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 .
This communication is in response to application No. 18/972,806 Trailer Suspension Assembly and Method of Use; filed on 12/06/2024. Claims 1 - 20 are currently pending and have been examined.
Claim Objections
Claim 12 objected to because of the following informalities: Claim 12 should depend from claim 11. This appears to be a typo when the claim was pasted from the ear Appropriate correction is required.
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(s) 1-4, 9-12, and 17-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Oberlander (US 5,476,274 A).
Regarding claim 1, Oberlander discloses;
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A trailer suspension assembly for an associated trailer frame, the trailer suspension assembly comprising: (Oberlander describes a suspension system for a load carrying vehicle; col. 1, line 6)
a mounting bracket (support member B; figs. 6/7, col. 2, line 58);
a leg (power arm 24) connected to the mounting bracket; (power arm (24) is part of work arm (23) which is attached to the support member (B); figs. 6/7)
a locking system (latch means L; fig. 6) configured to be selectively locked or unlocked;
wherein, when locked, the locking system is configured to prevent rotation of the leg to prevent movement of the associated trailer frame. (the locking system prevents movement of the work arm (23) and the power arm (24).)
Regarding claim 2, Oberlander discloses;
a transfer shaft (fulcrum pin 21) connected to the mounting bracket and configured to be rotatably coupled to the associated trailer frame;
wherein, when locked, the locking system (latch means L) is configured to prevent rotation of the transfer shaft to prevent movement of the associated trailer frame.
Regarding claim 3, Oberlander discloses;
further comprising a suspension subassembly including:
the mounting bracket (support member B; figs. 6/7, col. 2, line 58); and
a pivot arm (work arm 23) rotatably connected to the mounting bracket;
wherein, when locked, the locking system (latch means L; fig. 6) is configured to prevent rotation of the mounting bracket to prevent movement of the associated trailer frame. (fig. 6 illustrates the pivot arm locked in the lowered position by the locking system.)
Regarding claim 4, Oberlander discloses;
wherein the suspension subassembly further includes:
a spindle (axle spindle 20) coupled to a portion of the pivot arm (work arm 23) and coupled to an associated wheel (wheel W) connected to the associated trailer frame.
Regarding claim 9, Oberlander discloses;
A trailer suspension assembly for an associated trailer frame, the trailer suspension assembly comprising: (Oberlander describes a suspension system for a load carrying vehicle; col. 1, line 6)
a mounting bracket (support member B; figs. 6/7, col. 2, line 58);
a transfer shaft (fulcrum pin 21) connected to the mounting bracket and configured to be rotatably coupled to the associated trailer frame;
a locking system (latch means L; fig. 6) configured to be selectively locked or unlocked;
wherein, when locked, the locking system is configured to prevent rotation of the transfer shaft (fulcrum pin 21) to prevent movement of the associated trailer frame. (the locking system prevents movement of the work arm (23) and the power arm (24).)
Regarding claim 10, Oberlander discloses;
a leg (power arm 24) connected to the mounting bracket; (power arm (24) is part of work arm (23) which is attached to the support member (B); figs. 6/7)
wherein, when locked, the locking system is configured to prevent rotation of the leg to prevent movement of the associated trailer frame. (the locking system prevents movement of the work arm (23) and the power arm (24).)
Regarding claim 11, Oberlander discloses;
the mounting bracket (support member (B); figs. 6/7, col. 2, line 58); and
a pivot arm (work arm 23) rotatably connected to the mounting bracket;
wherein, when locked, the locking system (latch means L; fig. 6) is configured to prevent rotation of the mounting bracket to prevent movement of the associated trailer frame. (fig. 6 illustrates the pivot arm locked in the lowered position by the locking system.)
Regarding claim 12, Oberlander discloses;
wherein the suspension subassembly further includes:
a spindle (axle spindle 20) coupled to a portion of the pivot arm (work arm 23) and coupled to an associated wheel (wheel W) connected to the associated trailer frame.
Regarding claim 17, Oberlander discloses;
A trailer suspension assembly for an associated trailer frame, the trailer suspension assembly comprising: (Oberlander describes a suspension system for a load carrying vehicle; col. 1, line 6)
a mounting bracket (support member B; figs. 6/7, col. 2, line 58);
a pivot arm (work arm 23) rotatably connected to the mounting bracket;
a locking system (latch means L; fig. 6) configured to be selectively locked or unlocked;
wherein, when locked, the locking system (latch means L; fig. 6) is configured to prevent rotation of the mounting bracket to prevent movement of the associated trailer frame. (fig. 6 illustrates the pivot arm locked in the lowered position by the locking system.)
