fastener 12 is not inserted, the body 10 would be able to rotate about the axis of fastener 14. Further, Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and although fully considered – is not understood to affect the scope of the claim because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.); and
inserting a second fixing element (12) into the break-away slot (32) further to affix the body (10) to the vehicle frame (8,16) and to enable said body to rotate away from the second fixing element (Figs. 5 and 11-14 & [0035] and [0047] disclose the hook is attached to the frame via fastener 12 through slot 32 and aperture 52. The body is interpreted as being enabled to rotate away from the second fixing element 12 because so long as fastener 14 is inserted securing hole 46 to the frame 8,16, the body 10 would be able to rotate about the axis of fastener 14 providing that fastener 12 is only partially inserted into hole 52 or if fastener 12 was inserted and screwed into hole 52 without passing through slot 32 then the body 10 can rotate about the axis of fastener 14 and away from fastener 12. Further, Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and although fully considered – is not understood to affect the scope of the claim because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.),
wherein the recovery attachment device space (24) is configured to receive a recovery attachment device (18) that is able to provide a supplemental pulling force (Fig. 4 & [0024]. Further, Examiner notes that the underlined clause is considered to be intended use as it is a recitation with respect to the manner in which the claimed apparatus is intended to be employed and although fully considered – is not understood to affect the scope of the claim because recitations of intended use of the claimed invention do not result in a structural difference between the claimed invention and the prior art. See MPEP 2114.).
Regarding claim 20, depending on claim 19, Kari further discloses wherein the break-away slot (32) comprises a first slot face (42), a second slot face (A), and a receiving slot end (70), and wherein the receiving slot end (70) is configured to receive the second fixing element (12) such that the supplemental pulling force will be distributed between a first contact of the frame attachment hole (46) with the first fixing element (14) and the receiving slot end (70) and the second fixing element (12) (Annotated Fig. 6, Figs. 4 and 11-12, & [0052]-[0054]).
Allowable Subject Matter
Claims 9-16 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER B WEHRLY whose telephone number is (303)297-4433. The examiner can normally be reached Monday - Friday, 8:30 - 4:30 MT.
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/CHRISTOPHER B WEHRLY/Primary Examiner, Art Unit 3611
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