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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 2-4, 8-9, 11-14, and 20-21 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Assaf (US 2010/0244405 A1).
Regarding claim 2, Assaf teaches a trailer hitch (190+210+230+250) for releasably coupling a trailer to a bicycle (Fig 15), comprising:
a body (210) coupled to the bicycle and configured to receive a portion of a drawbar (232); and
a safety device (250) configured to provide a redundant connection of the trailer to the bicycle (Fig 15-17),
wherein the safety device comprises a securing element (254) configured to removably couple the drawbar to the body of the trailer hitch (Fig 15).
Regarding claim 3, Assaf teaches that the body of the trailer hitch is permanently attached to the bicycle (through pin 264, Para [0100] and Fig 15-17).
Regarding claim 4, Assaf teaches a blocking element (224) at least partially disposed in the body of the trailer hitch and configured to prevent decoupling of the trailer and the bicycle (Para [0099] and Fig 15-17).
Regarding claim 8, Assaf teaches that the securing element is a strap (261, Para [0103] and Fig 15) or a cable.
Regarding claim 9, Assaf teaches a fastener (254) configured to secure a first end of the securing element to the drawbar (Fig 15).
Regarding claim 11, Assaf teaches a trailer hitch (190+210+230+250) for releasably coupling a trailer to a bicycle, comprising:
a body (210) comprising a receiving space configured to receive a portion of a drawbar through an aperture (222); and
a safety device (250) configured to provide a redundant connection of the trailer to the bicycle (Fig 15),
wherein the aperture is configured to receive the portion of the drawbar in a direction transverse to a longitudinal direction of the bicycle (Fig 15).
Regarding claim 12, Assaf teaches that the trailer hitch is configured to attach to a rear portion of the bicycle (Fig 15).
Regarding claim 13, Assaf teaches that the trailer hitch is integral with a portion of the bicycle (Fig 15).
Regarding claim 14, Assaf teaches that the body of the trailer hitch limits movement of the drawbar in a direction parallel to the longitudinal direction of the bicycle (Para [0099] and Fig 15-16a).
Regarding claim 20, Assaf teaches that the safety device comprises a securing element (261+263) configured to couple the body of the trailer hitch to a frame of the bicycle (Fig 15-16a).
Regarding claim 21, Assaf teaches that the safety device comprises a securing element (263) configured to removably couple the trailer to the body of the trailer hitch (Fig 15-16a).
Claim(s) 2-6 and 8-10 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Britton et al. (US 2004/0173988 A1) hereinafter, Britton.
Regarding claim 2, Britton teaches a trailer hitch (10) for releasably coupling a trailer to a bicycle (Fig 1-4), comprising:
a body (36) coupled to the bicycle and configured to receive a portion of a drawbar (38); and
a safety device (76) configured to provide a redundant connection of the trailer to the bicycle,
wherein the safety device comprises a securing element (50) configured to removably couple the drawbar to the body of the trailer hitch (Fig 3-4).
Regarding claim 3, Britton teaches that the body of the trailer hitch is permanently attached to the bicycle (Fig 2-4).
Regarding claim 4, Britton teaches a blocking element (72) at least partially disposed in the body of the trailer hitch and configured to prevent decoupling of the trailer and the bicycle (Fig 1-4).
Regarding claim 5, Britton teaches that the blocking element is a pin (Fig 1).
Regarding claim 6, Britton teaches that the blocking element is moveable between a blocking position (when the pin is inserted) and a release position (when the pin is removed, Para [0031] and Fig 1).
Regarding claim 8, Britton teaches that the securing element is a strap (Para [0031]) or a cable (Para [0031]).
Regarding claim 9, Britton teaches a fastener (50) configured to secure a first end of the securing element to the drawbar (Fig 3-4).
Regarding claim 10, Britton teaches that a second end of the securing element comprises a hook (75) configured to attach to the body of the trailer hitch (Fig 3-4).
Allowable Subject Matter
Claims 7 and 15-19 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: Claim 7 recites a biasing element configured to bias the blocking element toward the blocking position.
Claim 15 recites a moveable blocking element at least partially disposed in the body of the trailer hitch and configured to prevent decoupling of the trailer and the bicycle.
Since the prior art (Assaf and Britton) teaches bicycle trailer hitch that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 9-10 of the examined disclosure shows the blocking element, which is different than the blocking element taught by the prior art of record (Fig. 15 of Assaf and Fig. 1 of Britton, etc.)
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references noted on the attached PTO-892 form teach bicycle trailer hitches of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSAM SHABARA whose telephone number is (571)272-5495. The examiner can normally be reached M-F 8 am-5 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOSAM SHABARA/Examiner, Art Unit 3618
/MINNAH L SEOH/Supervisory Patent Examiner, Art Unit 3618
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