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 § 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.
Claim(s) 1- 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zehfuss (‘855). The reference to Zehfuss teaches structure substantially as claimed including a carrier (10 comprising a chassis (120, 124) having a longitudinal axis, a handle (14) and a multi-purpose support (see fig 9 annotated below), the multi-purpose support comprising a first tube, a second tube, a crossbar, a rotational mount, a stationary support, and a movable support; the stationary support being a U-shaped structure having a first arm with a terminus, a second arm with a terminus, and a crossbar; the movable support being a U-shaped structure having a first arm with a terminus, a second arm with a terminus, a longitudinal axis, and a crossbar; each terminus of the movable support being connected to the rotational mount such that the movable support is capable of pivoting about the rotational mount, the movable support may be fixed in one or two positions, the crossbar of the movable support deflects from the longitudinal axis of the movable support (all material have a modulus of elasticity), in “which upward when the movable support Is in the second position and downward when the movable support is in the first position”. The rotational structures of Zehfuss provide the ability of rotation through an amount of at least 180 degrees by the orientation and structures shown in at least fig 1. To provide a specific amount would have been a matter of design parameters and choice which would have been obvious and well within the level of ordinary skill in the art and a reasonably predictable result. With respect to the amendments to the claims, it is noted that the structures of Zehfuss (at least at 14, 14, 103, 104, 110, 110A, multi purpose support (annotated), movable support (annotated) provide all structure as claimed including U-shaped and bend structures angled upwards and proximation (near) to the handle.
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Response to Arguments
Applicant's arguments filed 15 SEP 2025 have been fully considered but they are not persuasive. See remarks above in the rejections.
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 JOSE V CHEN whose telephone number is (571)272-6865. The examiner can normally be reached m-f, m-w 5:30-3:00, th5:30-2:00.
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/JOSE V CHEN/ Primary Examiner, Art Unit 3637