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 .
Election/Restrictions
Claims 1, 2, 4-16 are directed to an allowable product. Pursuant to the procedures set forth in MPEP § 821.04(B), claims 17-25, directed to the process of making or using an allowable product, previously withdrawn from consideration as a result of a restriction requirement, are hereby rejoined and fully examined for patentability under 37 CFR 1.104.
Because all claims previously withdrawn from consideration under 37 CFR 1.142 have been rejoined, the restriction requirement as set forth in the Office action mailed on 4/22/2025 is hereby withdrawn. In view of the withdrawal of the restriction requirement as to the rejoined inventions, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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.
Claim 25 is 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.
Claim 25 recites the limitation "the food service cart" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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.
Claim(s) 17-19, 21, 23, and 24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent Publication 2020/0063479 to Klassen.
Klassen teaches
17. A method for coupling a door to a side panel, the method comprising: providing at least one side panel (102) and at least one door (101); disposing an adjustable hinge (202) on the at least one side panel; adjusting an orientation of the hinge relative to the at least one side panel (par 5 and 6); and coupling the at least one door to the hinge, wherein adjusting the orientation of the hinge relative to the at least one side panel comprises adjusting a relative position of a bore defined through a longitudinal length of the hinge until a vertical alignment between the bore and the at least one door is obtained (par 5 and 6).
18. wherein adjusting the orientation of the hinge relative to the at least one side panel comprises rotating the hinge relative to the at least one side panel (the hinge has an off-center bore 204 such that rotation of the hinge via the Allen key adjust orientation relative to the side panel).
19. wherein disposing the adjustable hinge on the at least one side panel comprises inserting the hinge into a socket (104) defined in the at least one side panel.
21. further comprising inserting a first lateral end (upper end as best seen in figure 2 and 4) of a hinge pin (201) into the hinge and inserting a second lateral end (as best seen in figure 2) of the hinge pin into the at least one door.
23. wherein rotating the hinge relative to the at least one side panel comprises changing a horizontal position of a bore defined within the hinge relative to the at least one side panel (the hinge has an off-center bore 204 such that rotation of the hinge via the Allen key adjust orientation relative to the side panel).
24. wherein coupling the at least one door to the hinge comprises inserting the at least one door into the bore defined in the hinge (as best seen in figure 2).
Claim(s) 17-19 and 21-23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 9,161,620 to Nicholson.
Nicholson teaches
17. A method for coupling a door to a side panel, the method comprising: providing at least one side panel (12) and at least one door (16); disposing an adjustable hinge (90) on the at least one side panel; adjusting an orientation of the hinge relative to the at least one side panel (the side panel has a threaded aperture 104 and the hinge has threaded bolt 100; therefore rotating the botl in the aperture alters a distance of the bore 98 from the side panel; col 7, line 45 to Col 9, line 11 ); and coupling the at least one door to the hinge, wherein adjusting the orientation of the hinge relative to the at least one side panel comprises adjusting a relative position of a bore (98) defined through a longitudinal length of the hinge until a vertical alignment between the bore and the at least one door is obtained (col 8 line 58 to col 9 line 11).
18. wherein adjusting the orientation of the hinge relative to the at least one side panel comprises rotating the hinge relative to the at least one side panel (rotating the threads causes adjustment).
19. wherein disposing the adjustable hinge on the at least one side panel comprises inserting the hinge into a socket (threaded aperture 104) defined in the at least one side panel.
21. further comprising inserting a first lateral end (figure 11, 12, 14, and 15) of a hinge pin (94,112) into the hinge and inserting a second lateral end (figure 11, 12, 14, and 15) of the hinge pin into the at least one door.
22. wherein providing at least one side panel and at least one door comprises rotationally molding both the at least one side panel and the at least one door (col 4, lines 22-34).
23. wherein rotating the hinge relative to the at least one side panel comprises changing a horizontal position of a bore defined within the hinge relative to the at least one side panel (the side panel has a threaded aperture 104 and the hinge has threaded bolt 100; therefore rotating the botl in the aperture alters a distance of the bore 98 from the side panel; col 7, line 45 to Col 9, line 11).
24. wherein coupling the at least one door to the hinge comprises inserting the at least one door into the bore defined in the hinge (figure 11, 12, 14, and 15, the hinge pin 94,112 is considered to be part of the door).
Claim Rejections - 35 USC § 103
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(s) 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent 9,161,620 to Nicholson in view of US Patent 7,284,393 to Macmillan.
Nicholson discloses every element as claimed and discussed above except an end table.
Macmillan teaches a cart further comprising an expandable end table (25) coupled to the at least one side panel, wherein the end table forms a flush surface (due to the recess 27) with the at least one side panel when the end table is in a contracted position (as best seen in figure 5). wherein the end table comprises: a first bracket (figure 1); and an adjustable prop rod (29) coupled to the first bracket, wherein the prop rod is configured to removably couple to a second bracket (figure 1) disposed on the at least one side panel. wherein the at least one side panel comprises a recess (27) configured to accommodate a thickness (as best seen in figure 1) of the end table in order to form the flush surface.
Before the effective filing date of the claimed invention it would have been obvious for a person of ordinary skill in the art to modify the cart of Nicholson by adding an end table to the side as taught by Macmillan to increase counter space when needed.
Allowable Subject Matter
Claims 1, 2, and 4-16 allowed.
Claim 20 is 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.
Response to Arguments
Applicant’s arguments filed 8/31/2026 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
This action is being made non-final due to the rejoinder and the new rejections of claims 17-26.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY MICHAEL AYRES whose telephone number is (571)272-8299. The examiner can normally be reached Monday - Friday 11:30-8.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Dan Troy can be reached at (571) 270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY M AYRES/ Examiner, Art Unit 3637
