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 .
Drawings
The drawings are objected to because there are several leader lines on Fig. 2, Fig. 4, and Fig. 5 that do not point to an element (102, 124, 110, 124, 126, 136). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
Claim 1 is 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. It is unclear how the bolt mounting ring is secured to the yoke without the limitation of the spacer as there is a gap between the necessary structural connections. The omitted structural cooperative relationships render the claim vague and indefinite. It is also unclear how structurally the receiver tube 124 is attached/mounted to a hitch or if it is considered as the hitch from the disclosure.
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 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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Jones (U.S. 4,561,575) [575] in view of Fullhart (U.S. 5,190,195) [195] and further in view of Fortune et al. (U.S. 5,085,360) [360].
Regarding Claim 1, as best understood, Reference [575] discloses a rear tire hitch receiver (14) for coupling with an external rear-mounted spare tire, the rear tire hitch receiver comprising: a stem (44, 34, 32) including a yoke (two arms of 106 that are attached to 32), the yoke forming a first plurality of lug nut apertures (apertures on the back of 106 attached to 32, Fig. 5); a bolt mounting ring (front side of 106) secured to the yoke, the bolt mounting ring forming a second plurality of lug nut apertures (two unlabeled lugs of Fig. 5), wherein at least one of the first plurality of lug nut apertures and at least one of the second plurality of lug nut apertures are in alignment; each one of the first and second plurality of lug nut apertures being sized and configured for receipt for one of a plurality of lug nuts, wherein each one of the plurality of lug nuts may be removably attached to at least one lug nut receiver (43) of a wheel hub; a receiver bracket (70) configured to removably couple a receiver (16) to the stem, wherein the receiver is sized and configured to receive and selectively secure a hitch implement to the rear tire hitch receiver; a hitch pin aperture (22, 24) for secured receipt of a hitch pin (26), but does not explicitly disclose a wheel bumper configured to contact a wheel when the rear tire hitch receiver is removably attached to the wheel hub or a strap guide and a strap attached to the receiver, wherein the strap is sized and configured to be secured around the circumference of the wheel when the rear tire hitch is removably attached to the wheel hub
Nevertheless, Reference [195] teaches a wheel bumper (foam tape).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have modified the tire carrier assembly of Reference [575] with the foam tape on the arm as taught by Reference [195] in order to protect the carrier from being scratched.
Further, Reference [360] teaches a strap secured around the circumference of the wheel (15, 16).
It would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to have modified the assembly of Reference [575] / [195] with the straps as taught by Reference [360] in order to encircle the spare tire and have a firm connection to the carrier assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The examiner notes that mounting a wheel by the lug nut holes is demonstrated in U.S. 5,076,477; U.S. 2005/0023315; and U.S. 4,561,575.
The Examiner notes that U.S. 2012/0175388 discloses a similarly configured spare tire carrier and tire orientation with respect to the vehicle as Applicant’s disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JASON W SAN whose telephone number is (571)272-6531. The examiner can normally be reached on M-F 8AM-5PM.
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, John Fristoe can be reached on 571-272-4926. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JASON W SAN/ SPE, Art Unit 3677