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 .
This communication is in response to application No. 18/802,457; Truck Saddle-Mounts with J-Clamp; filed on 8/13/2024 as a Continuation of application 17/130,043 filed on 12/22/2020. Claims 1 - 20 are currently pending and have been examined. Claims 1 - 20 have been rejected as follows.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claims 1 and 14 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1 of US 2022/0194150 A1 discloses the J-clamp, rocker and straight bolt as described in the instant claims 1 and 14.
Claim 3 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 2 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 2 disclose all the features of the instant claim 3 including a rocker which includes a first bore.
Claim 4 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 disclose all of the features of the instant claim 4 including;
wherein the rocker includes a channel formed in an upper surface of the rocker and disposed adjacent to the first bore.
Claim 5 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 4 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-3 and 4 disclose all of the features of the instant claim 5 including;
a clamp body with a block portion, a hollow cylindrical portion, a second major interior surface defining a second bore and the hollow cylindrical portion having a second major exterior surface.
Claim 6 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-7 and 10 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 6-7 and 10 disclose all of the features of the instant claim 6 including;
wherein the block portion of the J-clamp is slidably disposed in the channel of the rocker, and the hollow cylindrical portion of the J-clamp is slidably disposed in the first bore of the rocker.
Claim 7 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 5 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4 and 5 disclose all of the features of the instant claim 7 including;
wherein the first bore of the rocker has a first diameter and the hollow cylindrical portion of the J-clamp has a second diameter, the first diameter being greater than the second diameter and permitting the hollow cylindrical portion of the J-clamp to be slidably received by the first bore of the rocker.
Claim 8 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 6 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4 and 6 disclose all of the features of the instant claim 8 including;
wherein the channel of the rocker has a first width and the block portion of the J-clamp has a second width, the first width being greater than the second width and permitting the block portion of the J-clamp to be slidably received by the channel of the rocker body.
Claim 9 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6 and 7 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 6 and 7 disclose all of the features of the instant claim 9 including;
wherein the block portion of the J-clamp is not permitted to rotate within the channel of the rocker body.
Claim 10 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, and 8 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4 and 8 disclose all of the features of the instant claim 10 including;
wherein the second major interior surface of the hollow cylindrical portion of the J-clamp body has an unthreaded segment and a threaded segment, the threaded segment cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
Claim 11 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-7, and 10-11 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4, 6-7, and 10-11 disclose all of the features of the instant claim 11 including;
wherein the rocker has an opening formed in a first end of the rocker body, the opening in communication with the first bore.
Claim 12 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-7, and 10-12 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because s 1-4, 6-7, and 10-12 disclose all of the features of the instant claim 12 including;
wherein the straight bolt is disposed through the opening at the first end of the rocker body, through the first bore of the rocker body, and in the second bore of the J-clamp body.
Claim 13 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 13 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4 and 13 disclose all of the features of the instant claim 13 including;
wherein the rocker body further has a first hook portion, and the J-clamp body further has a second hook portion, the first hook portion disposed opposite and facing the second hook portion, and the first hook portion and the second hook portion are configured to receive an axle of the vehicle to be towed therebetween.
Claim 16 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 8 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4 and 8 disclose all of the features of the instant claim 16 including;
wherein the second major interior surface of the cylindrical hollow portion of the J-clamp body includes a threaded segment cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
Claim 17 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 13 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claim 1-4 and 13 disclose all of the features of the instant claim 17 including
wherein the rocker further has a first hook portion, and the J-clamp further has a second hook portion, the first hook portion disposed opposite and facing the second hook portion, and the first hook portion and the second hook portion are configured to selectively receive and secure an object therebetween.
Claim 18 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 13 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 13 disclose all of the features of the instant claim 18 including;
A head assembly for a bolster of a saddle-mount, the head assembly comprising:
a base configured to be moveably disposed on the bolster of the saddle-mount; and
at least one clamp assembly pivotably connected to the base and configured to connect to a vehicle to be towed,
the at least one clamp assembly having a rocker including a first hook portion, a first through bore, and a channel formed in an upper surface of the rocker and disposed adjacent to the first through bore, the first through bore in communication with the channel;
a J-clamp including a second hook portion, a block portion, a cylindrical portion, and a second through bore disposed through the cylindrical portion and at least part of the block portion,
the J-clamp slidably disposed in the rocker with the cylindrical portion of the J-clamp at least partially received in the first through bore and the block portion of the J-clamp at least partially received in the channel,
the first hook portion disposed opposite and facing the second hook portion, and the first hook portion of the rocker and the second hook portion of the J-clamp configured to selectively receive an axle of the vehicle therebetween; and
a straight bolt received in the first through bore of the rocker and the second through bore of the J-clamp to facilitate securing the J-clamp to the rocker,
whereby a position of the J-clamp relative to the rocker is controlled by a rotation of the straight bolt.
