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 .
Status of the Claims
Claims 1-18 are pending herein.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The listing of references in the specification is not a proper information disclosure statement. 37 CFR 1.98(b) requires a list of all patents, publications, or other information submitted for consideration by the Office, and MPEP § 609.04(a) states, "the list may not be incorporated into the specification but must be submitted in a separate paper." Therefore, unless the references have been cited by the examiner on form PTO-892, they have not been considered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “two supporting columns” (Claim 3 – only one element 35 is indicated in Figure 2/4) and “two upper and lower sections" (Claim 2, line 2) and “tetrapyramid structure” (Claim 8 – see below 35 USC 112 rejection) must be shown and labeled or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-18 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 pre-AIA the applicant regards as the invention. Regarding claim 1, the claim recites the limitation: “rectangularly arranged at intervals" (line 5) which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claims 1-18 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 pre-AIA the applicant regards as the invention. Regarding claim 1, the claim recites the limitation: “allowed for being folded" (line 8 & 12) which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claims 2-5, 7, 8, and 10-18 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 pre-AIA the applicant regards as the invention. Regarding claim 2/7/10/15/16, the claim recites the limitations: "by a limited angle" which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claims 4-18 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 pre-AIA the applicant regards as the invention. Regarding claim 4/6/7 and 10-18, the claims recite the limitations: "in one-to-one correspondence" which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claims 4, 5, 13, 14, 17, and 18 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 pre-AIA the applicant regards as the invention. Regarding claim 4, the claim recites the limitation: “allowed for being clamped" (line 8 & 12) which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claims 6-9, 11-14 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 pre-AIA the applicant regards as the invention. Regarding claim 6 and 11-14, the claims recite the limitations: " the folding mechanism connected to…" which is of unclear antecedent basis and therefore renders the claims indefinite. The limitation should most likely be rewritten as: “a folding mechanism of the plurality of folding mechanisms connected to…”. Appropriate correction is required
Claim 8 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 pre-AIA the applicant regards as the invention. Regarding claim 8, the claim recites the limitations: "tetrapyramid structure" which is unclear and therefore renders the claims indefinite. Appropriate correction is required.
Claim 9 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 pre-AIA the applicant regards as the invention. Regarding claim 9, the claim recites the limitations: "rotatably connected end to end in sequence" which is unclear and therefore renders the claims indefinite. 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6-12, 15, and 16 is/are rejected under 35 U.S.C. 102(a)() as being anticipated by Conn (US 12,304,544 B2).
[Claim 1] Regarding Claim 1, Conn discloses: A two-tier cart (See, e.g., Fig.1-13, 20), comprising a first column, a second column, a third column, a fourth column (See, e.g., Fig.1-13, 34), a first bottom support mechanism (See, e.g., Fig.1-13, 68), a second bottom support mechanism (See, e.g., Fig.1-13, 64), and a plurality of folding mechanisms (See, e.g., Fig.1-13, 22+24+26), wherein the first column, the second column, the third column and the fourth column are rectangularly arranged at intervals (See, e.g., Fig.1-13), and lower ends of the first column, the second column, the third column and the fourth column are all connected to the first bottom support mechanism (See, e.g., Fig.1-13), one folding mechanism is connected between two adjacent columns (See, e.g., Fig.1-13), and the plurality of folding mechanisms are allowed for being folded and contracted (See, e.g., Fig.1-13); and the first column, the second column, the third column and the fourth column are all connected to the second bottom support mechanism (See, e.g., Fig.1-13), the second bottom support mechanism is located above the first bottom support mechanism (See, e.g., Fig.1-13), and the first bottom support mechanism and the second bottom support mechanism are both allowed for being folded and contracted upward (See, e.g., Fig.1-13).
[Claim 2] Regarding Claim 2, Conn discloses: further comprising a rear frame mechanism (See, e.g., Fig.1-13, 82), wherein the rear frame mechanism is disposed between the second column and the third column (See, e.g., Fig.1-13), and a lower end of the rear frame mechanism is rotatably connected to the lower end of the second column and the lower end of the third column by a limited angle (See, e.g., Fig.1-13).
[Claim 3] Regarding Claim 3, Conn discloses: wherein the rear frame mechanism comprises a first rear frame column, a second rear frame column, and a rear frame folding assembly (See, e.g., Fig.1-13, 82+84+86); and the rear frame folding assembly is connected between the first rear frame column and the second rear frame column (See, e.g., Fig.1-13), a first end of the first rear frame column is rotatably connected to the lower end of the second column by a limited angle (See, e.g., Fig.1-13), and a first end of the second rear frame column is rotatably connected to the lower end of the third column by a limited angle (See, e.g., Fig.1-13).
