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 Objections
Claims 1, 10-12, and 17-18 are objected to because of the following informalities:
Claim 1, line 2, “pluarily” should say “plurality”
Claim 1, line 4, “recpacles” should say “receptacles”
Claim 1, line 6, “pluarily” should say “plurality”
Claim 1, line 12, “piviting” should say “pivoting”
Claim 1, line 15, “the the lower horizontal frame” should say “the lower horizontal frame”
Claim 10, line 1, “whenerein” should say “wherein”
Claim 11, line 5, “upwad” should say “upward”
Claim 12, line 2, “pluarily” should say “plurality”
Claim 12, line 4, “pluarily” should say “plurality”
Claim 12, line 7, “piviting” should say “pivoting”
Claim 12, line 10, “the the lower horizontal frame” should say “the lower horizontal frame”
Claim 17, line 4, “upwad” should say “upward”
Claim 18, line 2, “pluarily” should say “plurality”
Claim 18, line 4, “pluarily” should say “plurality”
Claim 18, line 7, “piviting” should say “pivoting”
Claim 18, line 10, “the the lower horizontal frame” should say “the lower horizontal frame”
Claim 18, line 18, “upwad” should say “upward”
Appropriate correction is required.
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) 1-3 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mittel (US 11396315 B1) in view of Harlan (US 6131926 A).
Regarding claims 1 and 12, Mittel discloses a multi-purpose pushcart (cart 10, figs.1-9) comprising a lower horizontal frame (base panel 20, fig.1) having side frame members (perimeter frame 27 with sides 25, fig.1) and a plurality of equally spaced cross bars between the side frame members (rods 28, fig.1), wherein the lower horizontal frame includes a pair of receptacles (caster wheel attachments 35, fig.1) for receiving a pair of front wheel assembles (front caster wheels 40, fig.1) and a pair of brackets (caster wheel attachments 35, fig.1) for receiving a pair of back wheels (rear caster wheels 40, fig.1); an upper vertical frame (basket support frame 70, fig.1) having side frame members (support beams 72, fig.1) and modules (baskets 90, fig.1) to be secured (baskets 90 are secured to the beams 72 through mounting hooks 78, fig.1), and wherein the modules are capable of providing a desired function (baskets 90, fig.1); and a pivoting connector (hinge mounts 50 with hinge pins 60, figs.1 and 5-8) to secure a first end of the lower horizontal frame (back end 24, fig.1) and a first end of the upper vertical frame together (end 84, fig.1), wherein the pivoting connector is capable of securing the lower horizontal frame and the upper vertical frame in an open configuration (fig.1) where they are perpendicular to one another or enabling a second end of the upper vertical frame (end 82, figs.1 and 8) to pivot toward a second end of the lower horizontal frame (front end 23, figs.1 and 8) so they are parallel to one another in a closed configuration (fig.8). Mittel fails to disclose the plurality of equally spaced cross bars between the side frames of the vertical frame to secure the modules.
However, Harlan discloses a plurality of equally spaced cross bars (cross-members 22, fig.1) between the side frame members (rails 18 and 20, fig.2), wherein the cross bars of the lower horizontal frame and the upper vertical frame are configured to enable any number of modules to be secured thereto (containers 16 and toe plate 14 secure to the cross-members 22, figs.1-2), wherein the modules are configured to secure to one or more cross bars (containers 16 secure to the cross-members 22, figs.1-2), and wherein the modules are capable of providing a desired function (containers 16, fig.1).
Mittel and Harlan are both considered to be analogous to the claimed invention because they are in the same field of carts. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mittel with the cross-members and brackets to hang modules of Harlan with a reasonable expectation of success because it would have been a simple substitution of one known module hanging system for another obtaining predictable results of providing more support for the hanging module allowing the container/basket to hold more weight.
Regarding claim 2, Mittel in combination with Harlan, Mittel discloses further comprising a pair of front wheel assembles connectable to the pair of receptacles (front caster wheel 40 are connected to the caster wheel attachments 35, fig.1); a pair of rear wheels connectable to the pair of brackets (rear caster wheels are connected to the caster wheel attachments 35, fig.1).
Regarding claim 3, Mittel in combination with Harlan, Harlan discloses further comprising a module connectable to one or more cross bars of the upper vertical frame and extending inward therefrom (container 16 connects to cross-member 22 and extends inward as seen in figure 1).
Claim(s) 4-5 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mittel (US 11396315 B1) in view of Harlan (US 6131926 A), and in further view of Evans (GB 2446789 A).