Claim 20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4 and 8 of U.S. Patent No. US 2022/0194150 A1. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-4 and 8 disclose all of the features of the instant claim 20 including;
wherein the second through bore of the J-clamp includes a threaded segment formed on an interior surface of the second through bore, the threaded segment cooperating with the straight bolt to selectively secure the J-clamp to the rocker.
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.
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Claim(s) 2, 15, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable in view of Cox (US 2541209 A).
The functional features of Cox are very similar to the present application. Cox utilizes two, opposed hook shaped jaws to clamp the towed vehicle frame section. In order to actuate the clamping function, Cox utilizes a threaded extension of the moveable jaw. This movable jaw is adjusted and tightened by a nut threaded onto the threaded extension and tightened against the non-moving jaw (fig. 8 above). The present application replaces the threaded extension of the moveable jaw with a threaded hole in the movable jaw. A bolt is then used to tighten the movable jaw, while the head of the bolt bears against the non-moving jaw. Claims 2, 15, and 19 presumably replace the threaded hole in the movable jaw with a nut which, by necessity, must bear against the movable jaw such that the jaws can function to clamp the towed vehicle frame section. As the hole through the movable jaw is no longer threaded, the relative position of the bolt and nut may be oriented in either to two manners, with the nut positioned behind the movable jaw or behind the non-moving jaw (as illustrated in fig. 8 of Cox, above).
Regarding claim 2 and including independent claim 1, Cox discloses;
A clamp assembly, comprising: a J-clamp (hook clamp 26; fig. 8), a rocker (hook section 21), and a straight bolt (bolt section 29), (Fig. 8 and col. 5, lines 27-39, describe a hook section (21) which is integrally constructed with support section (19) and channel section (24).)
the J-clamp slidably disposed in the rocker and selectively secured to the rocker by the straight bolt, (Fig. 8 and col. 5, lines 27-39, describe the J-clamp (hook clamp 26) as fitting within the channel section of the rocker, which comprises hook section (21), support section (19) and channel section (24).)
the straight bolt disposed through the rocker, whereby a position of the J-clamp relative to the rocker is controlled by a rotation of the straight bolt. (Fig. 8 and col. 5, line 34, describes a bolt section (29) as part of the J-clamp (hook clamp 26), which passes through the rocker (channel 24) and controls the position of the J-clamp. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to replace this bolt section with a separate bolt, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.)
further comprising a nut (nut 30; fig. 8, col. 5, lines 35-39) cooperating with the bolt (bolt section 29) to selectively secure the clamped object to the rocker.
Regarding claim 15 and including independent claim 14, Cox discloses;
A clamp assembly, comprising:
a rocker (hook section 21), including a first through bore (bore through channel section 24; fig. 8) and a channel formed in an upper surface of the rocker disposed adjacent to the first through bore, the first through bore in communication with the channel; (Fig. 8 and col. 5, lines 27-39, describe a rocker (hook section 21) which is integrally constructed with support section (19) and channel section (24). Fig. 8 illustrates a through bore which passes through (21) and accepts the bolt section (29).)
a J-clamp (hook clamp 26; fig. 8), including a block portion (fig. 7 illustrates the block shape of the body of 26), a cylindrical portion (fig. 8 illustrates the cylindrical section of the bolt section 29 where it meets the block section of 26), and a second through bore disposed through the cylindrical portion and at least part of the block portion, (Cox utilizes a bolt section as part of the J-clamp, rather than a separate bolt. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to replace this bolt section with a separate bolt, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. In replacing this bolt section with a separate bolt, a bore hole would be required in the J-clamp body to facilitate the passage of the bolt. Such a bore hole would likewise have been obvious.)
the J-clamp (hook clamp 26; fig. 8) slidably disposed in the rocker (hook section 21) with the cylindrical portion of the J-clamp at least partially received in the first through bore (bore through channel section 24) and the block portion of the J-clamp at least partially received in the channel; (Fig. 8 and col. 5, lines 27-39, describe the J-clamp (hook clamp 26) as fitting within the channel section of the rocker, which comprises hook section (21), support section (19) and channel section (24).)
