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
Claim 7 is objected to because of “the two vertical pipes” in lines 11-12 which is understood as equivalent to “the two second vertical pipes”(given it’s cited in the paragraph exclusively discussing the “second vertical pipes”). 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)(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.
Claims 1-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fitzwater et. al, hereinafter Fitzwater – US Pub. 2017/0015340 A1.
Regarding Claim 1, Fitzwater teaches a foldable trolley, comprising:
a foldable frame (10, Fig. 1);
a first support rod (first of “linkages” 100);
a second support rod (106) hingedly connected (depicted in Fig. 1 through “pivot connection” 118) with the first support rod (100);
a first rotating wheel (56); and
a second rotating wheel (54);
wherein the foldable frame (10) comprises a front side frame (“first end assembly” 16), a rear side frame (“second end assembly” 18) a first foldable bottom frame (“first floor assembly” 20) and a second foldable bottom frame (“second floor assembly” 22); the first foldable bottom frame is hingedly connected with the second foldable bottom frame (via “center brace” 90, Fig. 1); the front side frame is arranged at an end of the first foldable bottom frame away from the second foldable bottom frame (connection and disposition between 16 and 20 depicted in Fig. 1); the rear side frame is arranged at an end of the second foldable bottom frame away from the first foldable bottom frame (connection and disposition between 18 and 22 depicted in Fig. 1); the first foldable bottom frame is hingedly connected with the front side frame (via joint in “outer housing” 103 to the upper right of Fig. 1), and the second foldable bottom frame is hingedly connected with the rear side frame (via joint in 103 to the lower left of Fig. 1); and the first foldable bottom frame and the second foldable bottom frame are able to be unfolded ([0042] – “…the center brace 90 is pivotally connected to the first floor assembly 20 and the second floor assembly…”);
an end of the first support rod away from the second support rod is rotatably connected with the front side frame (100 is connected to 16 via 103 to the upper right of Fig. 1), an end of the second support rod way from the first support rod is rotatably connected with the rear side frame (106 is connected to 18 via opposite instance of 103, Fig. 1), the first support rod and the second support rod are located beneath the first foldable bottom frame and the second foldable bottom frame (100 and 106 are disposed beneath 20 and 22, respectively, Fig. 1), and the first support rod and the second support rod are configured to support the first foldable bottom frame and the second foldable bottom frame (90 rests upon 118, which is the connection between 100 and 106, Fig. 1);
the first rotating wheel is rotatably arranged at a bottom of the front side frame (50 connected to 16 via “wheel support” 54); and
the second rotating wheel is rotatably arranged at a bottom of the rear side frame (64 connected to 18 via “rear wheel supports” 60).
Regarding Claim 2, Fitzwater further teaches an axis of a hinged connection (118) between the first support rod (100) and the second support rod (106) is perpendicular to the first foldable bottom frame (20) in an unfolded configuration (disposition of center axis of 118 relative to plane of 20 depicted in Fig. 1).
Regarding Claim 3, Fitzwater further teaches an end of the first support rod (100) away from the second support rod (106) is provided with a first sleeve (sleeve structure of 103, Fig. 1); the first sleeve is rotatable sleeved on the front side frame (axis of sleeve 103 is coincident with axis of “vertical member” 30 of front frame 16, Fig. 1); the end of the second support rod away from the first support rod is provided with a second sleeve (sleeve structure of opposite instance of 103); and the second sleeve is rotatably sleeved on the rear side frame (axis of opposite sleeve 103 is coincident with axis of “second vertical member” 40 of the rear frame 18).
Regarding Claim 4, in an equivalent and alternative embodiment, Fitzwater further teaches a top of the first support rod is provided with a first bearing block (“receiving block” 170, upper right side of Fig. 12), and a top of the second support rod is provided with a second bearing block (170, lower left side of Fig. 7), and the first bearing block and the second bearing block are configured for bearing the first foldable frame and the second foldable bottom frame (unlabeled frame member abuts on top of both instances of 170).
Regarding Claim 5, in another equivalent and alternative embodiment, Fitzwater further teaches two first convex pieces (“receiver” 172, Fig. 11) are arranged spaced apart on a top of the first bearing block (first instance of 170 and 172, upper right side of Fig. 12); the first foldable bottom frame is provided with a first locating rod (“brace” 168, upper right side of Fig. 12); and the first locating rod is configured to be clamped between the first two convex pieces when the first foldable bottom frame is unfolded with respect to the second foldable bottom frame (configuration depicted in Fig. 12); and/or
two second convex pieces (second instance of 172, lower left side of Fig. 12) are arranged spaced apart on a top of the second bearing block (second instance of 170, Fig. 12); the second foldable bottom frame is provided with a second locating rod (second instance of 168, Fig 12); and the second locating rod is configured to be clamped between the two second convex pieces when the first foldable bottom frame is unfolded with respect to the second foldable bottom frame (configuration depicted in Fig. 12). Regarding the alternative conjunction “and/or” in this claim, note that the prior art is only required to disclose at least one of the pairs of convex pieces (first or second) in order to be anticipatory. Fitzwater happens to disclose both, as discussed above.
