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 § 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 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Miles (US 7,451,996) in view of Jacobs (US 10,857,846).
In re claims 1-3, Miles discloses an adjustable hitch assembly, comprising: a drawbar (102); a vertically-adjustable hitch-ball mounting block (108); a variable elevation spacing column (104); a hitch ball (mounted in hitch ball hole 110) comprising a ball head and a shank base connected by a neck; and a pin (128); wherein the drawbar comprises a generally horizontal drawbar portion having a rectilinear cross-section terminating in an eye-loop portion (106) defining a column-receiving socket for the column to insert therein (as shown in Figure 1); wherein the vertically-adjustable hitch-ball mounting block comprises an eyebar (110) comprising a central bar portion extending between a hitch-ball shank-receiving socket for a hitch-ball shank to insert therein.
MIles does not disclose wherein the vertically-adjustable hitch-ball mounting block comprises a column-receiving eye-loop end defining a column-receiving aperture for the column to slide therein; wherein the vertically-adjustable hitch-ball mounting block is vertically adjustable on the variable elevation spacing column; and one of the bar portion or the column-receiving eye-loop end of the vertically-adjustable hitch-ball mounting block is formed with a pin-receiving hole into the column-receiving aperture and adapted for the pin to secure the hitch ball.
Jacobs, however, does disclose wherein a vertically-adjustable hitch-ball mounting block (76) comprises a column-receiving eye-loop end (82) defining a column-receiving aperture for the column (64) to slide therein; wherein the vertically-adjustable hitch-ball mounting block is vertically adjustable on the variable elevation spacing column (64); and one of the bar portion or the column-receiving eye-loop end of the vertically-adjustable hitch-ball mounting block is formed with a pin-receiving hole (95) into the column-receiving aperture and adapted for the pin (96) to secure the hitch ball; and regarding claim 2, further discloses wherein both the bar portion and the column-receiving eye-loop end of the vertically-adjustable hitch-ball mounting block are formed with the pin-receiving hole (95) into the column-receiving aperture that is adapted for a pin to secure a hitch ball; and the column-receiving eye-loop end of the vertically-adjustable hitch-ball mounting block is formed with an access opening for the flight path of the pin into the pin-receiving hole (as shown in Figure 3); further regarding claim 3, discloses wherein: the pin comprises a shank (93) extending between a tip end and an enlarged head (96); and the hole through the bar portion of the vertically-adjustable hitch-ball mounting block for the pin defines an entrance in the bar portion, which bar portion is formed so that the entrance of the hole is a shallow enlargement for the enlarged head of the pin to nest therein; whereby when the column occupies the column-receiving aperture in the vertically-adjustable hitch-ball mounting block, the column impedes removal of the pin, and, the enlarged head of the pin will not impede the vertical adjustability of the vertically-adjustable hitch-ball mounting block on the column (as shown in Figures 3-5)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the column and mounting block of Miles such that it comprised the mounting block of Jacobs to advantageously provide further vertical adjustability and control of the hitch.
Claims 10-15 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Miles and Jacobs in view of Cearns (US 7,559,570).
In re claim 11, Miles discloses an adjustable hitch assembly, comprising: a drawbar (102); a vertically-adjustable hitch-ball mounting block (108); a spacing column (104); at least one hitch ball (mounted in hitch ball hole 110) comprising a ball head and a shank base connected by a neck; wherein the drawbar comprises a generally horizontal drawbar portion having a rectilinear cross-section terminating in an eye-loop portion (106) defining a column-receiving socket for the spacing column to insert therein (as shown in Figure 1); wherein the vertically-adjustable hitch-ball mounting block comprises a central bar portion extending between a hitch-ball shank-receiving socket (110) for a hitch-ball shank to insert therein (as shown in Figure 1).
