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 .
Terminal Disclaimer
The terminal disclaimer filed on April 15, 2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 11,912,326 has been reviewed and is accepted. The terminal disclaimer has been recorded.
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) 1-3, 5, 9-11, 13, 14, and 16-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 214325204 U to Guo.
Re-claim 1, Guo discloses wheeled cart 20 comprising: a basket assembly (the open volume defined within the structure of the cart) is capable of transporting a variety of objects placed within; a plurality of wheel assemblies 10/30 are rotatably coupled to the basket assembly; a brake lever arm 1 is pivotably attached to the basket assembly and pivots about a brake lever arm axis 13, the brake lever arm includes a brake lever arm distal end extending perpendicularly in relation to the brake lever arm axis (see at least figure 4), the brake lever arm pivots by engaging the brake lever arm distal end between a released position (figure 16) and a braked position (figure 15), the brake lever arm includes a brake assembly; at least one of the plurality of wheel assemblies includes a plurality of stops 3 radially disposed about a common radial axis; when in the braked position, the brake assembly is positioned between at least two of the plurality of stops preventing rotation of the at least one of the plurality of wheel assemblies (as in figure 15); when in the released position, the brake assembly is positioned outside the plurality of stops allowing rotation of the at least one of the plurality of wheel assemblies (as in figure 16); the brake assembly includes a raised bump 21 and a flexure 123 formed by a slot 124 (the slot 124 defines a surface portion of the flexure, see figure 7), the flexure is not engaged by the raised bump when the brake lever arm is in either the released position or the braked position (as when in either of these positions, the bump 21 is positioned in either groove 122 for the release position or groove 121 for the brake position) and the flexure 123 is engaged by the raised bump when moving between the released position and the braked position, the flexure is formed of a material such that the flexure is capable of flexing out of the way of the raised bump so as to allow the raised bump to pass by the flexure when the raised bump is moving between the released position and the braked position (see paragraph 81).
Re-claims 2, 10 and 18, the basket assembly can collapse or fold and later expand, as is common in the art (see pivot points part of the assembly). The open volume area intended to hold an object (such as a baby carrier) is interpreted as a basket assembly, since a basket is broadly interpreted to be an structure or container intended to hold another object.
Re-claims 3 and 11, an axle 202 rotatably couples two of the wheel assemblies.
Re-claims 5, 13 and 17, the brake assembly comprises a brake extension (these are elements 3, as consistent with the instant invention) extending outwardly from the brake lever toward the wheel assembly, the extensions are parallel to the brake lever axis 13.
Re-claim 9, Guo discloses a wheeled cart comprising: a wheel 10 with a plurality of stops 3 radially disposed about a common radial axis; a brake assembly is removably couple between at least two of the plurality of stops, the brake assembly comprising a raised bump 21 and a flexure 123 formed by a slot 124; a brake lever arm 1 is coupled to the brake assembly and pivots about a brake lever arm axis 13, the brake lever arm comprises a brake lever arm distal end extending perpendicularly in relation to the brake lever arm axis, the brake lever arm pivots by engaging the brake lever arm distal end between a released position and a braked position; when the braked position, the brake assembly is configured to be positioned between at least two of the plurality of stops preventing rotation of the wheel (see at least figure 3); when in the released position, the brake assembly is configured to be positioned outside the plurality of stops allowing rotation of the wheel (see at least figure 6); the flexure is not engaged by the raised bump when the brake lever arm is in either the released position or the braked position and the flexure is engaged by the raised bump when moving between the released position and the braked position, the flexure is formed of a material such that the flexure is capable of flexing out of the way of the raised bump so as to allow the raised bump to pass by the flexure when the raised bump is moving between the released position and the braked position (see paragraph 81).
Re-claim 14, the wheel is at least a back left wheel and a back right wheel.
