DETAILED CORRESPONDENCE
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 .
Election/Restrictions
Claims 19-28 and 30 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 5/7/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted as of 6/4/2026 have been considered.
The NPL cite on the IDS of 12/29/2025 cannot be considered because it is not in the English language, nor contains an English abstract or other statement of relevance. While the document constitutes a statement of relevance for the foreign art cited, it cannot be considered for the other information literally contained therein.
The NPL cites on the IDS of 1/17/2025 cannot be considered because they are not in the English language, nor contain an English abstract or other statement of relevance. While the documents constitute a statement of relevance for the foreign art cited, they cannot be considered for the other information literally contained therein.
Foreign cite 2 on the IDS of 7/23/2024 has not been considered because no full copy of the document has been provided, as is required by 37 CFR 1.98(a)(2).
NPL cite 1 on the IDS of 12/7/2023 cannot be considered because it is not in the English language, nor contains an English abstract or other statement of relevance. While the document constitutes a statement of relevance for the foreign art cited, it cannot be considered for the other information literally contained therein.
Drawings
Figures 14-19 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The abstract of the disclosure is objected to because it contains implied phrases, e.g. “The present disclosure provides”. Correction is required. See MPEP § 608.01(b).
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.
Claims 1, 10-11, 16-18 and 29 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yuan (WO 2022/162119 A).
Regarding claim 1, Yuan discloses (fig. 11) A drive member (12’) for a brake mechanism of a cart (abstract at least), the drive member being arranged in the brake mechanism to be movable between a locking position and an unlocking position, such that the brake mechanism locks or unlocks a wheel (101) of the cart (as shown and described),
wherein the drive member has a guiding side face (face shown), and the guiding side face is provided with a guiding slot (121’-126’) including a stop slot (123’);
wherein the brake mechanism is also provided with a braking member (13’), a stop end (end disposed in guiding slot) of the braking member is arranged to move in the guiding slot (as shown), and by moving the drive member to the locking position toward the locking direction, the stop end moves in the guiding slot to the stop slot along a first direction and stays at the stop slot (moving from 124’ to 123’ through the guiding slot); and
wherein the drive member is provided with an anti-damage device (central structure within 121’-126’), and the anti-damage device is arranged such that when a user tends to move the drive member in an incorrect direction, the anti-damage device is able to elastically obstruct or prevent the stop end from moving away from the stop slot in the first direction1.
Regarding claim 10, Yuan discloses (fig. 11) the guiding slot comprises a first guiding slot (122’), a second guiding slot (121’), and an unlocking slot (124’), the first guiding slot and the second guiding slot communicate at one end through the stop slot (as shown), and communicate at the other end through the unlocking slot (as shown), and if the drive member is in the unlocking position, the stop end is located in the unlocking slot (as shown), and
movement of the drive member between the locking position and the unlocking position is rotation (pgh. 0066 at least, “When the first driver 12' rotates”), and the drive member is provided with an operating member (fig. 10, 128’) for driving it to rotate.
Regarding claim 11, Yuan discloses (fig. 11) the anti-damage device comprises the operating member pivotably connected to the drive member (fig. 10 as shown, 128’ connected to 12’), and
the operating member is arranged to bring the drive member to move when being depressed, and not to bring the drive member to move when being lifted (see abstract at least).
Regarding claim 16, Yuan discloses (fig. 11) A brake mechanism for a cart (see abstract at least), comprising the drive member according to claim 1;
wherein the brake mechanism comprises a fixed seat (103) arranged at the wheel or a frame of the cart, and the drive member is rotatably arranged on the fixed seat (as shown);
wherein a fixed end of the braking member is fixed to the fixed seat (at 1031).
Regarding claim 17, Yuan discloses (fig. 11) the brake mechanism comprises an axle pin (fig. 9 at least, 11’) capable of moving axially toward an insertion direction or a withdrawal direction (left and right in fig. 9 at least), the axle pin has a contact end (left side) and an insertion end (right side), the drive member has a driving ramp (127’) contacting with the contact end, and by rotating the drive member, the driving ramp is able to push the axle pin to move axially toward the insertion direction such that the insertion end is inserted into the wheel (see pgh. 0068 at least.).
Regarding claim 18, Yuan discloses (fig. 11) the driving ramp is arranged to extend along a circumferential direction of the drive member (fig. 12 as shown), and has a locking end and an unlocking end opposite to the locking end, wherein the locking end protrudes toward the insertion direction, and the unlocking end is recessed toward the withdrawal direction (as shown in fig. 12); or
wherein the brake mechanism further comprises an elastic member (14’), and the elastic member is arranged to drive the axle pin to move axially toward the withdrawal direction such that the insertion end is withdrawn from the wheel (see pgh. 0068 at least).
Regarding claim 29, Yuan discloses (fig. 11) A cart, with the brake mechanism according to claim 16 mounted thereon (see abstract at least), and the brake mechanism being able to lock or unlock the wheel of the cart (see abstract at least).
Allowable Subject Matter
Claims 2-9 and 12-15 would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims, and if rewritten to overcome any 112(b) rejections, as appropriate.
Reasons for allowance, if applicable, will be the subject of a separate communication to the Applicant or patent owner, pursuant to 37 CFR § 1.104 and MPEP § 1302.14.
Prior Art
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure. The documents listed on the PTO-892 disclose various brake mechanisms for carts.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID MORRIS whose telephone number is (571)270-3595. The examiner can normally be reached Monday thru Friday; 8:30 AM - 5:00 PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Robert Siconolfi can be reached at (571) 272-7124. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID MORRIS/
Primary Examiner
Art Unit 3616
/DAVID R MORRIS/Primary Examiner, Art Unit 3616
1 As shown, the central structure physically prevents the stop end from moving away. Further, since all elements and materials inherently have a modulus of elasticity, the central structure can also be said to “elastically obstruct” the stop end.
Prosecution Insights