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 16-20 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 16 recites the limitation “the second adapter” in lines 10-11. There is insufficient antecedent basis for this limitation in the claim. Claim 16 earlier recites “a second interface” and “a first adapter”. In is not clear if applicant intended to claim a second adapter in line 5 of the claim.
Claims 17-20 are rejected due to dependency on rejected claim 16.
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.
Claim 1-5, 8, 10, 13-14, 16 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Braun (US 5544708 A).
Regarding claim 1, Braun teaches (reproduced and annotated Figs. below) an adapter assembly for lifting a vehicle (this is intended use of the hitch adapter; cross member 86, 88 of hitch adapter of Braun is capable of being engaged by a lifting device to lift the vehicle/tractor 10), the adapter assembly comprising: an adapter including: a first plate (left side chassis arm 22 in Fig. 1) defining a first aperture (col. 4, lines 27-36: pivot connection to the chassis (not shown)); and a second aperture (aperture for passage of 70; see col. 5, lines 23-36) and a second plate (right side chassis arm 22 in Fig. 1) defining a third aperture (col. 4, lines 27-36: pivot connection to the chassis (not shown)) and a fourth aperture (aperture for passage of 70; see col. 5, lines 23-36), the second plate spaced from the first plate such that a recess is positioned therebetween, the recess configured to receive a portion of a frame of the vehicle such that the first aperture and the third aperture align with a frame aperture defined by the portion of the frame; a fastener (col. 4, lines 27-36: pivot connection) selectively insertable through the first aperture of the first plate, the second aperture of the second plate, and the frame aperture to couple the adapter to the portion of the frame; and a cross member (70) selectively insertable through the second aperture of the first plate and the fourth aperture of the second plate, wherein the cross member is configured to engage with a lift device (this is intended use of the adapter assembly and cross member 70 of Braun can be used to get engaged by a lifting device to lift the vehicle/tractor 10).
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Regarding claim 2, Braun teaches (reproduced and annotated Figs. above) the cross member is rotatable relative to the adapter (70 is rotatable relative to the adapter) .
Regarding claim 3, Braun teaches (reproduced and annotated Figs. above) the fastener is a first fastener, wherein the cross member defines a cross member aperture (col. 5, lines 38-50: aperture in ends of 70 from which the pins 82 pass through), further comprising a second fastener (82) configured to extend through the cross member aperture and engage with a portion of lift device to rotationally fix the cross member to the lift device (col. 5, lines 23-50).
Regarding claim 4, Braun teaches (reproduced and annotated Figs. above) the cross member and the adapter are configured to transfer a lifting force from the lift device to the frame to lift the vehicle (as stated above, this is intended use of the adapter assembly and cross member of Braun can be used to get engaged by a lifting device to lift the vehicle/tractor 10).
Regarding claim 5, Braun teaches (reproduced and annotated Figs. above) a tubular member (88, 86) extending (a) between the first plate and the second plate and (b) at least partially through the second aperture and the fourth aperture, wherein the cross member (70) is selectively insertable through the tubular member (88, 86).
Regarding claim 8, Braun teaches (reproduced and annotated Figs. above) the cross member has a circular cross-section.
Regarding claim 10, Braun teaches (reproduced and annotated Figs. above) an adapter assembly for lifting a vehicle (this is intended use of the hitch adapter; cross member 86, 88 of hitch adapter of Braun is capable of being engaged by a lifting device to lift the vehicle/tractor 10), the adapter assembly comprising: a first plate (left side chassis arm 22 in Fig. 1) defining a first aperture (col. 4, lines 27-36: pivot connection to the chassis (not shown)) and a second aperture (aperture for passage of 70); a second plate (right side chassis arm 22 in Fig. 1) defining a third aperture (col. 4, lines 27-36: pivot connection to the chassis (not shown)) and a fourth aperture (aperture for passage of 70), the second plate spaced from the first plate such that a recess is positioned therebetween, the recess configured to receive a portion of a frame of the vehicle such that the first aperture and the third aperture align with a frame aperture defined by the portion of the frame to receive a fastener (col. 4, lines 27-36: pivot connection) to couple the first plate and the second plate to the portion of the frame; and a tubular member (88, 86) extending (a) between the first plate and the second plate and (b) through the second aperture and the fourth aperture (by 70), wherein the tubular member is configured to selectively receive a cross member (70) inserted therethrough, and wherein the cross member is configured to engage with a lift device (this is intended use of the adapter assembly and cross member 70 of Braun can be used to get engaged by a lifting device to lift the vehicle/tractor 10).