Re-claim 16, Guo discloses a wheeled assembly comprising: a first wheel 10 and a second wheel 10 each rotatably coupled to a frame, the first wheel and the second wheel are aligned along a central axis, the first wheel comprises a plurality of stops 3 radially disposed about the central axis; a brake assembly is removably coupled with at least one the plurality of stops, the brake assembly comprising a raised bump 21 and a flexure 123 formed by a slot 124; a brake lever arm 1 is coupled to the brake assembly and pivots about a brake lever arm axis 13, the brake lever arm comprises a brake lever arm distal end extending perpendicularly in relation to the brake lever arm axis, the brake lever arm is configured to pivot by engaging the brake lever arm distal end between a released position and a braked position (see at least figures 3 and 6 that show a braked position and a released position); when in the braked position, the brake assembly is configured to be positioned between at least two of the plurality of stops 3 preventing rotation of the first wheel; when in the released position, the brake assembly is configured to be positioned outside the plurality of stops allowing rotation of the first wheel; the flexure engages the raised bump when switching between the released position and the braked position and disengages the raised bump in either the released position or the braked position, the flexure being formed of a material such that the flexure is capable of flexing out of the way of the raised bump when switching between the released position and the braked position (see paragraph 81).
Re-claim 19, the brake lever 1 will remain in either the brake position or released position by virtue of stop 21 being positioned in one of grooves 121 or 122.
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(s) 4 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of GB 2,243,198 A to Cheng.
Re-claims 4 and 12, Guo fails to teach a connecting rod positioned behind the axle 202, with the connecting rod in the release position is higher in relation to the connecting rod in the brake position.
Cheng teaches a brake assembly with a pair of brake lever arms 20 connected by a connecting rod 30 that is positioned behind an axle 3. The connecting rod is higher up when in the release position than when in the brake position. The connecting rod provides a centralized structure that is easily activated by a user’s foot, and as such activates both wheel brakes simultaneously. As such it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the assembly of Guo with a connecting rod extending between the left and right wheel brake assemblies as taught by Cheng, thus allowing the user to activate both brake assemblies simultaneously and from a central location.
Claim(s) 6-8, 15 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Guo in view of US 2012/0274052 A1 to Zhu.
Re-claim 6, Guo fails to teach the plurality of wheel assemblies comprising a left front swivel wheel assembly and a right front swivel wheel assembly, as the swiveling left and right front wheels are shown as one assembly.
Zhu teaches a basket assembly with a left front swivel wheel 41 and a right front swivel wheel 41. The swivel wheels allow for directional control of the basket, see paragraph 45. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the basket assembly of Guo with left and right front swivel wheel assemblies as taught by Zhu, thus allowing for easy directional control of the basket when being pushed by a user, and using separate wheel assemblies is one of mere choice over the single wheel assembly.
Re-claims 7, 8, 15 and 20, Guo fails to show the basket assembly comprising a rectangular floor defining a front edge, a rear edge, a left edge and a right edge, wherein a front wall is pivotably connected to the front edge of the rectangular floor, and wherein a back wall is pivotably connected to the rear edge of the rectangular floor, or when in the opened position the front wall and rear wall are perpendicular in relation to the rectangular floor, and wherein in the stored position the front wall is aligned with the rectangular floor and the back wall is adjacent to the rectangular floor.
Zhu teaches a folding basket assembly comprising a rectangular floor 24 defining a front edge, a rear edge, a left edge and a right edge, a front wall 21 is pivotably connected to the front edge of the rectangular floor (see figure 5), a back wall 23 is pivotably connected to the rear edge of the rectangular floor (figure 5), and when in the opened position the front wall and rear wall are perpendicular in relation to the rectangular floor (figure 3), and when in the stored position the front wall is aligned with the rectangular floor and the back wall is adjacent to the rectangular floor (see figure 6). This provides a basket having a compact storage condition, thus minimizing the necessary storage area, as well as a storage area having wall structure for preventing loss of objects. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the basket assembly of Guo with a collapsing basket structure having a floor, front wall, and rear wall of the type taught by Zhu, thus minimizing the storage space necessary for the basket when not in use, and providing a basket assembly with walls for preventing loss of stored objects therein.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wu teaches a brake assembly with a slot and stop member.
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on April 16, 2026 prompted the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiries concerning this communication or earlier communications from the
examiner should be directed to Thomas Williams whose telephone number is 571-272-7128.
The examiner can normally be reached on Tuesday-Friday from 6:00 AM to 4:00 PM.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's
supervisor, Robert Siconolfi, can be reached at 571-272-7124. The fax phone number for the
organization where this application or proceeding is assigned is 571-273-8300.
Any inquiry of a general nature or relating to the status of this application or proceeding
should be directed to the receptionist whose telephone number is 571-272-6584.
TJW /THOMAS J WILLIAMS/ Primary Examiner, Art Unit 3616 July 30, 2026
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