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 Interpretation
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitations use a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
“cargo movement section” in claim 1;
“first direction restriction portion” in claim 1;
“control section” in claim 1;
“cargo pressing portion” in claim 3; and
“detection section” in claim 4.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Iwata et al. (US 2018/0339858 A1), hereafter referred to as Iwata.
Consider claim 1. Iwata teaches a transport cart (1) comprising: a cargo movement section (31) configured to place a cargo thereon and move the cargo in a horizontal first direction and a second direction opposite to the first direction; a first direction restriction portion (16 at right side of fig. 3) provided to be movable between a restriction position and a restriction release position that are in an up-down relationship and configured to restrict the movement of the cargo placed on the cargo movement section in the first direction at the restriction position and allow the movement of the cargo placed on the cargo movement section in the first direction at the restriction release position (see paragraph [0040]); and a control section (81f) configured to execute pre-restriction release processing of controlling the cargo movement section. Iwata’s control section is capable of performing the recited functional language: controlling the cargo movement section so that the cargo moves once in the second direction while maintaining a state where the first direction restriction portion is located at the restriction position before the first direction restriction portion located at the restriction position is moved to the restriction release position. Please see MPEP 2114 regarding functional limitations in apparatus claims.
Consider claim 2. Iwata teaches a wall-shaped second direction restriction portion (16 proximate center of fig. 3) provided at a position at which the second direction restriction portion is capable of coming into contact with a surface on a second direction side of the cargo and configured to restrict the movement of the cargo in the second direction.
Consider claim 3. Iwata teaches a cargo pressing portion (13) provided above the cargo movement section along the first direction or the second direction.
Consider claim 4. Iwata teaches a detection section (see paragraph [0031]) configured to detect a position of the first direction restriction portion. Iwata’s control section is capable of performing the recited functional language: controlling the cargo movement section so that the cargo moves in the first direction after a signal that detected that the first direction restriction portion is located at the restriction release position is input from the detection section when the cargo is moved in the first direction. Please see MPEP 2114 regarding functional limitations in apparatus claims.
Consider claim 5. Iwata teaches that the first direction restriction portion includes a main body (body portion of 16) rotatable about a shaft in an up-down direction (see figs. 6 and 7) and an engaging portion (tine portion of 16) provided at an end part of the main body and configured to restrict the movement of the cargo in the first direction by engaging with the engaged portion when the first direction restriction portion is located at the restriction position, and is movable between the restriction position and the restriction release position by the rotation of the main body about the shaft. Iwata’s engaging portion is capable of engaging with an engaged portion on a bottom surface of the cargo. Please see MPEP 2115 regarding article worked upon by an apparatus.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The attached PTO-892 lists references which teach various loading and unloading mechanisms for transport carts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN D SNELTING whose telephone number is (571)270-7015. The examiner can normally be reached Monday-Friday, 8:00-4:30 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571)272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JONATHAN SNELTING/Primary Examiner, Art Unit 3652