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 .
The amendment filled 09/15/2025 has been entered. Claims 13, 19 and 25 have been cancelled. Claims 12, 14-16, 18, 20-24 and 28 have been amended. Claims 1-11 remain withdrawn, therefore, claims 12, 14-18, 20-24 and 26-28 remain pending in the application. Terminal disclosure filed 09/15/2025 is acknowledged.
Claim Objections
Claim 21 is objected to because of the following informalities:
Claim 21 line 2 recites “a fixed plate” this appears to be the same fixed plate established in line 5 of claim 18 from which claim 21 depends via claim 20.
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 12 and 14-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poulin, US (5323879).
In regards to claim 12 Poulin discloses:
A movable structure (cart C; fig. 1) comprising:
a base (10; fig. 2) having a fixed member (10);
a movable brake/ballast plate (44; fig. 2) movable between a movable brake/ballast plate first position (position in fig. 2) in which the movable brake/ballast plate is positioned proximate the fixed member (44 closer to 10 as shown in fig. 2 in comparison to configuration of fig. 3) and a movable brake/ballast plate second position (position in fig. 3) in which the movable brake/ballast plate is spaced from the fixed member (as shown in fig. 3; 44 spaced from 10 when spring is stretched; fig. 3 vs fig. 2);
one or more braking projections (foot 30) extending from the movable brake/ballast plate in a direction away from the fixed member (downward away from 10; as shown in figs. 2, 3);
one or more positioning projections (22) extend from the movable brake/ballast plate in a direction toward the fixed member (from 44 upward toward 10), the one or more positioning projections being movably mounted in one or more projection receiving openings of the fixed member (opening in 10 through which 22 passes; fig. 2);
the one or more positioning projections have shoulders (spirals of spring 24) which extend from side surfaces of the one or more positioning projections (24 extending from stem of 22 as shown in cross-sectional view of fig. 3), the shoulders are spaced from the fixed member when the movable brake/ballast plate is positioned in the movable brake/ballast plate first position (space between at least a portion of the spirals above 10 and the base of L-shaped fixed member 10; fig. 2), the shoulders are in engagement with the fixed member (spring spirals are in engagement with 14/16; where two interpretations apply i.e., either that 14/16 are part of the fixed member 10 or that the spring is in engagement with 10 via 14 and 16) when the movable brake/ballast plate is positioned in the movable brake/ballast plate second position (fig. 3);
wherein when the movable brake/ballast plate is provided in the movable brake/ballast plate first position, the movable structure is movable along a surface (as described in Col 6; LL 18-22; see highlighted excerpt below), when the movable brake/ballast plate is provided in the movable brake/ballast plate second position, the movable structure is prevented from moving relative to the surface (as described in Col 5; LL 43-53; see highlighted excerpt below).
PNG
media_image1.png
360
592
media_image1.png
Greyscale
PNG
media_image2.png
134
590
media_image2.png
Greyscale
PNG
media_image3.png
261
495
media_image3.png
Greyscale
PNG
media_image4.png
282
489
media_image4.png
Greyscale
In regards to claim 14 Poulin discloses the one or more positioning projections are cylindrical members (22) which extend through the one or more projection member receiving openings in the fixed member (opening in 10 through which 22 passes).
In regards to claim 15 Poulin discloses the fixed member has a weight (weight of 10) to act as a ballast for the movable structure to maintain stability of the movable structure (at least via the weight of 10), wherein in the movable brake/ballast plate second position, the shoulders of the movable brake/ballast plate engage the fixed member (via head 26) and act as additional ballast for the movable structure to maintain stability of the movable structure (at least via the weight of 10 and 24).
