DETAILED ACTION
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 § 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.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshikawa et al. JP 2009196437 A in view Mitani et al. US 20190111782 A1 (page/line numbering used for foreign references below corresponds to the machine-translation preceding the original patent, as attached to the present Office Action – note page numbers of the translation are marked as TP-1, TP-2, etc.).
Regarding independent claim 1, Yoshikawa et al. discloses [a cart movement assist device that is attached to a rear end portion side of a cart 1 which is a side where a worker is located,] (Fig. 1 and 7; Page 4, lines 23-24; Page 6, lines 1-4) and that [assists a movement of the cart,] (Fig. 1 and 7; Page 6, lines 1-4) the cart movement assist device comprising:
[an assist tire 18;] (Fig. 1 and 7; Page 6, lines 1-4)
[a movement pedal that is pivotably operated;] (Fig. 1-10; Page 2, lines 21-28; Page 4, lines 25-28) and
[a movement torque transmission mechanism 16 configured to generate an assist force for moving the cart, by transmitting a torque generated by an operation on the movement pedal to the assist tire and rotating the assist tire;] (Fig. 1 and 7; Page 6, lines 1-4)
[wherein the torque generated by the operation of the pedal is applied to the assist tire to rotate the assist tire.] (Fig. 1 and 7; Page 6, lines 1-4)
Yoshikawa et al. does not disclose a backward movement; and a backward movement torque transmission mechanism configured to generate an assist force for moving the cart backward, by transmitting a torque generated by an operation on the backward movement pedal to the assist tire and rotating the assist tire.
Mitani et al. teaches [a backward movement pedal 16;] (Fig. 8; Paragraph 0045) and [a backward movement torque transmission mechanism configured to generate an assist force for moving the cart backward, by transmitting a torque generated by an operation on the backward movement pedal to the assist tire and rotating the assist tire.] (Fig. 8; Paragraph 0078-0079)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to alternatively use the backward movement pedal and movement torque transmission of Mitani et al. with the cart movement assist device of Yoshikawa et al. with a reasonable expectation of success because it would allow for the cart movement assist device to selectively assist movement of the cart in a backward direction in addition to a forward direction, thus improving maneuverability and ease of operation of the cart in confined spaces during directional changes.
Regarding claim 2, Yoshikawa et al., as modified, discloses all of the claimed limitations above, including [wherein the movement torque transmission mechanism 16 increases a rotation amount of the assist tire 18 with respect to a rotation amount of the movement pedal during operation] (Fig. 8 of Yoshikawa et al.; Page 6, lines 34-39 of Yoshikawa et al.) and [accelerates rotation of the assist tire with respect to rotation of the movement pedal by reducing the torque received from the movement pedal and outputting the reduced torque from the assist tire.] (Fig. 8 of Yoshikawa et al.; Page 6, lines 34-39 of Yoshikawa et al.)
Allowable Subject Matter
Claims 3-6 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 3 contains the limitation of a forward movement pedal that is pivotably operated; and a forward movement torque transmission mechanism configured to generate an assist force for moving the cart forward, by transmitting a torque generated by an operation on the forward movement pedal to the assist tire and rotating the assist tire, wherein the backward movement torque transmission mechanism and the forward movement torque transmission mechanism transmit, to the common assist tire, torques for rotating the assist tire in directions opposite to each other. The closest prior art, Yoshikawa et al. JP 2009196437 A, discloses a forward movement torque transmission mechanism configured to generate an assist force for moving the cart forward, by transmitting a torque generated by an operation on the forward movement pedal to the assist tire and rotating the assist tire but does not disclose wherein the backward movement torque transmission mechanism and the forward movement torque transmission mechanism transmit, to the common assist tire, torques for rotating the assist tire in directions opposite to each other.
Response to Arguments
Applicants’ arguments filed 08/10/2026 have been fully considered but they are not persuasive.
Applicant argues that Mitani does not disclose transmitting torque generated by operation of the backward movement pedal to the assist tire because Mitani utilizes a hydrostatic transmission in which engine power ultimately drives the wheels. This argument is not persuasive. The rejection does not rely on Mitani alone for the claimed torque transmission mechanism. Yoshikawa teaches a movement pedal and a movement torque transmission mechanism that transmits torque generated by operation of the pedal to an assist tire to generate an assist force. Mitani is relied upon merely for teaching a backward movement pedal and backward movement operation. It would have been obvious to one of ordinary skill in the art to modify Yoshikawa to provide a backward movement pedal as taught by Mitani so as to permit assisted movement of the cart in a reverse direction while retaining Yoshikawa’s pedal-driven torque transmission mechanism. Therefore, the combination of Yoshikawa and Mitani teaches or suggest the claimed invention.
Conclusion
THIS ACTION IS MADE FINAL. 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 inquiry concerning this communication or earlier communications from the examiner should be directed to Mohamed Medani whose telephone number is (703)756-1917. The examiner can normally be reached Monday - Friday, 11:00 am - 7:30 pm.
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/Mohamed M Medani/Examiner, Art Unit 3611
/JACOB D KNUTSON/Primary Examiner, Art Unit 3611
