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 .
Priority
The foreign priority claim to CN202323413737.X filed on 12/14/2023 is acknowledged.
Allowable Subject Matter
Claim 8 is 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.
Regarding claim 8, Sun teaches the folding cart according to claim 1, as set forth in the anticipation rejection below.
However, Sun does not teach a U-shaped boom, wherein a first end of the U-shaped boom is hinged to the first folding mechanism, a second end of the U-shaped boom is hinged to the second folding mechanism, and the first bottom frame assembly is allowed to abut against the U-shaped boom. Upon additional searching, no prior art reference was found to teach all the limitations of claim 8 or be obviously combinable with another reference to teach all the limitations of claim 8.
Many pieces of prior art came close to teaching the limitations of claim 8, but no prior art reference was found that taught “the first bottom frame assembly is allowed to abut against the U-shaped boom.” The closest identified reference was Sun 2 (CN 215883720 U) which teaches a U-shaped boom below a first bottom frame assembly, but at such a distance that it is not reasonable to say the boom abuts the frame assembly (see figure 4). Most of the similar prior art teach the U-shaped boom as part of the frame assembly, instead of abutting the assembly as claimed (for example see Lin US 20250333089 A1).
Luo (US 20250249945 A1) is the closest art found, which does teach “the first bottom frame assembly is allowed to abut against the U-shaped boom” (see figure 3.) However, it does not have an earlier priority date, and thus is not prior art.
Because no prior art reference or obvious combination of prior art references teach all the limitations of claim 8, it contains allowable subject matter.
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 4-6, and 9-10 is/are rejected under 35 U.S.C. 102 as being unpatentable over Sun (US 20230406384 A1).
Regarding claim 1, Sun teaches a folding cart, comprising a front frame mechanism (1 “front wall” taught by figure 3), a rear frame mechanism (2 “rear wall” taught by figure 3), a bottom frame mechanism (5 “chassis” taught by figure 3), a first folding mechanism, and a second folding mechanism (3 “sidewall” taught by figure 3), wherein
the front frame mechanism and the rear frame mechanism are vertically and oppositely arranged (taught by figure 3), a first horizontal tube and a second horizontal tube are respectively hinged to two ends of the first folding mechanism (12 “U-shaped upper horizontal tube” taught by figure 4), the first horizontal tube is hinged to a first side of the front frame mechanism, and the second horizontal tube is hinged to a first side of the rear frame mechanism; a third horizontal tube and a fourth horizontal tube are respectively hinged to two ends of the second folding mechanism, the third horizontal tube is hinged to a second side of the front frame mechanism, and the fourth horizontal tube is hinged to a second side of the rear frame mechanism (8 “rotary connector” taught by figure 4); and
the bottom frame mechanism comprises a first bottom frame assembly and a second bottom frame assembly (51 “two symmetrical bottom frames” taught by figures 3-6) hinged to each other (52 “U-shaped connecting piece” taught by figures 5, and 6), the first bottom frame assembly is hinged to the front frame mechanism, and the second bottom frame assembly is hinged to the rear frame mechanism (taught by figures 3-5).
Regarding claim 2, Sun teaches the folding cart according to claim 1, as set forth in the anticipation rejection above.
Sun also teaches wherein the front frame mechanism and the rear frame mechanism each comprise a portal frame and a first connecting horizontal tube, and the first connecting horizontal tube is connected to a lower end of the portal frame (taught by figure 3).
Regarding claim 4, Sun teaches the folding cart according to claim 1, as set forth in the anticipation rejection above.
Sun also teaches wherein the first folding mechanism and the second folding mechanism each comprise a first fork lever assembly, a second fork lever assembly, and a third fork lever assembly hinged in sequence (taught by figure 3).
Regarding claim 5, Sun teaches the folding cart according to claim 4, as set forth in the anticipation rejection above.
Sun also teaches wherein the first fork lever assembly comprises a first crossover tube and a second crossover tube hinged to each other, the second fork lever assembly comprises a third crossover tube and a fourth crossover tube hinged to each other, and the third fork lever assembly comprises a fifth crossover tube and a sixth crossover tube hinged to each other (taught by figure 3);
the first crossover tube, the fourth crossover tube, and the fifth crossover tube are hinged in sequence, and the second crossover tube, the third crossover tube, and the sixth crossover tube are hinged in sequence (taught by figure 3);
the first crossover tube and the sixth crossover tube of the first folding mechanism are respectively hinged to the first horizontal tube and the second horizontal tube in one-to-one correspondence, and the first crossover tube and the sixth crossover tube of the second folding mechanism are respectively hinged to the third horizontal tube and the fourth horizontal tube in one-to-one correspondence (taught by figure 3); and
the second crossover tube and the fifth crossover tube of the first folding mechanism are respectively hinged to the first side of the front frame mechanism and the first side of the rear frame mechanism in one-to-one correspondence, and the second crossover tube and the fifth crossover tube of the second folding mechanism are respectively hinged to the second side of the front frame mechanism and the second side of the rear frame mechanism in one-to-one correspondence (taught by figure 3).
Regarding claim 6, Sun teaches the folding cart according to claim 1, as set forth in the anticipation rejection above.