In regards to claim 16 Poulin discloses an engagement member (36) is mechanically connected to the movable brake/ballast plate (mechanical connection at least via one or more of 40, 10, 52, 22; under the broadest reasonable interpretation, does not need direct connection), the engagement member extends through an engagement member receiving opening in the fixed member (where 40 is part of 36 and extends through opening 20) to a free end of the engagement member (either ends of 36 or 40 being part of 36 and not being attached at either ends of 40), the engagement member is movable between an engagement member first position (when 36 is not pressed down) and an engagement member second position (when 36 is pressed down on), wherein when the engagement member is in the engagement member first position, the movable brake/ballast plate is provided in the movable brake/ballast plate first position (when 36 is not pressed down) allowing the movable structure to be moved along a the surface (when 30 is pulled up and not engaged with ground level), when the engagement member is in the engagement member second position (when 36 is pressed down on), the movable brake/ballast plate is provided in the movable brake/ballast plate second preventing the movable structure from moving relative to the surface (where 36 presses down to engage 30 with the ground surface).
In regards to claim 17 Poulin discloses wheels (unnumbered wheels shown in fig. 1) are attached to the fixed member (at least indirectly via the body of the cart), the wheels cooperate with the surface to allow the movable structure to move when the movable brake/ballast plate is positioned in the movable brake/ballast plate first position (being a freewheeling cart).
Claims 18, 20-23, 26 and 28 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Poulin, US (5323879).
In regards to claim 18 Poulin discloses:
A movable structure (cart C; fig. 1) configured to support at least one person thereon (where a tool cart such as C disclosed by Poulin is capable of supporting a person especially if it is empty), the movable structure comprising:
a movable brake/ballast assembly (assembly 8; shown in details in figs. 2, 3) having weight to stabilize the movable structure (at least weights of 22), the movable brake/ballast assembly having a movable brake/ballast plate (44; fig. 2), and a fixed plate (L-shaped plate 10), the movable brake/ballast plate being movable between a movable brake/ballast plate first position (when 36 is not pressed) in which the movable brake/ballast plate is spaced from a surface on which the movable structure is positioned (44 pulled up closer to 10 via spring 52 and where it lifts 30 off the ground and the cart is allowed to move) and a movable brake/ballast plate second position (when 36 is pressed down and 30 contact the ground) in which the movable brake/ballast plate is in engagement with the surface (44 spaced from 10 when spring is stretched);
an engagement member (36) is connected to the movable brake/ballast plate, the engagement member is movable between an engagement member first position (when 36 is not pressed down) and an engagement member second position (when 36 is pressed down on), a post (40) of the engagement member is mechanically attached to the movable brake/ballast plate (since the device is all mechanically attached, note: need not have direct attachment), the post extends through an engagement member receiving opening in the fixed plate (opening 20 through which 40 passes; fig. 2);
wherein when the engagement member is in the engagement member first position (when 36 is not pressed down), the movable brake/ballast plate is provided in the movable brake/ballast plate first position (also as 36 is not pressed and 30 is spaced from the ground surface), when the engagement member is in the engagement member second position (when 36 is pressed down on), the movable brake/ballast plate is provided in the movable brake/ballast plate second position (where 36 presses down to engage 30 with the ground surface);
wherein when the movable brake/ballast plate is provided in the movable brake/ballast plate first position, the movable structure is movable along a surface (as described in Col 6; LL 18-22; see highlighted excerpt above), when the movable brake/ballast plate is provided in the movable brake/ballast plate second position, the movable structure is prevented from moving relative to the surface (as described in Col 5; LL 43-53; see highlighted excerpt above).
In regards to claim 20 Poulin discloses the movable brake/ballast plate extends is in a plane which is parallel to a plane of the fixed plate (plane of 44 parallel to plane of 10 when 2 is extended; fig. 3).
In regards to claim 21 Poulin discloses wheels (unnumbered wheels as shown in fig. 1 and described in “Field of the Invention”) are attached to a fixed plate (10) of the movable structure, the wheels cooperate with the surface to allow the movable structure to move when the movable brake/ballast plate is positioned in the movable brake/ballast plate first position (as described in Col 6; LL 18-22).
