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 .
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 6-12 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 pre-AIA the applicant regards as the invention.
With respect to claims 6 and 12, the recitation that the locking element is movable by a guide apparatus renders the claim indefinite because as best understood, the guide apparatus (7) merely guides the cover element while the drive motor (9) moves it. The locking element is moved by a control apparatus as disclosed in [0027] of the Specification. If the embodiment in Figures 11-18 is being relied upon, a forced guide moves the locking device as disclosed in [0033] of the Specification; however, the dependent claims recite a control apparatus, which Figures 11-18 do not disclose.
With respect to claims 6 and 12, the recitation that the locking element moves between a securing position blocking the carrier section in the receptable and an open position that exposes the receptacle renders the claim indefinite because the open position does not “expose” the receptacle. The “open” position merely unlocks the carrier from the receptable so the carrier can be removed.
With respect to claims 7 and 12, the recitation that the control apparatus shifts the locking element between end positions “by the guide apparatus” renders the claim indefinite because the guide element guides the cover (2) during shifting, not the locking element. It appears that the locking element and cover element mechanisms are being combined in claims 6-11.
With respect to claim 9, the limitation "the drive apparatus" in line 3 has insufficient antecedent basis for this limitation in the claim.
With respect to claim 9, the limitation "the cover element" in line 4 has insufficient antecedent basis for this limitation in the claim.
With respect to claims 9-11, the recitation of a drive apparatus that shifts the cover element and is also coupled to the control apparatus for shifting of the locking element renders the claim indefinite because it appears the drive apparatus only shifts the cover element, and that a linear drive separate from the drive apparatus is coupled to the control apparatus as disclose in [0029-0030] of the Specification.
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) 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abels et al. (EP2130700A1).
With respect to claim 6, Abels et al. disclose a motor vehicle comprising a trailer hitch device, the trailer hitch device comprising a rear receptable (12a, 14) fixed to the vehicle (18) and a carrier section (11a) for a hitch ball (16) of a trailer coupling, the carrier section for being detachably fastened to the receptable (Figs 1-6), and comprising a locking element (24a) for securing the carrier section to the receptacle (Figs 6c-6d; [0129] of attached translation), wherein the locking element is mounted so as to be movable by a control apparatus between a securing position (Fig 6d) blocking the carrier section in the receptacle and an open position (Fig 6a) that exposes the receptacle.
With respect to claim 7, the trailer hitch device comprising a control apparatus assigned to the locking element to shift the locking element between end positions ([0128-0129] of attached translation).
With respect to claim 8, further comprising a sensor arrangement configured to detect the carrier section being mounted on or dismounted from the receptable, the sensor arrangement being assigned to the receptable, the sensor arrangement being assigned to the receptacle fixed to the vehicle, and the control apparatus moves the locking element into the securing position or the open position depending on detection signals from the sensor arrangement ([0189] of attached translation).
Allowable Subject Matter
Claims 1-5 are allowed.
Claims 9-11 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.
Claim 12 would be allowable if rewritten or amended 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.
The following is a statement of reasons for the indication of allowable subject matter: Abels et al. or any of the cited prior art teach a cover apparatus provided to covering or exposing the receptacle depending on a fastening of the carrier section. None of the cited art also teaches the combination of a locking element for locking the carrier element within the receptacle with a corresponding cover apparatus.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW J BROWN whose telephone number is (571)272-1362. The examiner can normally be reached Monday-Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at 571-272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DREW BROWN
Primary Examiner
Art Unit 3616
/DREW J BROWN/Primary Examiner, Art Unit 3617
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