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 § 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 7, 9, and 18-20 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Mida et al. (US 2014/0265252 A1) hereinafter, Mida.
Regarding claim 1, Mida teaches a system, comprising:
a bed floor (108) including a hitch opening (102);
a platform (124) mounted to cover the hitch opening, the platform having a first bed surface (222) and a second bed surface (202) facing opposite the first bed surface; and
a hitch (116) supported on the first bed surface of the platform (Fig 2-7), wherein the platform and the hitch are selectively movable as a unit between a towing position where the hitch is located in a cargo area above the bed floor (Fig 7) and a stowed position where the hitch is located underneath the bed floor (Fig 2).
Regarding claim 2, Mida teaches that the first bed surface is flush with an upper surface of the bed floor when in the towing position (Fig 7) and the second bed surface is flush with the upper surface of the bed floor when in the stowed position (Fig 2).
Regarding claim 3, Mida teaches an actuator (156+160) that is selectively controlled to move the unit between the towing position and the stowed position (Fig 2-7).
Regarding claim 4, Mida teaches that the actuator comprises a lever arm (180) that is coupled to a drive mechanism (160) that interconnects the lever arm and the unit (Fig 2-7).
Regarding claim 7, Mida teaches that the unit is rotatable relative to the bed floor between the towing position and the stowed position (180 degrees, Para [0061] and Fig 2-7).
Regarding claim 9, Mida teaches at least one lock member (174) that is moveable between a lock position where the unit is prevented from moving relative to the bed floor (Fig 7) and an unlock position where the unit is allowed to move relative to the bed floor (Fig 6).
Regarding claim 18, Mida teaches a method comprising:
selectively moving a trailer hitch (116) between a towing position where the trailer hitch is located in a cargo area above a vehicle bed floor (Fig 7) and a stowed position where the trailer hitch is located underneath the vehicle bed floor and hidden from view (Fig 4).
Regarding claim 19, Mida teaches rotating the trailer hitch between the towing position and the stowed position (moving from Fig 7 to Fig 4).
Regarding claim 20, Mida teaches locking the trailer hitch relative to the vehicle bed floor when trailer hitch is in the towing position (Fig 7);
unlocking the trailer hitch (Fig 6);
rotating the trailer hitch to the stowed position (Fig 5); and
relocking the trailer hitch to the vehicle bed floor (Fig 4).
Claim(s) 12-14 and 17 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Works (US 5,016,898 A).
Regarding claim 12, Works teaches a system, comprising: a bed floor defining a cargo area (B) and including a hitch opening (18); a receptacle (12) supported by a vehicle frame (14) underneath the bed floor and having an open end aligned with the hitch opening (18); a platform (10) mounted to cover the open end of the receptacle (Fig 1-6), the platform having a first bed surface (24) and a second bed surface (31) facing opposite the first bed surface (Fig 8-9); and a hitch (25) supported on the first bed surface of the platform (Fig 7-9), wherein the platform and the hitch are selectively movable as a unit between a towing position where the hitch is located in the cargo area (Fig 4) and a stowed position where the hitch is received within the receptacle and the second bed surface faces the cargo area (Fig 5).
Regarding claim 13, Dick teaches that the first bed surface is flush with an upper surface of the bed floor when in the towing position (Fig 4) and the second bed surface is flush with the upper surface of the bed floor when in the stowed position (Fig 5).
Regarding claim 14, Works teaches a lever arm (41) that is coupled to a drive mechanism (40) that interconnects the lever arm and the unit (Fig 4).
Regarding claim 17, Works teaches that the receptacle comprises an enclosed tub (12+24) extending underneath the bed floor from the open end, and wherein the enclosed tub includes at least one drain opening (24’, Fig 6).
Allowable Subject Matter
Claims 5-6, 8, 10-11, and 15-16 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.
The following is a statement of reasons for the indication of allowable subject matter: Claim 5 recites that the lever arm is received within the first receptacle and covered with a cap when the unit is in the stowed position.
Claim 8 recites a pivot rod coupled to the unit to support the unit relative to a vehicle frame for pivoting movement between the towing position and the stowed position.
Claims 10 and 16 recite locking teeth associated with the bed floor along one edge of the hitch opening.
Claim 15 recites that the unit is rotatable relative to the bed floor between the towing position and the stowed position via selective movement of the lever arm.
Since the prior art (e.g. Mida and Works) teach stowable trailer hitch that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 3-4 of the examined disclosure shows the stowable hitch, which is different than the stowable hitch taught by the prior art of record (Fig. 7 of Mida and Fig. 4 of Works, etc.)
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references noted on the attached PTO-892 form teach stowable trailer hitches of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSAM SHABARA whose telephone number is (571)272-5495. The examiner can normally be reached M-F 8 am-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOSAM SHABARA/Examiner, Art Unit 3618
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