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 2 and 7 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.
It is vague and unknown what the force in the “factory specification” described.
Claim Rejections - 35 USC § 103
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 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 1-16 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3 064 397 in view of DE 10 2022 001493.
Regarding claims 1, 6, 11 and 15, EP ‘397 discloses a system for preventing tipping over of a vehicle combination comprising a tractor and a tipping trailer with a means for safety stopping the ongoing tipping operation if a difference between a nominal tractor lateral force distribution and the current tractor lateral force distribution increases towards a tractor tipping roll-over threshold value or preventing initiation of a tipping operation if the difference between the nominal tractor lateral force distribution and the current tractor lateral force distribution exceeds the tractor tipping roll-over threshold value (See [0037]). However, EP ‘397 does not teach the use of the fifth wheel sensors to detect the current tractor lateral force distribution indicating a lateral distribution of the force exerted on the tractor's fifth wheel by the tipping trailer. DE ‘493 teaches the use of a fifth sensor to detect the tipping over conditions (see Fig. 1-3). Since the prior are references are from the field of endeavor, the purpose disclosed by DE ‘493 would have been recognized in the pertinent art of EP ‘397. Therefore, it would have been obvious at the time the invention was made to a person having ordinary skill in the art to provide the device of EP ‘397 as taught by DE ‘493 for improving tipping over of the vehicle.
Regarding claims 2, 3, 7 and 8, determining the nominal tractor lateral force distribution from the tractor's factory specifications and measuring the positioning condition are considered as a standard practice.
Claims 4, 5, 9-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over EP 3 064 397 in view of DE 10 2022 001493 as applied to claim 1above, and further in view of Mercier (US 2009/0152940).
EP ‘397 as modified shows the system for preventing tipping over of a vehicle combination comprising a tractor and a tipping trailer with a means for safety stopping the ongoing tipping operation as explained supra. However, EP ‘397 as modified does not teach the use of the sensors.
Regarding claims 4, 9, and 16, Mercier discloses the obtaining of the current tractor lateral force distribution from the fifth wheel sensors and from the tractor's tire pressure sensors and/or air suspension pressure sensors. Since the prior are references are from the field of endeavor, the purpose disclosed by Mercier would have been recognized in the pertinent art of EP ‘397. Therefore, it would have been obvious at the time the invention was made to a person who has ordinary skill in the art to provide the device of sensors as taught by Mercier
Regarding claims 12-14, Mercier teaches the use of strain gauges, accelerometers and yaw rate sensors that are old and well known in the art (See [0030]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN KWON whose telephone number is (571)272-4846. The examiner can normally be reached M-F; 9A-5P. EST.
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/JOHN KWON/ Primary Examiner, Art Unit 3747 September 28, 2026
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