Miles does not disclose a hitch ball pin or wherein the vertically-adjustable hitch-ball mounting block comprises a column-receiving eye-loop end defining a column-receiving aperture for the column to slide therein; wherein the vertically-adjustable hitch-ball mounting block is vertically adjustable on the spacing column; one of the bar portion or the column-receiving eye-loop end of the vertically-adjustable hitch-ball mounting block is formed with a hitch-ball pin-receiving hole into the column-receiving aperture and adapted for the hitch-ball pin to releasably connect the at least one hitch ball; and a plurality of clevis or hitch pins; wherein the drawbar, the hitch-ball mounting block and the column are formed with a multiplicity of generally horizontal clevis- or hitch-pin receiving holes for releasably connecting: the drawbar to the column, and the hitch-ball mounting block on the spacing column at variable elevational spacing relative the drawbar.
Jacobs, however, does disclose a hitch ball pin (96) and wherein the vertically-adjustable hitch-ball mounting block (76) comprises a column-receiving eye-loop end (82) defining a column-receiving aperture for the column (64) to slide therein; wherein the vertically-adjustable hitch-ball mounting block is vertically adjustable on the spacing column (64); one of the bar portion or the column-receiving eye-loop end of the vertically-adjustable hitch-ball mounting block is formed with a hitch-ball pin-receiving hole (95) into the column-receiving aperture and adapted for the hitch-ball pin to releasably connect the at least one hitch ball (as shown in Figure 3); and a plurality of clevis or hitch pins (97, 98); wherein the hitch-ball mounting block and the column are formed with a multiplicity of generally horizontal clevis- or hitch-pin receiving holes (72, 86) for releasably connecting the hitch-ball mounting block on the spacing column at variable elevational spacing relative the drawbar (as shown in Figure 3).
Cearns, however, does disclose wherein the drawbar is formed with a multiplicity of generally horizontal clevis- or hitch-pin receiving holes (20) for releasably connecting: the drawbar to the column (22) at variable elevational spacing relative the drawbar.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the drawbar, column, and mounting block of Miles such that it comprised the mounting block of Jacobs and drawbar mounting holes of Cearns to advantageously provide further vertical adjustability and control of the hitch.
In re claim 10, the combination of Miles, Jacobs, and Cearns, as discussed above, further discloses comprising: a plurality of clevis or hitch pins; wherein the drawbar, the hitch-ball mounting block and the column are formed with a multiplicity of generally horizontal clevis- or hitch-pin receiving holes for releasably connecting:- the drawbar to the column, and- the hitch-ball mounting block on the column at variable elevational spacing relative the drawbar.
In re claims 12-13, Miles further discloses wherein the hitch-ball shank-receiving socket is a through aperture and Jacobs further discloses wherein the drawbar/column is produced from slices of extruded aluminum stock (column 1, lines 64-67), but does not disclose the vertically-adjustable hitch-ball mounting block being produced from slices of extruded aluminum stock. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the components of Miles such that they comprised the sliced extruded aluminum stock of Jacobs to advantageously result in a lighter hitch device, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
In re claim 14, Jacobs further discloses comprising: another hitch ball (55) comprising a ball head and a shank base connected by a neck; and another hitch pin (bottom 96); wherein the shank bases of the one and another hitch balls are each formed with a hitch-ball pin-receiving socket (93); and one of the bar portion or the column-receiving eye-loop end of the vertically-adjustable hitch-ball mounting block is formed with another hitch-ball pin-receiving hole (bottom hole) into the column-receiving aperture and adapted for the hitch-ball pins (96) to releasably connect the one and another hitch balls relatively inverted relative to each other (as shown in Figures 3-4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Miles such that it comprised the dual hitch balls of Jacobs to advantageously provide additional versatility by being able to accommodate trailer tongues of various sizes.
In re claim 15, Miles further discloses wherein: the spacing column is formed with a series of generally-vertically spaced, generally horizontal clevis- or hitch-pin receiving holes (122) and the column-receiving eye-loop end of the vertically-adjustable hitch-ball mounting block is formed with at least one generally horizontal clevis- or hitch-pin receiving hole (for pin 128) into the column-receiving aperture (as shown in Figure 2).
