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 .
DETAILED ACTION
Claims 35 – 54 have been examined. Claims 1 – 34 have been canceled by Applicant.
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 36 – 52 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 36 – 37, 40, and 43 – 50 depend from canceled claim 1. This renders the claims indefinite as it is impossible to ascertain if claim limitations have proper antecedent basis. 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.
Claims 35 – 36 and 49 – 52 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Di Biase (2020/0398910), cited by Applicant. In regard to claim 35, Di Biase discloses a portable trailer support comprising a support surface engagement element configured to selectively engage a support surface (Fig. 22, item 244), a trailer engagement element comprising a stepped assembly comprising a plurality of vertically-oriented steps, each step configured to selectively and independently engage a forward end portion of a trailer (Fig. 22, item 268), a positioning element engagement element configured to selectively and releasably couple with a trailer support positioning element of a vehicle (Fig. 22, items 212 and 152), and a frame carrying the support surface engagement element, the trailer engagement element, and the positioning element engagement element (Fig. 22, items 240 and 242).
In regard to claim 36, Di Biase discloses wherein the positioning element engagement element comprises at least one receiving element and the trailer support positioning element comprises at least one contact member, wherein the at least one receiving element is configured to selectively and releasably couple with the at least one contact member (Fig. 23, items 212 and 152).
In regard to claim 49, Di Biase discloses wherein the support surface engagement element comprises a ground pad (Fig. 22).
In regard to claim 50, Di Biase discloses configured for positioning and repositioning relative to the trailer by the vehicle (paragraph 282).
In regard to claim 51, Di Biase discloses configured for positioning and repositioning relative to the trailer by pushing and/or pulling by the vehicle (paragraph 293).
Allowable Subject Matter
Claims 53 and 54 are allowed.
Claims 37 – 48 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.
The following is a statement of reasons for the indication of allowable subject matter: Di Biase (2020/0398910) discloses a portable trailer support similar to the instant invention; however Di Biase, either alone or in combination, neither discloses nor suggests a portable trailer support wherein (in regard to claim 37) the positioning element engagement element comprises a receiving channel configured to receive the trailer support positioning element, (in regard to claim 40) herein the trailer support positioning element comprises at least one substantially horizontal contact beam, (in regard to claim 43) wherein the positioning element engagement element comprises a downwardly facing channel configured to receive the trailer support positioning element, the trailer support positioning element comprising an upwardly facing contact member, (in regard to claim 44) wherein the positioning element engagement element comprises a beam configured to receive the trailer support positioning element, the trailer support positioning element comprising a hook-shaped member, (in regard to claims 45 – 48) wherein the trailer support positioning element is positioned at a forward end of the vehicle, (in regard to claim 53) an actuator connected to the apparatus frame and to the at least one first contact member for driving an actuation of the at least one first contact member from the first position to the second position for releasably coupling the portable trailer support to the apparatus frame for manipulating and/or maneuvering the portable trailer support, and (in regard to claim 54) a trailer support positioning element for being movably mounted on a vehicle for movement between at least a first position and a second position relative to the vehicle, the trailer support positioning element configured for being releasably received by a portable trailer support for releasably coupling the portable trailer support to the trailer support positioning element when the trailer support positioning element is moved from the first position to the second position. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Kimener et al. (10,829,321) disclose a trailer stabilizer;
Di Biase (11,535,315) discloses a shunt truck positioned trailer stand;
Di Biase et al. (12,037,062) disclose a trailer stand.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at 303.297.4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613
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