a straight bolt (bolt section 29) received in the first through bore of the rocker and the second through bore of the J-clamp to facilitate securing the J-clamp to the rocker, (Fig. 8 and col. 5, line 34, describes a bolt section (29) as part of the J-clamp (hook clamp 26), which passes through the rocker (channel 24) and controls the position of the J-clamp. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to replace this bolt section with a separate bolt, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.)
whereby a position of the J-clamp relative to the rocker is controlled by a rotation of the straight bolt. (Fig. 8 and col. 5, lines 27-39, describe a hook section (21) which is integrally constructed with support section (19) and channel section (24).)
further comprising a nut (nut 30; fig. 8, col. 5, lines 35-39) cooperating with the straight bolt (bolt section 29) to selectively secure the J-clamp to the rocker.
Regarding claim 19 and including independent claim 18, Cox discloses;
A head assembly for a bolster of a saddle-mount (saddle mount S; fig. 7, col. 4, lines 67-71) the head assembly comprising: (Col. 1, lines 1-6 describes the use of the saddle mount to connect a towed vehicle.)
a base configured to be moveably disposed on the bolster of the saddle-mount; (Fig. 7 illustrates the base as moving in two axis in relation to the saddle mount.)
at least one clamp assembly pivotably connected to the base and configured to connect to a vehicle to be towed, (Fig. 7 illustrates the clamp assembly as pivoting on the base.)
the at least one clamp assembly having a rocker (hook section 21) including a first hook portion, a first through bore (bore through channel section 24; fig. 8), and a channel formed in an upper surface of the rocker and disposed adjacent to the first through bore, the first through bore in communication with the channel; (Fig. 8 and col. 5, lines 27-39, describe a rocker (hook section 21) which is integrally constructed with support section (19) and channel section (24). Fig.8 illustrates a through bore which passes through (12) and accepts the bolt section (29).)
a J-clamp (hook clamp 26; fig. 8) including a second hook portion (hook section 26), a block portion (fig. 7 illustrates the block shape of the lower body of 26), a cylindrical portion (central portion of hook clamp 26 where it meets the shank of bolt section 29), and a second through bore disposed through the cylindrical portion and at least part of the block portion, (Cox utilizes a bolt section as part of the J-clamp, rather than a separate bolt. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to replace this bolt section with a separate bolt, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. In replacing this bolt section with a separate bolt, a bore hole would be required in the J-clamp body to facilitate the passage of the bolt. Such a bore hole would likewise have been obvious.)
the J-clamp slidably disposed in the rocker (hook section 21) with the cylindrical portion of the J-clamp at least partially received in the first through bore (bore through channel section 24) and the block portion of the J-clamp at least partially received in the channel, (Fig. 8 and col. 5, lines 27-39, describe the J-clamp (hook clamp 26) as fitting within the channel section of the rocker, which comprises hook section (21), support section (19) and channel section (24).)
the first hook portion disposed opposite and facing the second hook portion, and the first hook portion of the rocker and the second hook portion of the J-clamp configured to selectively receive an axle of the vehicle therebetween; (Fig. 8 illustrates the two hook sections facing each other and receiving a vehicle axle between them.)
a straight bolt received in the first through bore of the rocker and the second through bore of the J-clamp to facilitate securing the J-clamp to the rocker, (Fig. 8 illustrates the bolt section of the second hook portion (26) passing through the bore of the rocker (21) to facilitate securing the J-clamp to the rocker. With the replacement of the bolt section with a separate bolt, the bolt would pass through the bores in both the rocker and the J-clamp to secure them together.)
whereby a position of the J-clamp relative to the rocker is controlled by a rotation of the straight bolt. (With the replacement of the bolt section by a separate bolt, the rotation of the bolt, with a mated nut, would control the position of the J-clamp relative to the rocker.)
further comprising a nut (nut 30; fig. 8, col. 5, lines 35-39) cooperating with the straight bolt (bolt section 29) to selectively secure the J-clamp to the rocker.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT LAWRENCE STRICKLER whose telephone number is (703)756-1961. The examiner can normally be reached Mon. - Fri. 9:30am to 5:30pm.
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/SCOTT LAWRENCE STRICKLER/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
July 24, 2026
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