DETAILED ACTION
The present application is being examined under the pre-AIA first to invent provisions.
Claim Objections
Claims 4, 5, 12, 13, and 19 are objected to because of the following informalities:
Claim 4, line 3 recites the limitation “the mainframe assembly” which should be changed to “the main frame assembly”.
Claim 5, line 3 recites the limitation “the mainframe assembly” which should be changed to “the main frame assembly”.
Claim 12, line 3 recites the limitation “the wheel” which should be changed to “a wheel”.
Claim 13, line 2 recites the limitation “one wheel forward while pushing another wheel” which should be changed to “one of the wheels forward while pushing another of the wheels”.
Claim 19, line 1 recites the limitation “opposing triangles” which should be changed to “the opposing triangles”.
Appropriate correction is required.
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 1 – 7 are rejected under 35 U.S.C. 103 as being unpatentable over Nejsum (WO 2004050457 A1) in view of Greeley (US 2,534,665).
For claim 1, Nejsum discloses a steerable trailer 1, comprising:
opposing wheels 4, 4 [attached to ends of a main frame assembly 3, 8] (fig. 1, col. 2, lines 36 – 38);
swinging arms 10’, 10” [pivotally attached at rearward ends to the main frame assembly] (page 5, lines 18 – 20) and [forward ends configured for attaching to a towing vehicle] (indirectly, page 7, lines 7 – 8, via frame 3 and coupling 5); and
tie rods 15”’ [connected between each wheel and each swinging arm] (fig. 3);
[opposing triangles formed between the swinging arms, the tie rods and the main frame assembly, wherein interior angles of the opposing triangles change during turning] (fig. 3), but does not explicitly disclose the towing vehicle is a towing implement.
Greeley discloses [a trailer pulled by a rear end of a truck, a tractor, or other pulling implement] (col. 1, lines 2 – 3).
At the time of the invention, it would have been obvious to one of ordinary skill in the art to alternatively use the towing implement of Greeley with the steerable trailer of Nejsum to allow for an increase in overall vehicles capable of towing the trailer, thus improving overall usability within different working environments.
Regarding claims 2 and 3, Nejsum modified as above does not explicitly teach that the opposing triangles comprises 90 degree or obtuse angles between each swinging arm and the main frame assembly. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the angle between each swinging arm and main frame assembly to be 90 degrees or obtuse with a reasonable expectation of success because it would allow for accommodation to maintain a proper steering relationship, thus improving overall steering of the vehicle, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. See, In re Aller, 105 USPQ 233. Moreover, Applicant should note that nothing of record, nor known in the art, suggests that using the specific claimed range or value yields any previously unexpected results.
Regarding claim 4, Nejsum modified as above does not explicitly teach that the opposing triangles comprises 45 degrees between each swinging arm and the tie rod. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the angle between each swinging arm and tie rod to be 45 degrees with a reasonable expectation of success because it would allow for accommodation to maintain a proper steering relationship, thus improving overall steering of the vehicle, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. See, In re Aller, 105 USPQ 233. Moreover, Applicant should note that nothing of record, nor known in the art, suggests that using the specific claimed range or value yields any previously unexpected results.
Regarding claim 5, Nejsum modified as above does not explicitly teach that the opposing triangles comprises 45 degrees between each tie rod and main frame assembly. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the angle between each tie rod and main frame assembly to be 45 degrees with a reasonable expectation of success because it would allow for accommodation to maintain a proper steering relationship, thus improving overall steering of the vehicle, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. See, In re Aller, 105 USPQ 233. Moreover, Applicant should note that nothing of record, nor known in the art, suggests that using the specific claimed range or value yields any previously unexpected results.
For claim 6, Nejsum modified as above the steerable trailer wherein the opposing triangles comprise [acute angles between each swinging arm and each tie rod to provide a maximum forward and backward shifting of the main frame assembly during turning of the towing implement] (fig. 3).
For claim 7, Nejsum modified as above discloses the steerable trailer wherein the opposing triangles comprise [acute angles between each tie rod and the main frame assembly to provide a maximum forward and backward shifting of the main frame assembly during turning of the towing implement] (fig. 3).
Allowable Subject Matter
Claims 8 – 20 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art fails to disclose:
For claim 8 – 11: forward ends of the swinging arms configured for attaching to a towing implement; turning occurs when the forward ends are shifted forward and backward by the towing implement; wherein interior angles of opposing triangles formed between the swinging arms, tie rods and main frame change during turning; or
For claims 12 – 20: attaching forward ends of forwardly extending swinging arms to a towing implement; steering a wheeled main frame assembly left and right by shifting the forwardly extending swinging arms forward and rearward in opposite directions, wherein interior angles of opposing triangles formed between the forward extending swinging arms, tie rods and the wheeled main frame assembly change during turning.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-5244226 – comprising a trailer comprising cylinders; tie rods; and wheels;
US-4451058 – comprising a dolly comprising links; steering link connector; and adjustable length link;
US-4208063 – comprising a trailer comprising control arms; primary steering arm; tie rods; and arms;
US-3899188 – comprising a crank member; track rods; drag links; connections; and wheels;
US-3753580 – comprising wheels; drag links; rigid arms; cross frame member; and attachment bar;
US-2579118 – comprising wheels; steering arms; tie rod; and links;
US-2559487 – comprising outer members; steering lever; and upper and base plates;
US-2498779 – comprising tie rods and wheels;
US-1390428 – comprising a trailer comprising radius rods and wheels; and
GB-2320473A – comprising a pair of links; a plate has two pivoted connections; trackrods; forward arms; and steer road wheels.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jacob D. Knutson whose telephone number is (571)270-5576. The examiner can normally be reached 8:00 am - 4:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at (571)-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB D KNUTSON/Primary Examiner, Art Unit 3611
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