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 1, 5 – 8, 12, 14 – 19, and 21 – 33 have been examined. Claims 2 – 4, 9 – 11, 13, and 20 have been canceled by Applicant.
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 14 – 16 are rejected under 35 U.S.C. 103 as being unpatentable over Shall (2003/0011173) in view of Nai (CN207809426) and Kady (7,147,243). In regard to claim 14, Shall discloses a cart comprising a rigid frame forming a compartment, the rigid frame comprising a front wall, a rear wall, a right sidewall, a left sidewall, and a pivotable base panel (Figs. 1 and 2, items 18, 20, 22, 24, and 26), wherein the pivotable base panel is pivotably connected to a bottom of the front wall or a bottom of the rear wall, the pivotable base panel having a lower surface opposite an upper surface, the upper surface forming a bottom floor of the compartment (Figs. 1 and 2), wherein the pivotable base panel is configured to pivot between being disposed parallel to the front wall and rear wall for storage or being disposed perpendicular to the front wall and the rear wall when in use forming the bottom floor of the compartment (Figs. 1 and 2), wherein the right sidewall and the left sidewall are configured to fold inwardly into the compartment allowing the cart to collapse for storage (Figs. 4 and 5), a retractable handle disposed at, within or adjacent the back wall (Figs. 1 and 2, item 14), wherein the right sidewall comprises a first right panel and a second right panel, the first right panel is coupled to the second right panel along a first vertical axis, and the left sidewall comprises a first left panel and a second left panel, the first left panel is coupled to the second left panel along a second vertical axis (Figs. 1 and 2, items 121 and 122).
In regard to claim 16, Shall discloses a wheel assembly connected to the cart (Fig. 1, item 16).
Shall does not disclose the use of an attached slideable member. In regard to claim 14, Nai discloses a cart including a first track extending across a first vertical axis from a first position on a first right panel to a second position on a second right panel (Fig. 1, items 1211 and 1221), and a first slideable member to cooperatively engage the first track, the first slideable member is movable between an open position to allow the right sidewall to fold inwardly, to a closed position to selectively lock the first right panel to the second right panel, wherein the first slideable member is in the open position when adjacent the first position of the first track and is in the closed position when adjacent the second position of the first track (Figs. 1, 3, and 5, item 16).
In regard to claim 15, Nai discloses a second track extending across the second vertical axis from a first position on the first left panel to a second position on the second left panel, and a second slideable member to cooperatively engage the second track, the second slideable member is movable between an open position to allow the left sidewall to fold inwardly, to a closed position to selectively lock the first left panel to the second left panel, wherein the second slideable member is in the open position when adjacent the first position of the second track and is in the closed position when adjacent the second position of the second track (Figs. 1, 3, and 5, opposite side instances of items 1211, 1221, and 16).
Shall in view of Nai does not disclose the use of a cover. In regard to claim 14, Kady discloses a cart comprising a rigid cover panel conforming in shape to a top opening of the compartment, the rigid cover panel configured to securely fit in a first position over the top opening to serve as a cover and/or a seat (Figs. 1 and 5, item 52), wherein the rigid cover panel is movably attached to a top of the front wall, the rigid cover panel configured to be moved to a second position residing adjacent the front wall outside the compartment (column 5, line 58 – column 6, line 13).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the cover panel of Kady, to the cart of Shall in view of Nai, in order to protect and secure items held within the cart while the cart is in use.
Claims 17 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shall (2003/0011173) in view of Nai (CN207809426) and Kady (7,147,243) as applied to claims 14 – 16 above, and further in view of Collignon et al. (4,205,413). Shall in view of Nai and Kady does not disclose the use of lockable swivel wheels. In regard to claim 17, Collignon discloses a plurality of rotatable swivel wheels connected to the cart having at least one wheel locking assembly (Figs. 1 and 2, items 12 and 13), the at least one wheel locking assembly having a first condition for locking at least one of the rotatable swivel wheels to prevent rolling movement, and a second condition for unlocking the at least one of the rotatable swivel wheels (column 3, lines 3 – 19).
In regard to claim 18, Collignon discloses wherein the at least one wheel locking assembly comprising a brake actuator pedal (Fig. 1, item 24).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the locking swivel wheels of Collignon, to the cart of Shall in view of Nai and Kady, in order to provide a user with a secure and stable means for holding the cart at rest. This would minimize accidental movement of the cart.
Allowable Subject Matter
Claims 1, 5 – 8, 12, 19, and 21 – 33 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Nai (CN207809426) discloses a cart similar to the instant invention; however Nai, either alone or in combination, neither discloses nor suggests a cart comprising (in regard to claims 1 and 19) a hinge mechanism movably connecting the rigid cover panel to the front wall, (in regard to claim 5) a first magnet is disposed at, near or within the front wall, and wherein a second magnet or ferromagnetic material is disposed at, near or within the rigid cover panel, wherein when the rigid cover panel is in the second position, the first magnet and the second magnet or ferromagnetic material are aligned, and (in regard to claim 12) wherein the locking slide includes a release button configured to lock and unlock the locking slide from the rear wall. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
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/JOHN D WALTERS/Primary Examiner, Art Unit 3613
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