DETAILED ACTION
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 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 1-8 and 14-20 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 pre-AIA the applicant regards as the invention.
With respect to claim 1, the recitation in line 8 of “the pintle hitch hook support portion” renders the claim indefinite because it is unclear if this support portion is different from the “pintle hook support portion” in line 2.
With respect to claim 14, the recitations of “the pintle hitch hook support portion” and “the pintle hook supporting portion” in lines 4 and 5-6, respectively, render the claims indefinite because it is unclear if these support portions are the same of different from the “pintle hitch support portion” in line 1.
With respect to claim 15, “the handle” lacks proper antecedent basis.
With respect to claim 19, the recitation of “the pair of spacers” lacks proper antecedent basis. It appears claim 19 should depend from claim 17 rather than claim 18.
Claim Rejections - 35 USC § 102
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.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cowett (US 7,044,494).
With respect to claim 14, Cowett discloses a hitch comprising a hitch body (14) with pintle hitch support portion (122) and a pintle horn (52b), the hitch further comprising a pintle hook (72) pivotally attached to the hitch body, the hitch further comprising a pintle hitch latch (112 and 132) having a pivot pin (112) and a locking pin portion (132) in a fixed relationship (when both inserted into their respective openings, they are fixed relative to each other), the pivot pin extending horizontally through a pintle hitch hook support portion (76 or 122, Figs 1-2), the locking pin portion extendable into either of two locking aperture openings (82 or 84) in a pintle hook supporting portion (76) providing a pair of lockable positions where the hitch is open (Fig 4) and closed (Fig 2).
With respect to claim 15, wherein a handle (132a) of the latch is manipulatable to unlock the hook from a locked position at one of the open and closed position and to move the hook to the other of the open and closed positions by a pulling and twisting motion (pin 132 is pulled out and hook 72 is twisted to the open or closed positions around pivot pin 112).
Allowable Subject Matter
Claims 1-8 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Claims 9-13 are allowed.
Claims 16-20 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
With respect to claims 1 and 16, Cowett does not disclose the combination of a pintle support portions and a flapper support portion with both a pintle and a flapper in the same apparatus.
With respect to claim 9, Cowett does not disclose a V-shaped flapper connected to the hitch body, the V-shaped flapper having a pair of arms joined at an apex and separated at the hitch body, each of the pair of arms having an arm end pivotally attached to the hitch body, the hitch further comprising at least one polymeric spacer positioned at each of the pair of arm ends and interfacing with said pair of arm ends and with the hitch body thereby providing resistance to pivotal motion of the flapper with respect to the hitch body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW J BROWN whose telephone number is (571)272-1362. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at 571-272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3617
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