Regarding claim 18, Oberlander discloses;
a transfer shaft (fulcrum pin 21) connected to the mounting bracket and configured to be rotatably coupled to the associated trailer frame;
wherein, when locked, the locking system is configured to prevent rotation of the transfer shaft (fulcrum pin 21) to prevent movement of the associated trailer frame. (the locking system prevents movement of the work arm (23) and the power arm (24).)
Regarding claim 19, Oberlander discloses;
further comprising a suspension subassembly including:
a mounting bracket (support member (B); figs. 6/7, col. 2, line 58);
a leg (power arm 24) connected to the mounting bracket; (power arm (24) is part of work arm (23) which is attached to the suspension unit (S); figs. 6/7)
wherein, when locked, the locking system is configured to prevent rotation of the leg to prevent movement of the associated trailer frame. (the locking system prevents movement of the work arm (23) and the power arm (24).)
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.
Claim(s) 5-6, 13-14, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Oberlander (US 5,476,274) in view of Walker (US 5,137,297).
Regarding claim 5, Oberlander discloses;
the locking system further includes:
a securing assembly; (Oberlander discloses a securing assembly consisting of a leaf spring (29) which engages with notch (32) formed by the junction of shoulder (36) and shoulder (33) as illustrated in figs 6/7.)
a tab (notch 36) connected to a portion of the securing assembly;
a latch support assembly (raised block 30);
a latch (leaf spring 29) pivotably attached to a portion of the latch support assembly and aligned adjacent with the tab; (Oberlander discloses a latch which bends, rather than pivots, from the latch support assembly in order to lock the system. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to utilize a pivoting latch in place of a bending-beam latch. Further, the a pivoting latch would still function to lock the system against rotation, allowing the suspension system to continue to function as intended.)
Oberlander does not disclose a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch. However, Walker teaches;
a locking pin (locking pin 89; fig. 11, col. 11, line 5) attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch. (Walker, col. 11, lines 4-23, describes a locking pin which fits within a hole (88) in a support plate such that the pivoting wheel assembly is locked in the lowered position to allow for trailering.)
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A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Oberlander to include a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch, as taught by Walker, as the references and the claimed invention are directed to retractable trailer wheel assemblies. As disclosed by Walker, it is well known for retractable trailer wheel assemblies to include a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oberlander to include a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch, as taught by Walker, as such a modification would provide the ability to positively lock the retractable wheel assemblies against unintended retraction during trailering.
Regarding claim 6, Oberlander discloses;
the securing assembly includes:
a vertical interior support member (interior wall of support member B; fig. 8) attached to a portion of the associated trailer frame;
a vertical exterior support member (exterior wall of support member B; fig. 8) attached to a portion of the associated trailer frame and spaced from the vertical interior support member;
a pivot shaft (fulcrum pin 21; fig. 8) connected to, and extending between, the vertical exterior support member and the vertical interior support member; (Oberlander, fig. 8, illustrates a vertical support having two sides which support a pivot shaft. These two sides are arranged such that an interior one is located towards the longitudinal centerline of the trailer away from the exterior side.
Oberlander does not disclose the tab as attached to an end of the pivot shaft. Instead, Oberlander places the tab, which aligns with the latch, on the pivoting arm a distance away from the pivot shaft. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to relocate the tab to the pivot shaft along with a corresponding relocation of the latch, since it has been held that, absent any showing of unexpected results, rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, with the relocation of the tab and latch, the locking system would continue to function as intended and lock the retractable trailer wheel assembly against unintended retraction during trailering.
Regarding claim 13, Oberlander discloses;
the locking system further includes:
a securing assembly; (Oberlander discloses a securing assembly consisting of a leaf spring (29) which engages with notch (32) formed by the junction of shoulder (36) and shoulder (33) as illustrated in figs 6/7.)
a tab (notch 36) connected to a portion of the securing assembly;
a latch support assembly (raised block 30);
a latch (leaf spring 29) pivotably attached to a portion of the latch support assembly and aligned adjacent with the tab; (Oberlander discloses a latch which bends, rather than pivots, from the latch support assembly in order to lock the system. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to utilize a pivoting latch in place of a bending-beam latch. Further, the a pivoting latch would still function to lock the system against rotation, allowing the suspension system to continue to function as intended.)