Regarding claims 4 and 13, Mittel in combination with Harlan discloses wherein the module is configured to extend perpendicular from the upper vertical frame (Mittel, baskets 90 extend perpendicular to support frame 70, fig.3; Harlan, containers 16 extend perpendicular to frame structure 12, fig.2), the module extends perpendicular from the upper vertical frame in the open configuration of the cart so the module can be utilized (Mittel, baskets 90 extend perpendicular to support frame 70, fig.3; Harlan, containers 16 extend perpendicular to frame structure 12, fig.2), but fail to disclose the module
Evans discloses a module (frame 2 holding carrier 5, figs.1-3) that pivots downward (fig.2) to extend parallel to the upper vertical frame (frame 2 pivots about hinge 3 to fold against the back, figs.1-2, page 2, 6th paragraph)
Mittel, Harlan and Evans are both considered to be analogous to the claimed invention because they are in the same field of carts. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the module with the hinge mechanism of Evans with a reasonable expectation of success because it would have combined prior art elements yielding to predictable results of allowing the modules to fold flat for a storage position making the cart more compact and extend when in a use position.
Regarding claims 5 and 14, Mittel in combination with Harlan and Evans discloses wherein the module is a storage basket (Mittel, baskets 90, fig.1; Harlan, containers 16, fig.1; Evans frame 2 holding carrier 5, fig.3).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mittel (US 11396315 B1) in view of Harlan (US 6131926 A), and in further view Evans (US 9826711 B1).
Regarding claim 6, Mittel in combination with Harlan discloses the pushcart of claim 4 and the module being removable, but fails to disclose the module is a pet caddy.
However, Evans discloses wherein the module is a pet caddy (carrier 30, figs.1-10).
Mittel and Evans are both considered to be analogous to the claimed invention because they are in the same field of carts. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mittel with the pet carrier of Evans with a reasonable expectation of success because it would have combined prior art elements yielding to predictable results of allowing different modules be attached to the cart to allow the cart to be used for a variety of purposes, making the cart more versatile.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mittel (US 11396315 B1) in view of Harlan (US 6131926 A), and in further view Choi (US 11472462 B1).
Regarding claim 7, Mittel in combination with Harlan disclose the pushcart of claim 4 and the module being removable, but fails to disclose the module is a chair rack.
However, Choi discloses wherein the module is a chair rack (seat 300, fig.2).
Mittel and Choi are both considered to be analogous to the claimed invention because they are in the same field of carts. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mittel with the seat of Choi with a reasonable expectation of success because it would have combined prior art elements yielding to predictable results of allowing different modules be attached to the cart to allow the cart to be used for a variety of purposes, making the cart more versatile.
Claim(s) 11 and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mittel (US 11396315 B1) in view of Harlan (US 6131926 A), and in further view of Kazushi (JP H0618141 U).
Regarding claims 11 and 17, Mittel in combination with Harlan discloses the multi-purpose pushcart of claims 1 and 12, but fail to disclose a storage bin on the lower frame.
However, Kazushi discloses further comprising a storage bin (bin enclosed by nets 12, figs.1-3) on the lower horizontal frame (base plate 1, figs.1-3), wherein the storage bin includes a pivotal exterior wall (handle 4 with plates 11, figs.1-3) connected to one or more cross bars of the lower horizontal frame (handle 4 is connected to the base plate 1 which is similar to base panel 20 of Mittel, so it would be obvious to one of ordinary skill in the art that the handle 4 would connect to the crossbars which are part of the base panel 20, fig.1 of Mittel, fig.1 of Kazushi) and material secured to the lower horizontal frame, the upper vertical frame and the pivotal exterior wall to form the storage bin (nets 12, figs.1-3), wherein the storage bin is open and accessible when the pivotal exterior wall extends upward from the lower horizontal frame (fig.1) and is collapsed when the pivotal exterior wall is pivoted to be parallel to the lower horizontal frame (fig.3).
Mittel and Kazushi are both considered to be analogous to the claimed invention because they are in the same field of carts. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mittel with the storage bin of Kazushi with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of providing more enclosed storage closer to the ground for heavier items.
Regarding claim 18, Mittel discloses a multi-purpose pushcart (cart 10, figs.1-9) comprising a lower horizontal frame (base panel 20, fig.1) having side frame members (perimeter frame 27 with sides 25, fig.1) and a plurality of equally spaced cross bars between the side frame members (rods 28, fig.1), wherein the lower horizontal frame includes a pair of receptacles (caster wheel attachments 35, fig.1) for receiving a pair of front wheel assembles (front caster wheels 40, fig.1) and a pair of brackets (caster wheel attachments 35, fig.1) for receiving a pair of back wheels (rear caster wheels 40, fig.1); an upper vertical frame (basket support frame 70, fig.1) having side frame members (support beams 72, fig.1) and modules (baskets 90, fig.1) to be secured (baskets 90 are secured to the beams 72 through mounting hooks 78, fig.1), and wherein the modules are capable of providing a desired function (baskets 90, fig.1); and a pivoting connector (hinge mounts 50 with hinge pins 60, figs.1 and 5-8) to secure a first end of the lower horizontal frame (back end 24, fig.1) and a first end of the upper vertical frame together (end 84, fig.1), wherein the pivoting connector is capable of securing the lower horizontal frame and the upper vertical frame in an open configuration (fig.1) where they are perpendicular to one another or enabling a second end of the upper vertical frame (end 82, figs.1 and 8) to pivot toward a second end of the lower horizontal frame (front end 23, figs.1 and 8) so they are parallel to one another in a closed configuration (fig.8). Mittel fails to disclose the plurality of equally spaced cross bars between the side frames of the vertical frame to secure the modules and a storage bin on the lower frame.
