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
Claim 10 is objected to because of the following informalities: “couple” (line 2) should be –coupled--. 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 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Vanderberg et al. (US 7458591 B2).
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Re claim 1, US ‘591 discloses a wheel assembly (Fig. 1A), comprising: a first elongate member (78) and a second elongate member (78), wherein a first end of each of the first and second elongate members is configured to couple to a first side handle (80) of an insulated container (14); and an axle assembly (12) comprising: an axle housing (20) coupled to a second end of each the first and second elongate members; an axle (Fig. 7) extending through the axle housing; a first wheel (22) coupled to a first end of the axle and a second wheel (22) coupled to a second end of the axle; and a bracket comprising a first container support (38) configured to releasably couple to a first sidewall of the insulated container and a second container support (24) configured to releasably couple to a bottom wall of the insulated container.
Re claim 2, US ‘591 discloses the wheel assembly of claim 1, wherein the first container support comprises a first set of openings (100) and the second container support comprises a second set of openings (42).
Re claim 3, US ‘591 discloses the wheel assembly of claim 1, wherein the first set of openings are positioned along a top edge of the first container support (Fig. 4).
Re claim 4, US ‘591 discloses the wheel assembly of claim 1 further comprising a handle assembly (28, 34) configured to releasably couple to a second side handle (18) of the insulated container.
Re claim 5, US ‘591 discloses the wheel assembly of claim 4, wherein the handle assembly comprises a mounting body (46), a third elongate member (72), a fourth elongate member (72), and a gripping member (74).
Re claim 6, US ‘591 discloses the wheel assembly of claim 5, wherein a first end of each of the third and fourth elongate members is coupled to the mounting body, and wherein the mounting body is configured to releasably couple to the second side handle of the insulated container (see Fig. 1B).
Re claim 7, US ‘591 discloses the wheel assembly of claim 5, wherein a second end of each the third and fourth elongate members is coupled to the gripping member (see Fig. 1A, 1B, and 4).
Re claim 8, US ‘591 discloses the wheel assembly of claim 3, wherein each of the third and fourth elongate members is configured to rotate between about 5 degrees and about 120 degrees relative to the mounting body (see Fig. 1A and Fig. 4; Par. 35).
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.
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.
Claims 9-15 are rejected under 35 U.S.C. 103 as being unpatentable over Vanderberg et al. (US 7458591 B2) in view of Martin (US 9199657 B2).
Re claim 9, US ‘591 discloses a portable storage system (Fig. 1A), comprising: an insulated container (14) comprising: a sidewall (64), a bottom wall (60) comprising an outer surface; and a first side handle (80) extending from/beyond an upper portion of the sidewall; and a wheel assembly (12) releasably coupled to the insulated container, the wheel assembly comprising: an axle housing (20) configured to releasably couple the container; first and second elongate members (78) that each extend from the axle housing and releasably couple to the first side handle; and at least one wheel (22) coupled to an axle extending through the axle housing.
While US ‘591 discloses arcuate walls, it does not teach a first pair of sidewalls and a second pair of sidewalls, wherein an outer surface of a first sidewall of the first pair of sidewalls comprises a first depression at a bottom end of the first sidewall; a bottom wall comprising an outer surface with a second depression, wherein the second depression is connected to the first depression.
US ‘657 teaches a portable storage system (Fig. 11), comprising: an insulated container (21) comprising: a first pair of sidewalls and a second pair of sidewalls, wherein an outer surface of a first sidewall of the first pair of sidewalls comprises a first depression at a bottom end of the first sidewall; a bottom wall comprising an outer surface with a second depression, wherein the second depression is connected to the first depression (Fig. 3 – see annotated figure) ; and a first side handle (see annotated figure) extending from an upper portion of the first sidewall; and a wheel assembly releasably coupled to the insulated container, the wheel assembly (20) comprising: an axle housing (41) configured to releasably couple to the first and second depressions; an elongate member (54a) that extends from the axle housing and releasably couple to the first side handle; and at least one wheel (40) coupled to an axle (45) extending through the axle housing (Fig. 8, see bolts).
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Then, it would have been obvious to a person of ordinary skill in the art at the time of filing to modify the device of US ‘591 to include a depression that couples with the axle housing in view of US ‘657 to provide a more secure connection between the container and axle housing and to help guide the engagement to ensure proper alignment.
Re claim 10, US ‘591 discloses the portable storage system of claim 9, further comprising a handle assembly releasably couple to a second side handle of the insulated container.
Re claim 11, US ‘591 discloses the portable storage system of claim 10, wherein the handle assembly comprises a mounting body, a third elongate member, a fourth elongate member, and a gripping member.
Re claim 12, US ‘591 discloses the portable storage system of claim 11, wherein a first end of each the third and fourth elongate members is coupled to the mounting body, and wherein the mounting body is releasably coupled to the second side handle of the insulated container.
Re claim 13, US ‘591 discloses the portable storage system of claim 11, wherein a second end of each the third and fourth elongate members is coupled to the gripping member.
Re claim 14, US ‘591 discloses the portable storage system of claim 11, wherein each of the third and fourth elongate members is configured to rotate between about 5 degrees and about 120 degrees relative to the mounting body.
Re claim 15, US ‘591 discloses the portable storage system of claim 9, wherein the at least one wheel comprises a first wheel coupled to a first end of the axle and a second wheel coupled to a second end of the axle.
Re claim 16, US ‘591 in view of US ‘657 as combined above discloses the portable storage system of claim 9, wherein the axle housing comprises a bracket (43) having a first container support releasably coupled to the first depression and a second container support (42) releasably coupled to the second depression.
Re claim 16, US ‘591 in view of US ‘657 as combined above discloses a portable storage system, comprising: a container comprising: a first pair of sidewalls and a second pair of sidewalls, wherein an outer surface of a first sidewall of the first pair of sidewalls comprises a first depression at a bottom end of the first sidewall; a bottom wall comprising an outer surface with a second depression; and a first side handle extending from an upper portion of the first sidewall; and a wheel assembly releasably coupled to the insulated container, the wheel assembly comprising: an axle housing comprising a bracket having a first container support releasably coupled to the first depression and a second container support releasably coupled the second depression, wherein the first container support comprises a first set of openings and the second container supports comprises a second set of openings; at least one elongate member coupled to the first side handle; and at least one wheel coupled to an axle extending through the axle housing.
Re claim 18, US ‘591 discloses the portable storage system of claim 17, wherein the plurality of openings of the first container support are positioned along an upper portion of the first container support.
Re claim 19, US ‘591 discloses the portable storage system of claim 17, wherein the first container support is perpendicular to the second container support.
Re claim 20, US ‘591 discloses the portable storage system of claim 17, further comprising a first set of fasteners (99 – left side of the system) extending through the first set of openings and a second set of fasteners (99 – right side of the system) extending through the second set of openings.
Re claim 21, US ‘591 discloses the portable storage system of claim 20, wherein the first and second sets of fasteners are parallel to each other.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Katz (‘653), Vanderberg (‘395), Cohen et al. (‘030), Hoppe et al. (‘349), and Fischer et al. (‘279) disclose other portable storage systems comprising axle housings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAUL J RODRIGUEZ whose telephone number is (571)272-7097. The examiner can normally be reached M-F 6:30-3:00.
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SAUL J. RODRIGUEZ
Supervisory Patent Examiner
Art Unit 3652
/SAUL RODRIGUEZ/Supervisory Patent Examiner, Art Unit 3652