Sun also teaches wherein the first bottom frame assembly and the second bottom frame assembly each comprise a first vertical connection tube, a second vertical connection tube (513 “side rod” taught in figure 6), and a bottom frame (51 “bottom frame” taught by figure 4);
the bottom frame is connected between the first vertical connection tube and the second vertical connection tube, and the first vertical connection tube is parallel to the second vertical connection tube (taught by figure 6);
first ends of the first vertical connection tubes of the first bottom frame assembly and the second bottom frame assembly are hinged to each other (taught by figures 5 and 6), and second ends of the first vertical connection tubes of the first bottom frame assembly and the second bottom frame assembly are respectively hinged to the front frame mechanism and the rear frame mechanism in one-to-one correspondence (taught by figures 4-6); and
first ends of the second vertical connection tubes of the first bottom frame assembly and the second bottom frame assembly are hinged to each other, and second ends of the second vertical connection tubes of the first bottom frame assembly and the second bottom frame assembly are respectively hinged to the front frame mechanism and the rear frame mechanism in one-to-one correspondence (taught by figures 4-6).
Regarding claim 9, Sun teaches the folding cart according to claim 1, as set forth in the anticipation rejection above.
Sun also teaches further comprising a handle mechanism (7 “hand lever” taught in figure 1), wherein the handle mechanism comprises a telescopic rod (72 “telescopic rod” taught in figure 4) and a pull ring (71 “handle” taught in figure 4), a first end of the telescopic rod is hinged to the front frame mechanism, and a second end of the telescopic rod is connected to the pull ring (taught by figure 4 and paragraph 26 “a telescopic rod 72 is disposed at the lower end of the hand lever 7, and a lower end of the telescopic rod is riveted to a U-shaped connector, which is disposed in the middle of the lower horizontal tube 13 and is open forward, such that the whole hand lever 7 can rotate upward and downward with respect to the front wall 1” emphasis added).
Regarding claim 10, Sun teaches the folding cart according to claim 1, as set forth in the anticipation rejection above.
Sun also teaches wherein a bottom of the front frame mechanism and a bottom of the rear frame mechanism are each provided with a pair of rollers (4 “wheels” taught by figure 1).
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 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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 20230406384 A1) in view of Wu (US 20230049293 A1).
Regarding claim 3, Sun teaches the folding cart according to claim 2, as set forth in the anticipation rejection above.
Sun also teaches wherein the portal frame comprises a second connecting horizontal tube, and a first vertical tube and a second vertical tube parallel to each other (taught by figure 3);
a lower end of the first vertical tube and a lower end of the second vertical tube are both connected to the first connecting horizontal tube, and an upper end of the first vertical tube and an upper end of the second vertical tube are both connected to the second connecting horizontal tube through bent tubes (taught by figure 3); and
the first vertical tube and the second vertical tube of the front frame mechanism are both hinged to the first bottom frame assembly, and the first vertical tube and the second vertical tube of the rear frame mechanism are both hinged to the second bottom frame assembly (taught by figure 3-5).
Sun does not teach the first horizontal tube is hinged to the first vertical tube of the front frame mechanism, the second horizontal tube is hinged to the first vertical tube of the rear frame mechanism, the third horizontal tube is hinged to the second vertical tube of the front frame mechanism, and the fourth horizontal tube is hinged to the second vertical tube of the rear frame mechanism.
Wu teaches the first horizontal tube is hinged to the first vertical tube of the front frame mechanism, the second horizontal tube is hinged to the first vertical tube of the rear frame mechanism, the third horizontal tube is hinged to the second vertical tube of the front frame mechanism, and the fourth horizontal tube is hinged to the second vertical tube of the rear frame mechanism (taught by figures 1-2).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the horizontal and vertical tubes of Sun to be hingedly connected as taught by Wu with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make this modification because it allows the folding cart to more compactly fold (see Wu figure 2).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 20230406384 A1) in view of Zhu (US 10435055 B1).
Regarding claim 7, Sun teaches the folding cart according to claim 6, as set forth in the anticipation rejection above.
Sun also teaches wherein the bottom frame comprises a first horizontal connection tube (511 “long horizontal rod” taught by figure 6), a second horizontal connection tube (512 “short horizontal rod” taught by figure 6), and a third vertical connection tube (514 “connecting rod” taught by figure 6);
a first end of the first horizontal connection tube and a first end of the second horizontal connection tube are both connected to the first vertical connection tube, a second end of the first horizontal connection tube and a second end of the second horizontal connection tube are both connected to the second vertical connection tube, the first horizontal connection tube is parallel to the second horizontal connection tube, and the third vertical connection tube is arranged between the first horizontal connection tube and the second horizontal connection tube (taught by figure 6).
However, Sun does not teach a plurality of third vertical connection tubes.
Zhu teaches a plurality of third vertical connection tubes (taught by figures 6B and 6C).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified third vertical connection tube of Sun to be a plurality of third vertical connection tubes as taught by Zhu with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make this modification because a plurality of connection tubes will give the bottom frame more mechanical strength than an individual connection tube.
Conclusion
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/NICHOLAS R. KANDAS/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613