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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the damping element of the locking device in claims 21 and 22 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 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) 14-16 and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walsh (US 197,532).
With regards to claim 14, Walsh discloses a trailer towing device comprising: a spring device (E); and a locking device (b and the pin placed in to b), wherein the locking device is configured to move between a locking state in which the spring device is blocked and a release state (As multiple holes b are provided, if a user was to place pins in two or more of the holes it would block the spring device from functioning).
With regards to claim 15, Walsh discloses the towing device of claim 14, wherein the towing device comprises a first rod element (c) and a second rod element (A), wherein the first rod element is mounted on the second rod element, wherein the first rod element is configured to translate along a longitudinal axis (the interpretation is being applied that this is the longitudinal axis of the first rod element and that axis extends through the second rod element as they intersect one another) extending through the second rod element, and wherein the spring device (E) is configured to resist translation of the first rod element.
With regards to claim 16, Walsh discloses the towing device of claim 15, wherein the locking device is configured to secure the first rod element to the second rod element in the locking state (the pins placed in holes b secure A from moving which has the effect of securing c from moving).
With regards to claim 19, Walsh discloses the towing device of claim 15, wherein the locking device comprises a retaining element (b) configured to secure the locking element to the second rod element in an axially fixed position (the second rod element would not be able to move if 2 or more pins are placed in 2 or more of holes b).
With regards to claim 20, Walsh discloses the towing device of claim 16, wherein the locking device is configured to secure the locking element in a first latched position in the locking position (when two or more) of holes b have a pin placed in them), or configured to secure the locking element in a second latched position in the release
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.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Walsh (US 197,532) in view of Silliman (US 7,422,223).
With regards to claim 32, Walsh discloses a trailer pulling system, comprising: a towing device (Figures 1-4) comprising a spring device (E) and a locking device (b and pin), wherein the locking device is configured to move between a locking state and a release state (As multiple holes b are provided, if a user was to place pins in two or more of the holes it would block the spring device from functioning), however, Walsh does not disclose not explicitly disclose the trailer system configured be pulled by a cross-country skier, however, it would have been obvious in the art of trailer connections, to make use of the spring device and locking device of the trailer device of Walsh in the invention of Love in order to minimize torque variations when pulling the trailer system. Examiner note: this claim is incredibly broad and as currently worded does not necessitate a teaching reference, as the harness for the horse could be pulled on by a cross-country skier, but in order to advance prosecution a teaching is being provided to help illustrate the state of the art.
Allowable Subject Matter
Claims 17-18 and 21-31 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the Supervisory Patent Examiner should be directed to JOHN R. OLSZEWSKI whose telephone number is (571)272-2706. The Supervisory Patent Examiner can normally be reached Monday to Thursday 5:30am - 4:00pm.
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 Supervisory Patent Examiner by telephone are unsuccessful, the Supervisory Patent Examiner’s supervisor, TC Director Joseph Thomas can be reached at 571-272-8004. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
JOHN R. OLSZEWSKI
Supervisory Patent Examiner
Art Unit 3617
/JOHN OLSZEWSKI/Supervisory Patent Examiner, Art Unit 3617
Prosecution Insights