Oberlander does not disclose a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch. However, Walker teaches;
a locking pin (locking pin 89; fig. 11, col. 11, line 5) attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch. (Walker, col. 11, lines 4-23, describes a locking pin which fits within a hole (88) in a support plate such that the pivoting wheel assembly is locked in the lowered position to allow for trailering.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Oberlander to include a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch, as taught by Walker, as the references and the claimed invention are directed to retractable trailer wheel assemblies. As disclosed by Walker, it is well known for retractable trailer wheel assemblies to include a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oberlander to include a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch, as taught by Walker, as such a modification would provide the ability to positively lock the retractable wheel assemblies against unintended retraction during trailering.
Regarding claim 14, Oberlander discloses;
the securing assembly includes:
a vertical interior support member (interior wall of support member B; fig. 8) attached to a portion of the associated trailer frame;
a vertical exterior support member (exterior wall of support member B; fig. 8) attached to a portion of the associated trailer frame and spaced from the vertical interior support member;
a pivot shaft (fulcrum pin 21; fig. 8) connected to, and extending between, the vertical exterior support member and the vertical interior support member; (Oberlander, fig. 8, illustrates a vertical support having two sides which support a pivot shaft. These two sides are arranged such that an interior one is located towards the longitudinal centerline of the trailer away from the exterior side.
Oberlander does not disclose the tab as attached to an end of the pivot shaft. Instead, Oberlander places the tab, which aligns with the latch, on the pivoting arm a distance away from the pivot shaft. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to relocate the tab to the pivot shaft along with a corresponding relocation of the latch, since it has been held that, absent any showing of unexpected results, rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. Further, with the relocation of the tab and latch, the locking system would continue to function as intended and lock the retractable trailer wheel assembly against unintended retraction during trailering.
Regarding claim 20, Oberlander discloses;
the locking system further includes:
a securing assembly; (Oberlander discloses a securing assembly consisting of a leaf spring (29) which engages with notch (32) formed by the junction of shoulder (36) and shoulder (33) as illustrated in figs 6/7.)
a tab (notch 36) connected to a portion of the securing assembly;
a latch support assembly (raised block 30);
a latch (leaf spring 29) pivotably attached to a portion of the latch support assembly and aligned adjacent with the tab; (Oberlander discloses a latch which bends, rather than pivots, from the latch support assembly in order to lock the system. However, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, to utilize a pivoting latch in place of a bending-beam latch. Further, the a pivoting latch would still function to lock the system against rotation, allowing the suspension system to continue to function as intended.)
Oberlander does not disclose a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch. However, Walker teaches;
a locking pin (locking pin 89; fig. 11, col. 11, line 5) attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch. (Walker, col. 11, lines 4-23, describes a locking pin which fits within a hole (88) in a support plate such that the pivoting wheel assembly is locked in the lowered position to allow for trailering.)
A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to modify Oberlander to include a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch, as taught by Walker, as the references and the claimed invention are directed to retractable trailer wheel assemblies. As disclosed by Walker, it is well known for retractable trailer wheel assemblies to include a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Oberlander to include a locking pin attached to a portion of the latch support assembly and configured to secure the latch to prevent movement of the latch, as taught by Walker, as such a modification would provide the ability to positively lock the retractable wheel assemblies against unintended retraction during trailering.
Allowable Subject Matter
Claims 7, 8, 15, and 16 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:
None of the cited references either alone or in combination disclose the combination of limitations as claimed. Specifically, the references fail to disclose;
Regarding claims 7 and 15
the securing assembly further includes:
a guide arm coupled to the pivot shaft; and
a counterweight configured to bias the guide arm relative to the associated trailer frame.
Regarding claims 8 and 16
the latch support assembly includes:
a stub column disposed adjacent to the vertical exterior support member and coupled to a portion of the associated trailer frame; and
a latch bracket attached to a portion of the stub column; wherein the latch is configured for removable securement with the tab to prevent rotation of the pivot shaft within the vertical exterior support member.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT LAWRENCE STRICKLER whose telephone number is (703)756-1961. The examiner can normally be reached Mon. - Fri. 9:30am to 5:30pm.
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/SCOTT LAWRENCE STRICKLER/Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
March 6, 2026