In regards to claim 22 Poulin discloses the fixed plate is positioned from the surface by a greater distance than the movable brake/ballast plate (10 being farther away from ground surface than 44 as shown in figs. 2, 3), one or more positioning projections (22 including 32, 28, 30) extend from the movable brake/ballast plate in a direction toward the fixed plate (upward toward 10; as shown in figs. 2, 3), the one or more positioning projections extend through one or more projection member receiving openings (opening in 10 through which 22 passes) in the fixed member.
In regards to claim 23 Poulin discloses the one or more positioning projections have shoulders (spirals of spring 24) which extend from side surfaces of the one or more positioning projections (24 extending from stem of 22 as shown in cross-sectional view of fig. 3), the shoulders are spaced from the fixed plate when the movable brake/ballast plate is positioned in the movable brake/ballast plate first position (space between at least a portion of the spirals above 10 and the base of L-shaped fixed member 10; fig. 2), the shoulders are engagement with the fixed plate when the movable brake/ballast plate is positioned in the movable brake/ballast plate second position (spring spirals are in engagement with 14/16; where two interpretations apply i.e., either that 14/16 are part of the fixed member 10 or that the spring is in engagement with 10 via 14 and 16), allowing the fixed member and the movable brake/ballast plate to both provide ballast to the movable structure to maintain stability of the movable structure (at the weight of 10 and 44).
In regards to claim 26 Poulin discloses an activation member (38) is mechanically attached to a free end of the engagement member (as shown in fig. 2).
In regards to claim 28 Poulin discloses the movable brake/ballast plate has one or more braking projections (30) which extend from the movable brake/ballast plate in a direction away from the fixed plate (downward away from 10; as shown in figs. 2, 3).
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.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Poulin as applied to claim 20 above, and further in view of Shiels, US (10231792).
In regards to claim 24 Poulin does not disclose the engagement member has a hydraulic mechanism.
Shiels teaches engagement member (brake actuator 430) has a hydraulic mechanism (hydraulic cylinder; as described in Col 12; LL 56-62; see highlighted excerpt below) to facilitate a movement of the engagement member (to couple the brake pedal 410 to the brake 420; as described in Col 12; LL 56-62; see highlighted excerpt below).
PNG
media_image5.png
218
728
media_image5.png
Greyscale
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the hydraulic mechanism taught by Shiels to move the engagement member of Poulin for the predictable result with reasonable expectation of success i.e., to provide for an automated or semi-automated means for activating the engagement member where it would be predicably easier for the user to engage/disengage the brakes. The teaching of the hydraulic mechanism of Shiels onto the mechanism of Poulin, subsequently teaches facilitating the movement of the engagement member between the engagement member first position and the engagement member second position and the movement of the movable brake/ballast plate between the movable brake/ballast plate first position and the movable brake/ballast plate second position.
Claim 27 is rejected under 35 U.S.C. 103 as being unpatentable over Poulin as applied to claim 26 above, and further in view of Morris, US (3715015).
In regards to claim 27 Poulin does not disclose the activation member is a handle.
Morris teaches the activation member (15/23/37) is a handle (handle 37 as shown in fig. 1, 2, 3) which extends through a handle receiving opening (opening through 9/39 through which 15 passes) in the movable structure (11).
PNG
media_image6.png
610
480
media_image6.png
Greyscale
Therefore, before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to utilize the handle taught by Morris at the end of the engagement member of Poulin for the predictable result with reasonable expectation of success i.e., to provide for means for the user to activate the brakes using his hands in addition to the manner of engaging using his feet.
Response to Arguments
Applicant’s arguments filed 09/15/2025 have been considered but are moot because the new ground of rejection under the new interpretation of reference Poulin, US (5323879) covers all limitations (including previously indicted allowable subject matter, a new non-final is provided).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Please refer to previously provided PTO-892 form for list of cited references.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHIREF M MEKHAEIL whose telephone number is (571)270-5334. The examiner can normally be reached 10-7 Mon-Fri.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Daniel Cahn can be reached at 571-270-5616. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.M.M/Examiner, Art Unit 3634
/COLLEEN M CHAVCHAVADZE/Primary Examiner, Art Unit 3634