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 § 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.
Claim(s) 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Carruyo (US – 9,937,904 B1).
As per claim 19, Carruyo discloses Brake Unit For A Cargo Dolly comprising:
first and second brake plate members (33, left and right, Fig: 4) connected for axial movement to first and second spaced apart upstanding support plates (Fig: 6), the first and second support plates being connected to a first frame end (10, 11, Fig: 2-4, 6-8);
first and second brake plate stopper rods (rod 17 common use for both brake plate, Fig: 1) slidably mounted in the respective first and second support plates (Fig: 1, 4, 6-8);
first and second resilient members (21, Fig: 1, 4, 6) connected the respective first and second brake plate members to the respective support plates; and
an actuator bar (19, Fig: 1) interconnects the first and second brake plate members to the first frame end to axially move the brake plate members (Fig: 1, 4, 6).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1, and 9-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lowe (US – 7,815,215 B1) and further in view of Carruyo (US – 9,937,904).
As per claim 1, Lowe discloses Multipurpose Work Site Utility Carrier comprising:
a carriage having a first frame (7a, 7b, Fig: 1, 1A, 2-4) and a second frame (8a, 8b, Fig: 1, 1A, 2-4), each of the frames having a hinge end (at pin 10a, Fig: 1, 1A, 2-4) for hingeably connecting the frames together (Fig: 1, 1A, 2-4), the first frame being adapted for mounting on a rail member (76a, 76b, fig: 1, 2A, 2B) to move the carriage therealong (76a, 76b, Fig: 1, 1A, 2-4), the second frame (7a, 7b) being moveable relative to the first frame about the hinge end (Fig: 1, 1A, 2-4);
a jack assembly connected to the first and second frames, the jack assembly being actuatable to move the second frame relative to the first frame about the hinge end; (31, Upright mode, Col: 7, Ln: 3 – Ln: 39, Fig: 4-8), and
a brake assembly (42a, 42b, 43a, 43b, Fig: 5-6, 15) located away from the hinge end (Fig: 5-6, 15).
Lowe discloses all the structural elements of the claimed invention but fails to explicitly disclose, the brake assembly having a brake plate member resiliently connected to the first frame for axial movement relative thereto, and a brake plate stopper moveably connected to the first frame, the brake plate stopper being moveable between a carriage stopping configuration, in which the brake plate stopper abuttingly engages the brake plate member, and a carriage moving configuration in which the brake plate stopper is retracted away from the brake plate member.
Carruyo discloses Brake Unit For Cargo Dolly comprising:
the brake assembly having a brake plate member (33, Fig: 2-5) resiliently connected to the first frame for axial movement relative thereto (Fig: 6), and a brake plate stopper (35, Fig: 6) moveably connected to the first frame (10, 11, Fig: 2-6), the brake plate stopper being moveable between a carriage stopping configuration (Fig: 8), in which the brake plate stopper abuttingly engages the brake plate member (Fig: 8), and a carriage moving configuration in which the brake plate stopper is retracted away from the brake plate member (Fig: 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Multipurpose Work Site Utility Carrier of the Lowe to make the brake assembly having a brake plate member resiliently connected to the first frame for axial movement relative thereto, and a brake plate stopper moveably connected to the first frame, the brake plate stopper being moveable between a carriage stopping configuration, in which the brake plate stopper abuttingly engages the brake plate member, and a carriage moving configuration in which the brake plate stopper is retracted away from the brake plate member as taught by Carruyo in order to the leaf springs stores energy that keeps the effectiveness of the brake system up to the limit of the tire, even as the tire wears from its original size.
As per claim 9, Carruyo further disclose in which the brake assembly includes:
first and second brake plate members (33, left and right, Fig: 4) connected for axial movement to first and second spaced apart upstanding support plates (Fig: 6), the first and second support plates being connected to a first frame end (10, 11, Fig: 2-4, 6-8);
first and second brake plate stopper rods (rod 17 common use for both brake plate, Fig: 1) slidably mounted in the respective first and second support plates (Fig: 1, 4, 6-8);
first and second resilient members (21, Fig: 1, 4, 6) connected the respective first and second brake plate members to the respective support plates; and
an actuator bar (19, Fig: 1) interconnects the first and second brake plate members to the first frame end to axially move the brake plate members (Fig: 1, 4, 6).
As per claim 10, Carruyo further disclose in the first and second resilient members (21) are springs (Fig: 4, 7-8).
As per claim 11, Carruyo further disclose in which the actuator bar (19) is in communication with an actuator handle (Fig: 1).
As per claims 13, 14 and 15, Lowe discloses in which the rail member (76a, 76b, Fig: 2A, 5) is disposed at an angle relative to the ground (Claim 13), generally parallel relative to the ground (Claim 14), and generally orthogonal relative to the ground (Claim 15)(Fig: 2a, 5).
As per claim 16, Lowe discloses Multipurpose Work Site Utility Carrier therefore it is same as a dolly apparatus.
As per claim 17, Lowe discloses Multipurpose Work Site Utility Carrier (same as dolly for moving a load) comprising:
a carriage having a first frame (7a, 7b, Fig: 1, 1A, 2-4) and a second frame (8a, 8b, Fig: 1, 1A, 2-4), each of the frames having a hinge end (at pin 10a, Fig: 1, 1A, 2-4) for hingeably connecting the frames together (Fig: 1, 1A, 2-4), the first frame being adapted for mounting on a rail member (76a, 76b, fig: 1, 2A, 2B) to move the carriage therealong (76a, 76b, Fig: 1, 1A, 2-4), the second frame (7a, 7b) being moveable relative to the first frame about the hinge end (Fig: 1, 1A, 2-4);
a jack assembly connected to the first and second frames, the jack assembly being actuatable to move the second frame relative to the first frame about the hinge end; (31, Upright mode, Col: 7, Ln: 3 – Ln: 39, Fig: 4-8), and
a brake assembly (42a, 42b, 43a, 43b, Fig: 5-6, 15) located away from the hinge end (Fig: 5-6, 15).
