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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 11-12 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 11 recites the limitation "the release plate" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 11 depends upon claim 7 which does not recite the limitation of “a release plate”. For examination purposes, the examiner is interpreting “the release plate” as “a release plate”.
Claim 12 recites the limitation "the release plate" in line 1. There is insufficient antecedent basis for this limitation in the claim. Claim 12 depends upon claim 7 which does not recite the limitation of “a release plate”. For examination purposes, the examiner is interpreting “the release plate” as “a release plate”.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 8 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 8 is directed toward a drive wheel assembly which is already claimed in claim 7, which claim 8 depends upon and claim 8 does not further limit the subject matter. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10 is directed toward the synchronization device comprising the drive wheel assembly which is already claimed in claim 7, which claim 10 depends upon and claim 10 does not further limit the subject matter. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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, 5-6, and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 20230105076 A).
Regarding claims 1 and 13, Kim discloses a dolly apparatus (cart 200, fig.4) for use on an assembly line, the dolly apparatus comprising: a frame (210, fig.4); and a synchronization device (stoppers 100, figs.1-4) mounted to the frame, the synchronization device comprising: a body (upper plate 110, figs.1-4) that mounts to the frame; a synchronization leg (a second pillar part 121 moves up and down inside first pillar part 120, pressure column part 150, figs.1-4) configured to move up and down relative to the body, the synchronization leg comprising a foot (contact part 170, figs.1-4) configured to seat against a conveyor with the synchronization leg is a lowered position (contact part 170 engages the surface below the cart 200 when lowered, figs.1-4); a pedal (foot brake 130, figs.1-4) operatively linked to the synchronization leg such that downward movement of the pedal toward an actuated position moves the synchronization leg from a raised position to the lowered position (foot brake 130 actuates the leg from the raised to the lowered position, figs.1-4); and a release plate (release part 140, figs.1-4) that is operatively linked to the pedal such that movement of the release plate from a locked position to a release position causes the pedal to move from the actuated position toward an initial position to raise the synchronization leg toward the raised position (release part 140 is linked to the foot brake 130 and causes the stoppers to unlock and raise the leg, figs.1-4).
Regarding claim 5, Kim discloses wherein the release plate comprises a mount portion (bolts 181, 182, and coupling device 180 mount the release plate 140 to the body 110, figs.1-4) that is mounted to the body and a kick portion (upper surface of the release plate 140, fiog.1-2) that is attached to the mount portion by a hinge (release plate 140 pivots above the bolts 181, 182 and coupling device 180 forming a hinge, figs.2).
Regarding claim 6, Kim discloses wherein the release plate is operatively connected to the pedal by a linkage arm (coupling device 180, figs.1-4).
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) 2-4, 7-12, and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20230105076 A) in view of Popall (DE 102015210613 B3).
Regarding claim 2 and 14, Kim fails to disclose further comprising a drive wheel assembly comprising a drive wheel that is biased and configured to rotate automatically such that the dolly apparatus moves with the synchronization leg in the raised position.
However, Popall discloses a drive wheel assembly (drive wheel as seen in figs.3-4) comprising a drive wheel (wheel 20, figs.3-4) that is biased and configured to rotate automatically (wheel 20 can rotate about axis 70 and is biased by the springs 80, figs.3-4).
Kim and Popall 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 Kim with the drive wheel assembly of Popall with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of overcoming obstacles more easily when maneuvering the cart.
Regarding claim 3 and 15, Kim in combination with Popall, Popall discloses wherein the drive wheel is spring-biased to rotate automatically (springs 80, figs.3-4).
Regarding claim 4, Kim in combination with Popall discloses wherein the synchronization device (Kim, stopper 100, figs.1-4) comprises the drive wheel assembly (Popall, drive wheel as seen in figs.3-4).
Regarding claim 7, Kim discloses a dolly apparatus (cart 200, fig.4) for use on an assembly line, the dolly apparatus comprising: a frame (210, fig.4); and a synchronization device (stoppers 100, figs.1-4) mounted to the frame, the synchronization device comprising: a body (upper plate 110, figs.1-4) that mounts to the frame; a synchronization leg (a second pillar part 121 moves up and down inside first pillar part 120, pressure column part 150, figs.1-4) configured to move up and down relative to the body, the synchronization leg comprising a foot (contact part 170, figs.1-4) configured to seat against a conveyor with the synchronization leg is a lowered position (contact part 170 engages the surface below the cart 200 when lowered, figs.1-4); a pedal (foot brake 130, figs.1-4) operatively linked to the synchronization leg such that downward movement of the pedal toward an actuated position moves the synchronization leg from a raised position to the lowered position (foot brake 130 actuates the leg from the raised to the lowered position, figs.1-4); and a release plate (release part 140, figs.1-4) that is operatively linked to the pedal such that movement of the release plate from a locked position to a release position causes the pedal to move from the actuated position toward an initial position to raise the synchronization leg toward the raised position (release part 140 is linked to the foot brake 130 and causes the stoppers to unlock and raise the leg, figs.1-4). Kim fails to disclose the drive wheel assembly with drive wheel being biased and configured to rotate.
However, Popall discloses a drive wheel assembly (drive wheel as seen in figs.3-4) comprising a drive wheel (wheel 20, figs.3-4) that is biased and configured to rotate automatically (wheel 20 can rotate about axis 70 and is biased by the springs 80, figs.3-4).
Kim and Popall 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 Kim with the drive wheel assembly of Popall with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of overcoming obstacles more easily when maneuvering the cart.
Regarding claim 8 as best understood based on the 35 U.S.C 112(d) issue above, Kim in combination with Popall, Popall discloses a drive wheel assembly (drive wheel as seen in figs.3-4) comprising a drive wheel (wheel 20, figs.3-4) that is biased and configured to rotate automatically (wheel 20 can rotate about axis 70 and is biased by the springs 80, figs.3-4).
Regarding claim 9, Kim in combination with Popall, Popall discloses wherein the drive wheel is spring-biased to rotate automatically (springs 80, figs.3-4).
Regarding claim 10 as best understood based on the 35 U.S.C 112(d) issue above, Kim in combination with Popall discloses wherein the synchronization device (Kim, stopper 100, figs.1-4) comprises the drive wheel assembly (Popall, drive wheel as seen in figs.3-4).
Regarding claim 11 as best understood based on the 35 U.S.C 112(b) issue above, Kim in combination with Popall, Kim discloses wherein the release plate (release part 140, figs.1-4) comprises a mount portion (bolts 181, 182, and coupling device 180 mount the release plate 140 to the body 110, figs.1-4) that is mounted to the body and a kick portion (upper surface of the release plate 140, fiog.1-2) that is attached to the mount portion by a hinge (release plate 140 pivots above the bolts 181, 182 and coupling device 180 forming a hinge, figs.2).
Regarding claim 12 as best understood based on the 35 U.S.C 112(b) issue above, Kim in combination with Popall, Kim discloses wherein the release plate (release part 140, figs.1-4) is operatively connected to the pedal by a linkage arm (coupling device 180, figs.1-4).
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