Regarding Claim 6, Fitzwater further teaches the front side frame (16) comprising a front upper frame (“front upper cross support” 36, Fig. 1) and a front lower frame (assembly of 30, 32, 34, Fig. 1) detachably connected to the front upper frame (sleeve structure and unlabeled fasteners depicted in Fig. 1), the first support rod (100) is rotatably connected with the front lower frame (via first instance of 103 sleeved to 30, Fig. 1); and
the rear side frame (18) comprises a rear upper side frame (46, Fig. 6) and a rear lower frame (assembly of 40, 42, 44, Fig. 6) detachably connected to the rear upper frame (sleeve structure depicted in Fig. 6), and the second support rod (106) is rotatably connected with the rear lower frame (via second instance of 103 sleeved to 40, Fig. 1)
Regarding Claim 7, Fitzwater further teaches the front upper frame comprising a first top rod (horizontal component of 36, Fig. 1) and two first vertical rods (both vertical sleeves of 36); the two first vertical rods are arranged spaced apart beneath the first top rod (bottom of sleeves are beneath the entirety of horizontal component of 36, Fig. 1); the front lower frame comprises a first bottom rod (34) and two first vertical pipes (30 and 32); the two first vertical pipes are arranged spaced apart above the first bottom rod (configuration depicted in Fig. 1); the two first vertical rods are configured to be detachably inserted into the two first vertical pipes, respectively, so as to achieve detachable connection between the front upper frame and the front lower frame (insertion of components depicted in Fig. 1); and the first support rod (100) is rotatably connected to the first two vertical pipes (via 103, Fig. 1); and
the rear upper frame comprises a second top rod (horizontal component of 46, Fig. 6) and two second vertical rods (both vertical sleeves of 46); the two second vertical rods are arranged spaced apart beneath the second top rod (bottom of sleeves are beneath the entirety of horizontal component of 46, Fig. 6); the rear lower frame comprises a second bottom rod (44) and two second vertical pipes (40 and 42); the two vertical pipes are arranged spaced apart above the second bottom rod (configuration depicted in Fig. 6); the two second vertical rods are configured to be detachably inserted into the two second vertical pipes, respectively, so as to achieve detachable connection between the rear upper frame and the rear lower frame (insertion of components depicted in Fig. 6); and the second support rod (106) is rotatably connected to the two second vertical pipes (via 103, Fig. 1).
Regarding Claim 8, Fitzwater further teaches a handle assembly (38), and the handle assembly is rotatably connected with the front side frame (at unlabeled hinge at proximal end of 38 attached to 34, Fig. 1) or the rear side frame.
Regarding Claim 9, Fitzwater further teaches the handle assembly being configured to be telescopic along its own axis ([0055] – “…the handle 38 may have telescoping capabilities…”).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Fitzwater in view of Chen et. al, hereinafter Chen – US Pub. 2015/0158516 A1.
Regarding Claim 10, Fitzwater teaches the foldable trolley according to Claim 9, with the handle being rotatably connected to the front side frame, but does not teach the separate components of handle assembly facilitating its telescopic capability.
In the same field of endeavor of hand-operated wagon-style carts, Chen teaches a handle assembly comprising a handle (31, Fig. 2), a first rod component (32) and a second rod component (33); the first rod component and the second rod component are sleevedly (this term is understood to imply a connection involving a sleeve, depicted in Fig. 2 between elements 32 and 33) connected (depicted in Fig. 2); the handle is arranged on the first rod component (location of 31 on distal end of 32, Fig. 2), and the first rod component is configured to move along its own axial direction to change a length of the first rod component sleeved in the second rod component ([0027] – “…the third sliding tube 34 is adapted to fully dispose in both the first and second support tubes 36, 35 by downward sliding.”)
It would have been obvious to one ordinarily skilled in the art before the effective filing date of the claimed invention to combine the cart and hinged handle connection of Fitzwater with the telescoping handle assembly of Chen, yielding predictable results. One ordinarily skilled in the art would appreciate the common design of coaxial telescoping rods for the handle to reduce manufacturing costs and enable quick manual operation of the telescoping action.
Conclusion
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/Mitchell James Price/Examiner, Art Unit 3611 /VALENTIN NEACSU/Supervisory Patent Examiner, Art Unit 3611