Lowe discloses all the structural elements of the claimed invention but fails to explicitly disclose, the brake assembly having a brake plate member resiliently connected to the first frame for axial movement relative thereto, and a brake plate stopper moveably connected to the first frame, the brake plate stopper being moveable between a carriage stopping configuration, in which the brake plate stopper abuttingly engages the brake plate member, and a carriage moving configuration in which the brake plate stopper is retracted away from the brake plate member.
Carruyo discloses Brake Unit For Cargo Dolly comprising:
the brake assembly having a brake plate member (33, Fig: 2-5) resiliently connected to the first frame for axial movement relative thereto (Fig: 6), and a brake plate stopper (35, Fig: 6) moveably connected to the first frame (10, 11, Fig: 2-6), the brake plate stopper being moveable between a carriage stopping configuration (Fig: 8), in which the brake plate stopper abuttingly engages the brake plate member (Fig: 8), and a carriage moving configuration in which the brake plate stopper is retracted away from the brake plate member (Fig: 7).
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the Multipurpose Work Site Utility Carrier of the Lowe to make the brake assembly having a brake plate member resiliently connected to the first frame for axial movement relative thereto, and a brake plate stopper moveably connected to the first frame, the brake plate stopper being moveable between a carriage stopping configuration, in which the brake plate stopper abuttingly engages the brake plate member, and a carriage moving configuration in which the brake plate stopper is retracted away from the brake plate member as taught by Carruyo in order to the leaf springs stores energy that keeps the effectiveness of the brake system up to the limit of the tire, even as the tire wears from its original size.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lowe (US – 7,815,215 B1) as modified by Carruyo (US – 9,937,904) as applied to claim 1 above, and further in view of Vaughan et al. (US – 7,093,691 B1).
As per claim 8, Lowe as modified by Carruyo discloses all the structural elements of the claimed invention but fails to explicitly disclose which the jack assembly includes:
an actuator screw connected to the jack assembly to move the jack assembly between a collapsed configuration and an extended configuration;
first jack assembly connector end connected to a jack assembly cross bar interconnected with the first frame;
a first frame jack assembly connector connected to the first frame; and
a second frame jack assembly connector connected to the second frame, the first and second frame jack assembly connectors being operably connected to the actuator screw.
Vaughan discloses Scissor-lift Assembly comprising:
the jack assembly (48A, 48B, Fig: 1, 2A, 2B) includes:
an actuator screw (45A, 45B, Fig: 1, 2A, 2B, 4) connected to the jack assembly (Fig: 45A, 45B, Fig: 1, 2A, 2B, 4) to move the jack assembly between a collapsed configuration (Fig: 2B) and an extended configuration (Fig: 2A);
first jack assembly connector end connected to a jack assembly cross bar interconnected with the first frame;
a first frame jack assembly (49A, 45A, 45B, Fig: 1, 2A, 2B, 4) connector connected to the first frame (22A, 45A, 45B, Fig: 1, 2A, 2B, 4); and
a second frame jack assembly (49B, 45A, 45B, Fig: 1, 2A, 2B, 4) connector connected to the second frame (0, 31, 45A, 45B, Fig: 1, 2A, 2B, 4), the first and second frame jack assembly connectors being operably connected to the actuator screw (45A, 45B, Fig: 1, 2A, 2B, 4).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the Multipurpose Work Site Utility Carrier of the Lowe to make the jack assembly includes: an actuator screw connected to the jack assembly to move the jack assembly between a collapsed configuration and an extended configuration; first jack assembly connector end connected to a jack assembly cross bar interconnected with the first frame; a first frame jack assembly connector connected to the first frame; and a second frame jack assembly connector connected to the second frame, the first and second frame jack assembly connectors being operably connected to the actuator screw as taught by Vaughan in order to provide the rails can effectively be raised and lowered along a predetermined vertical path during operating conditions.
Allowable Subject Matter
Claims 2-7, 12 and 18 are 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.
Prior art and teaching references fail to disclose the first frame is generally square- shaped and includes: i) two proximal upstanding supports, each having first and second hinges for hingeably connecting the second frame thereto, and ii) two distal upstanding supports for receiving therein the first frame (Claim 2), the first and second brake plate stopper rods are in communication with an elongate brake controller rod having a brake controller end located at a second frame end located away from the first frame end (Claim 12) and the first frame is generally square- shaped and includes: i) two proximal upstanding supports, each having first and second hinges for hingeably connecting the second frame thereto, and ii) two distal upstanding supports for receiving therein the first frame (Claim 18).
Claims 3-7 depend on claim 2.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
A: He (US – 7,599,098 B1),
B: Martin-Vegue et al. (US – 6,419,053 B1),
C: Smith et al. (US – 5,042,622),
D: Lagree (US – 2022/0379159 A1),
E: MATSUKI (US – 2021/0024046 A1),
F: Kim (US – 2018/0319418 A1),
G: Lagree (US – 2017/0087397 A1),
H: Brown, JR. et al. (US – 2016/0272004 A1), and
I: Chapman (US – 2012/0228838 A1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAN M AUNG whose telephone number is (571)270-5792. The examiner can normally be reached 9:00 AM - 5:30 PM.
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/SAN M AUNG/ Examiner, Art Unit 3616
/Robert A. Siconolfi/ Supervisory Patent Examiner, Art Unit 3616