In re claim 20, Miles further discloses wherein the hitch-ball shank-receiving socket is a through aperture and Jacobs further discloses wherein the drawbar/column is produced from slices of extruded aluminum stock (column 1, lines 64-67), but does not disclose the vertically-adjustable hitch-ball mounting block being produced from slices of extruded aluminum stock. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the components of Miles such that they comprised the sliced extruded aluminum stock of Jacobs to advantageously result in a lighter hitch device, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. Jacobs further discloses comprising: another hitch ball (55) comprising a ball head and a shank base connected by a neck; and another hitch pin (bottom 96); wherein the shank bases of the one and another hitch balls are each formed with a hitch-ball pin-receiving socket (93); and one of the bar portion or the column-receiving eye-loop end of the vertically-adjustable hitch-ball mounting block is formed with another hitch-ball pin-receiving hole (bottom hole) into the column-receiving aperture and adapted for the hitch-ball pins (96) to releasably connect the one and another hitch balls relatively inverted relative to each other (as shown in Figures 3-4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Miles such that it comprised the dual hitch balls of Jacobs to advantageously provide additional versatility by being able to accommodate trailer tongues of various sizes.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Miles and Jacobs in view of Cearns (US 7,559,570).
In re claim 6, Miles and Jacobs disclose the adjustable hitch assembly of claim 1, wherein: the column is square; the column-receiving aperture in the vertically-adjustable hitch-ball mounting block is square; and the column-receiving socket in the eye-loop portion of the drawbar is square, but do not disclose where the column, aperture, and socket are all cylindrical. Cearns, however, does disclose a cylindrical column (10) and a drawbar having a cylindrical socket (40) as part of an adjustable hitch to provide rapid adjustment for lining up a trailer (see title and abstract). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the square column of Miles and Jacobs such that it comprised the cylindrical shape of Cearns to advantageously provide further adjustment for lining up a trailer.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Miles and Jacobs in view of Weipert (US 2013/0020784).
In re claim 9, Miles further discloses wherein the column (104) is elongate between a base end and top end; but does not disclose wherein the column is formed with one or more axial groove recesses from base end to top end whereby reducing sliding friction between the column and the vertically-adjustable hitch-ball mounting block. Weipert, however, does disclose wherein the column (20) is formed with one or more axial groove recesses (as shown in Figure 13) from base end to top end whereby reducing sliding friction between the column and the vertically-adjustable hitch-ball mounting block (14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the square column of Miles and Jacobs such that it comprised the groove of Weipert to advantageously reduce sliding friction between the column and the vertically-adjustable hitch-ball mounting block.
Allowable Subject Matter
Claims 4-5 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: The specific limitations of “wherein: the shaft of the pin is smooth, whereby not threaded such that insertion and removal of the pin is by sliding not twisting” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art does not teach a smooth pin that is inserted by sliding and not twisting. The prior art functions by screwing/threadingly engaging the hitch ball.
Claims 16-19 are allowed and Claims 7-8 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: The specific limitations of “the column further comprises a slide-off prevention provision proximate the base end of the column that provides an enlargement or extension that prevents the vertically-adjustable hitch-ball mounting block from sliding off the base end of the column; whereby the vertically-adjustable hitch-ball mounting block has to be slid onto the column over the top end thereof at a time before the drawbar” is not anticipated or made obvious by the prior art of record in the examiner’s opinion. The Examiner notes that the prior art does not disclose an adjustable hitch column as claimed further comprising an enlargement/extension that prevents a vertically-adjustable hitch-ball mounting block from sliding off the base end of the column such that it has to be assembled from the top of the column before being attached to the drawbar.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references cited on the attached PTO-892 teach adjustable hitches of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Michael R Stabley whose telephone number is (571)270-3249. The examiner can normally be reached on M-F 9-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached on (571) 272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL R STABLEY/Examiner, Art Unit 3611
/KEVIN HURLEY/Primary Examiner, Art Unit 3611
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