[Claim 6/11/12] Regarding Claim 6/11/12, Conn discloses: further comprising a first linkage slide sleeve, a second linkage slide sleeve, a third linkage slide sleeve, and a fourth linkage slide sleeve (See, e.g., Fig.1-13, 40), wherein the first linkage slide sleeve, the second linkage slide sleeve, the third linkage slide sleeve and the fourth linkage slide sleeve are slidably connected in one-to-one correspondence with the first column, the second column, the third column and the fourth column (See, e.g., Fig.1-13);
the first linkage slide sleeve, the second linkage slide sleeve, the third linkage slide sleeve and the fourth linkage slide sleeve are all hinged to the second bottom support mechanism (See, e.g., Fig.1-13); and
both ends of the folding mechanism connected to the first column and the second column are connected in one-to-one correspondence with the first linkage slide sleeve and the second linkage slide sleeve (See, e.g., Fig.1-13);
both ends of the folding mechanism connected to the second column and the third column are connected in one-to-one correspondence with the second linkage slide sleeve and the third linkage slide sleeve (See, e.g., Fig.1-13);
both ends of the folding mechanism connected to the third column and the fourth column are connected in one-to-one correspondence with the third linkage slide sleeve and the fourth linkage slide sleeve (See, e.g., Fig.1-13); and
both ends of the folding mechanism connected to the fourth column and the first column are connected in one-to-one correspondence with the fourth linkage slide sleeve and the first linkage slide sleeve (See, e.g., Fig.1-13).
[Claim 7] Regarding Claim 7, Conn discloses: wherein the second bottom support mechanism comprises a first bottom connector, a first bottom connecting tube, a second bottom connecting tube, a third bottom connecting tube, and a fourth bottom connecting tube (See, e.g., Fig.1-13);
the first bottom support mechanism comprises a second bottom connector, a fifth bottom connecting tube, a sixth bottom connecting tube, a seventh bottom connecting tube, and an eighth bottom connecting tube (See, e.g., Fig.1-13);
first ends of the fifth bottom connecting tube, the sixth bottom connecting tube, the seventh bottom connecting tube and the eighth bottom connecting tube are all rotatably connected to the second bottom connector by a limited angle (See, e.g., Fig.1-13);
second ends of the fifth bottom connecting tube, the sixth bottom connecting tube, the seventh bottom connecting tube and the eighth bottom connecting tube are rotatably connected in one-to-one correspondence with the lower ends of the first column, the second column, the third column and the fourth column (See, e.g., Fig.1-13); and
first ends of the first bottom connecting tube, the second bottom connecting tube, the third bottom connecting tube and the fourth bottom connecting tube are all rotatably connected to the first bottom connector by a limited angle (See, e.g., Fig.1-13); and
second ends of the first bottom connecting tube, the second bottom connecting tube, the third bottom connecting tube and the fourth bottom connecting tube are rotatably connected in one-to-one correspondence with the first linkage slide sleeve, the second linkage slide sleeve, the third linkage slide sleeve and the fourth linkage slide sleeve (See, e.g., Fig.1-13).
[Claim 8] Regarding Claim 8, Conn discloses: wherein when the two-tier cart is in an unfolded state, a folded state, or in a process of being folded, the first bottom connecting tube, the second bottom connecting tube, the third bottom connecting tube and the fourth bottom connecting tube are always parallel to the fifth bottom connecting tube, the sixth bottom connecting tube, the seventh bottom connecting tube and the eighth bottom connecting tube in one-to-one correspondence (See, e.g., Fig.1-13);
when the two-tier cart is in the folded state, the first bottom connecting tube, the second bottom connecting tube, the third bottom connecting tube and the fourth bottom connecting tube are folded into a first tetrapyramid structure (See, e.g., Fig.1-13),
the fifth bottom connecting tube, the sixth bottom connecting tube, the seventh bottom connecting tube and the eighth bottom connecting tube are folded into a second tetrapyramid structure (See, e.g., Fig.1-13), and the second tetrapyramid structure is sleeved in the first tetrapyramid structure (See, e.g., Fig.1-13); and
when the two-tier cart is in the folded state, a horizontal height of the first bottom connector is not higher than a horizontal height of an upper end of the first column (See, e.g., Fig.1-13).