However, Harlan discloses a plurality of equally spaced cross bars (cross-members 22, fig.1) between the side frame members (rails 18 and 20, fig.2), wherein the cross bars of the lower horizontal frame and the upper vertical frame are configured to enable any number of modules to be secured thereto (containers 16 and toe plate 14 secure to the cross-members 22, figs.1-2), wherein the modules are configured to secure to one or more cross bars (containers 16 secure to the cross-members 22, figs.1-2), and wherein the modules are capable of providing a desired function (containers 16, fig.1).
However, Kazushi discloses further comprising a storage bin (bin enclosed by nets 12, figs.1-3) on the lower horizontal frame (base plate 1, figs.1-3), wherein the storage bin includes a pivotal exterior wall (handle 4 with plates 11, figs.1-3) connected to one or more cross bars of the lower horizontal frame (handle 4 is connected to the base plate 1 which is similar to base panel 20 of Mittel, so it would be obvious to one of ordinary skill in the art that the handle 4 would connect to the crossbars which are part of the base panel 20, fig.1 of Mittel, fig.1 of Kazushi) and material secured to the lower horizontal frame, the upper vertical frame and the pivotal exterior wall to form the storage bin (nets 12, figs.1-3), wherein the storage bin is open and accessible when the pivotal exterior wall extends upward from the lower horizontal frame (fig.1) and is collapsed when the pivotal exterior wall is pivoted to be parallel to the lower horizontal frame (fig.3).
Mittel and Harlan are both considered to be analogous to the claimed invention because they are in the same field of carts. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mittel with the cross-members and brackets to hang modules of Harlan with a reasonable expectation of success because it would have been a simple substitution of one known module hanging system for another obtaining predictable results of providing more support for the hanging module allowing the container/basket to hold more weight.
Mittel and Kazushi are both considered to be analogous to the claimed invention because they are in the same field of carts. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mittel with the storage bin of Kazushi with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of providing more enclosed storage closer to the ground for heavier items.
Allowable Subject Matter
Claims 8-10, 15-16, and 19-20 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.
Claim 8 depends upon claim 3 which is rejected, but claim 8 has the limitation of “wherein the module includes at least one clamp for securing to adjacent bars”. The teaching reference of Harlan disclose the module (16) attaching/clamping to a singular cross-member (22) not to adjacent bars. Modifying the attaching structure of Harlan to attach to adjacent bars would require serious reconstruction and would be modifying a modifying reference and hindsight. The prior art either alone or in combination fail to disclose or fairly suggest at this time all of the limitations of claim 8. For the reasons above claim 8 has allowable subject matter.
Claims 9-10 depend upon claim 8 giving them the same allowable subject matter as discussed above.
Claim 15 depends upon claim 13 which is rejected, but claim 15 has the limitation of “wherein the module includes at least one clamp for securing to adjacent cross bars and a device secured to the clamp for providing the desired function, wherein the at least one clamp includes a pivoting receptacle to receive the device and enable the device to pivot between extending perpendicular and extending parallel”. The teaching reference of Harlan disclose the module (16) attaching/clamping to a singular cross-member (22) not to adjacent bars. Modifying the attaching structure of Harlan to attach to adjacent bars would require serious reconstruction and would be modifying a modifying reference and hindsight. The prior art either alone or in combination fail to disclose or fairly suggest at this time all of the limitations of claim 15. For the reasons above claim 15 has allowable subject matter.
Claim 16 depends upon claim 15 giving it the same allowable subject matter as discussed above.
Claim 19 depends upon claim 18 which is rejected, but claim 19 has the limitation of “wherein the module includes at least one clamp for securing to adjacent bars and a device secured to the clamp for providing the desired function, wherein the at least one clamp includes a pivoting receptacle to enable the device to pivot between extending perpendicular and extending parallel”. The teaching reference of Harlan disclose the module (16) attaching/clamping to a singular cross-member (22) not to adjacent bars. Modifying the attaching structure of Harlan to attach to adjacent bars would require serious reconstruction and would be modifying a modifying reference and hindsight. The prior art either alone or in combination fail to disclose or fairly suggest at this time all of the limitations of claim 19. For the reasons above claim 19 has allowable subject matter.
Claim 20 depends upon claim 19 giving it the same allowable subject matter as discussed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art not relied upon but considered pertinent to the applicant’s disclosure is included in the 892 form. The art included has features related to claim limitations, the general structural of the invention, teachings, and other analogous art to the invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IAN BRYCE SHELTON whose telephone number is (571)272-6501. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (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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/IAN BRYCE SHELTON/Examiner, Art Unit 3613