Regarding claim 13, Braun teaches (reproduced and annotated Figs. above) the cross member is rotatable relative to the tubular member (70 is rotatable relative to 86 and 88) .
Regarding claim 14, Braun teaches (reproduced and annotated Figs. above) the fastener is a first fastener, and wherein the cross member defines a cross member aperture (col. 5, lines 38-50: aperture in ends of 70 from which the pins 82 pass through) configured to receive a second fastener (82) to rotationally fix the cross member to the lift device (col. 5, lines 23-50).
Regarding claim 16, Braun teaches (reproduced and annotated Figs. above) an adapter assembly for lifting a vehicle (this is intended use of the hitch adapter; cross member 86, 88 of hitch adapter of Braun is capable of being engaged by a lifting device to lift the vehicle/tractor 10), the adapter assembly comprising: a first adapter (left side chassis arm 22 in Fig. 1) defining a first aperture (col. 4, lines 27-36: pivot connection to the chassis (not shown)) and a second aperture (aperture for passage of 70; see col. 5, lines 23-36), the first adapter configured to engage with a frame of the vehicle such that the first aperture aligns with a first frame aperture of the frame (see col. 4, lines 27-36); a second interface (right side chassis arm 22 in Fig. 1) defining a third aperture (col. 4, lines 27-36: pivot connection to the chassis (not shown)) and a fourth aperture (aperture for passage of 70; see col. 5, lines 23-36), the second interface configured to engage with the frame such that the third aperture aligns with a second frame aperture of the frame (see col. 4, lines 27-36); a first fastener (col. 4, lines 27-36: pivot connection) selectively insertable through the first aperture of the first adapter and the first frame aperture to couple the first adapter to the frame; a second fastener (col. 4, lines 27-36: pivot connection) selectively insertable through the third aperture of the second adapter and the second frame aperture to couple the second adapter to the frame; a cross member (70) selectively insertable through the second aperture of the first adapter and the fourth aperture of the second adapter, wherein the cross member is configured to engage with a lift device (this is intended use of the adapter assembly and cross member 70 of Braun can be used to get engaged by a lifting device to lift the vehicle/tractor 10); and a third fastener (82) configured to couple the cross member to the lift device.
Regarding claim 19, Braun teaches (reproduced and annotated Figs. above) the cross member has a circular cross-section and is rotatable relative to the first adapter and the second adapter.
Claim Rejections - 35 USC § 103
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 9 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Braun in view of Scruggs (US 20060186637 A1).
Regarding claims 9 and 20, in device of Braun the cross member has a
Scruggs shows both circular (Figs. 1-6) and non-circular (Figs. 7-11) cross section cross members.
It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to change the cross member profile depending on load applications.
Claim 15 are rejected under 35 U.S.C. 103 as being unpatentable over Braun in view of Curtis (US 3915320 A).
Regarding claim 15, device of Braun does not have a connecting plate.
Device of Curtis has cross member 102 and connecting member (see annotated Fig. 5 below).
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It would have been obvious to one having ordinary skill in the art before effective filing date of the claimed invention to add a connecting member to strengthen device of Braun.
Allowable Subject Matter
Claims 6, 7 and 11-12 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.
Claims 17-19 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHDI H NEJAD whose telephone number is (571)270-0464. The examiner can normally be reached Monday-Friday 7:30am-4pm EST.
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MAHDI H. NEJAD
Examiner
Art Unit 3723
/MAHDI H NEJAD/Primary Examiner, Art Unit 3723
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