[Claim 9] Regarding Claim 9, Conn discloses: wherein the plurality of folding mechanisms comprise: a first folding mechanism connected between the first column and the second column, a second folding mechanism connected between the third column and the fourth column, a third folding mechanism connected between the first column and the fourth column, and a fourth folding mechanism connected between the second column and the third column (See, e.g., Fig.1-13, 22);
the first folding mechanism and the second folding mechanism each comprise a first linkage, a second linkage, a third linkage, a fourth linkage, a fifth linkage, and a sixth linkage (See, e.g., Fig.1-13, 22);
the first linkage, the second linkage and the third linkage are rotatably connected end to end in sequence (See, e.g., Fig.1-13);
the fourth linkage, the fifth linkage and the sixth linkage are rotatably connected end to end in sequence (See, e.g., Fig.1-13);
a middle of the first linkage is rotatably connected to a middle of the fourth linkage, a middle of the second linkage is rotatably connected to a middle of the fifth linkage, and a middle of the third linkage is rotatably connected to a middle of the sixth linkage (See, e.g., Fig.1-13);
the first linkage of the first folding mechanism is rotatably connected to an upper end of the first column (See, e.g., Fig.1-13), the third linkage of the first folding mechanism is rotatably connected to the second linkage slide sleeve (See, e.g., Fig.1-13), the first linkage of the second folding mechanism is rotatably connected to an upper end of the fourth column (See, e.g., Fig.1-13), and the third linkage of the second folding mechanism is rotatably connected to the third linkage slide sleeve (See, e.g., Fig.1-13); the fourth linkage of the first folding mechanism is rotatably connected to the first linkage slide sleeve (See, e.g., Fig.1-13), the sixth linkage of the first folding mechanism is rotatably connected to an upper end of the second column (See, e.g., Fig.1-13), the fourth linkage of the second folding mechanism is rotatably connected to the fourth linkage slide sleeve (See, e.g., Fig.1-13), and the sixth linkage of the second folding mechanism is rotatably connected to an upper end of the third column (See, e.g., Fig.1-13); the third folding mechanism and the fourth folding mechanism each comprise a seventh linkage, an eighth linkage, a ninth linkage, and a tenth linkage (See, e.g., Fig.1-13, 22);
a first end of the seventh linkage is rotatably connected to a first end of the eighth linkage (See, e.g., Fig.1-13), a first end of the ninth linkage is rotatably connected to a first end of the tenth linkage (See, e.g., Fig.1-13), a body of the seventh linkage is rotatably connected to a body of the ninth linkage (See, e.g., Fig.1-13), and a body of the eighth linkage is rotatably connected to a body of the tenth linkage (See, e.g., Fig.1-13); a second end of the seventh linkage of the third folding mechanism is rotatably connected to the upper end of the first column (See, e.g., Fig.1-13), a second end of the eighth linkage of the third folding mechanism is rotatably connected to the upper end of the fourth column (See, e.g., Fig.1-13), a second end of the ninth linkage of the third folding mechanism is rotatably connected to the first linkage slide sleeve (See, e.g., Fig.1-13), and a second end of the tenth linkage of the third folding mechanism is rotatably connected to the fourth linkage slide sleeve (See, e.g., Fig.1-13); and a second end of the seventh linkage of the fourth folding mechanism is rotatably connected to the upper end of the second column (See, e.g., Fig.1-13), a second end of the eighth linkage of the fourth folding mechanism is rotatably connected to the upper end of the third column (See, e.g., Fig.1-13), a second end of the ninth linkage of the fourth folding mechanism is rotatably connected to the second linkage slide sleeve (See, e.g., Fig.1-13), and a second end of the tenth linkage of the fourth folding mechanism is rotatably connected to the third linkage slide sleeve (See, e.g., Fig.1-13).
[Claim 10/15/16] Regarding Claim 10/15/16, Conn discloses: further comprising a handle mechanism (See, e.g., Fig.1-13, 74), wherein the handle mechanism comprises a telescopic rod, a first connecting tube, and a second connecting tube (See, e.g., Fig.1-13, 62+78+80), a first end of the first connecting tube and a first end of the second connecting tube are both rotatably connected to a first end of the telescopic rod by a limited angle (See, e.g., Fig.1-13), and a second end of the first connecting tube and a second end of the second connecting tube are rotatably connected in one-to-one correspondence with the lower end of the first column and the lower end of the fourth column (See, e.g., Fig.1-13).
Allowable Subject Matter
Claims 4, 5, 13, 14, 17, and 18, 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: The prior art of record when taken alone or in combination with another does not teach or fairly suggest at this time at least, among other limitations: wherein the first rear frame column and the second rear frame column are each slidably provided with a laying-down slide sleeve, a second end of the first rear frame column and a second end of the second rear frame column are each provided with a laying-down fastener, the laying-down fastener and the laying-down slide sleeve on the first rear frame column are both connected to the rear frame folding assembly, and the laying-down fastener and the laying-down slide sleeve on the second rear frame column are both connected to the rear frame folding assembly; and the laying-down slide sleeve is provided with a clamping assembly, and the clamping assembly on the first rear frame column and the clamping assembly on the second rear frame column are allowed for being clamped in one-to-one correspondence with the second column and the third column, as claimed in Claim 4 (emphasis added to allowable limitations not suggested or taught by the prior art).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure, and can be found on the attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES M DOLAK whose telephone number is (571)270-7757. The examiner can normally be reached on 9-530 EST Monday-Friday.
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, J ALLEN SHRIVER can be reached on 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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/JAMES M DOLAK/Primary Examiner, Art Unit 3613