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 Objections
The claims are objected to for using the incorrect spelling of the word caster. Please amend the claims and use the American-English spelling. Examiner suggests amending “castor” to instead recite “caster”. Appropriate correction is required.
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 1-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fontana (US 4,349,938 A).
Regarding claim 1, Fontana discloses a castor (swivel caster 10), comprising: a castor body (horn 11) for coupling the castor to an apparatus; at least one wheel (caster wheel 14) coupled to the castor body (horn 11 with swivel plate 52; Fig. 1), wherein said wheel is operable to rotate about a wheel axis (around axle 12); wherein the castor body is configured to swivel about a swivel axis (around kingpin 40) that is substantially perpendicular to the wheel axis such as to rotate the orientation of the wheel with respect to the swivel axis (Figs. 1-3); and a locking means (plunger 75) which is configured to adopt at least a first state and a second state, wherein in said first state (Fig. 3) the locking means allows for a swivelling motion of the castor body about the swivel axis (around kingpin 40) and in said second state (Fig. 6) the locking means inhibits the swivelling motion of the castor body about the swivel axis, whereby the orientation of the castor wheel is locked relative to the swivel axis (around king[in 40; Col. 4, Lns. 26-32).
Regarding claim 2, Fontana discloses the castor of claim 1. Fontana further discloses wherein the castor body comprises an upper part (swivel plate 52) and a lower part (horn 11), wherein the wheel (caster wheel 14) is coupled to the lower part which is configured to swivel about the swivel axis relative to the upper part (Claim 1).
Regarding claim 3, Fontana discloses the castor of claim 2. Fontana further discloses wherein the locking means in said second state is configured to couple the upper part (swivel plate 52) and the lower part (horn 11) of the castor body together to prevent swiveling movement of the lower part relative to the upper part (Col. 3, Lns. 47-55).
Regarding claim 4, Fontana discloses the castor of claim 3. Fontana further discloses wherein the locking means comprises co-operable male and female members which are configured to releasably couple together such as to couple the upper part (swivel plate 52) and the lower part (horn 11) of the castor body together (Col. 3, Lns. 47-55)
.
Regarding claim 5, Fontana discloses the castor of claim 4. Fontana further discloses wherein the locking means comprises at least one pin and at least one aperture within which at least part of said pin is receivable such as to couple the upper part (swivel plate 52) and the lower part together (Col. 3, Lns. 18-55).
Regarding claim 6, Fontana discloses the castor of claim 5. Fontana further discloses wherein the pin comprises a resiliently biased pin (Col. 3, Lns. 47-55).
Regarding claim 7, Fontana discloses the castor of claim 5. Fontana further discloses wherein said pin (kingpin 40) is retained entirely within the lower part of the castor body when the locking means adopts said first state (Figs. 1-2 & 6).
Regarding claim 8, Fontana discloses the castor of claim 5. Fontana further discloses wherein said pin (kingpin 40) receiving aperture is located on the upper part of the castor body (Figs. 1 & 2).
Regarding claim 9. Fontana discloses the castor as claimed in of claim 8. Fontana further discloses wherein the upper part (swivel plate 52) comprises a plurality of pin receiving apertures (Fig. 2).
Regarding claim 10, Fontana discloses the castor of claim 9. Fontana further discloses wherein the upper part is substantially circular in shape (swivel plate 52) and wherein the pin receiving apertures (recesses 58, 59, 60, 61) are spaced apart around an edge of the upper part (Fig. 2).
Regarding claim 11, Fontana discloses the castor of claim 10. Fontana further discloses wherein the upper part comprises four pin receiving apertures and wherein the pin receiving apertures (recesses 58, 59, 60, 61) are spaced apart from one another such that they are located at 90-, 180-, 270- and 360-degree positions around the edge of the upper part (Col. 3, Lns. 56-64; Fig. 2).
Regarding claim 12, Fontana discloses the castor of claim 9. Fontana further discloses wherein the upper part (swivel plate 52) comprises a plurality of transitional sections located between the plurality of pin receiving apertures (recesses 58, 59, 60, 61; Fig. 2).
Regarding claim 13, Fontana discloses the castor of claim 12. Fontana further discloses wherein the transitional sections comprise a pin blocking member which is configured to allow the lower part of the castor body to swivel between positions defined by the pin receiving apertures in the upper part of the castor body (swivel plate 52) when the locking means has adopted the second state (kingpin 40 has lateral protrusions; Fig. 2).
Regarding claim 14, Fontana discloses the castor of claim 1. Fontana further discloses comprising an actuation means which is configured to vary the locking means between the first and second states (Col. 3, Ln. 3 through Col. 4, Ln. 62).
Regarding claim 15, Fontana discloses the castor of claim 14. Fontana further discloses wherein the actuation means comprises a switch which is variable between first and second positions corresponding to the first and second states of the locking means respectively (Col. 4, Lns. 7-50).
Regarding claim 16, Fontana discloses the castor of claim 6. Fontana further discloses comprising an actuation means which is configured to vary the locking means between the first and second states, wherein the actuation means comprises a switch (ring 85) which is variable between first and second positions corresponding to the first and second states of the locking means respectively, and wherein the actuation means further comprise a sleeve (tube 71) within which the resiliently biased pin is slidably received at least in part (Col. 4, Lns. 21-32).
Regarding claim 17, Fontana discloses the castor of claim 16. Fontana further discloses wherein the switch and the sleeve are coupled together such that movement of the switch between the first and second positions causes respective movement of the sleeve, wherein the sleeve is open ended at both sides and accommodates the pin therein, at least in part (Col. 4, Lns. 7-50).
Regarding claim 18, Fontana discloses the castor of claim 17. Fontana further discloses wherein the pin at one end, is shaped and dimensioned for engagement with the pin receiving aperture whilst at an opposing end the pin comprises one or more lateral protrusions which are configured to abut the sleeve such as to restrict the movement of the pin within the sleeve (Col. 3, Ln. 65 through Col. 4, Ln. 25).
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.
Claims 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Fontana in view of Bailey (US 2020/0397643 A1).
Regarding claims 19 and 20, Fontana differs from the invention as claimed because Fontana does not disclose a walker with castors and a frame.
Bailey, however, teaches a walker with a plurality of castors (see walker 10 with casters 60 in Fig. 4; Para. 0049) and a frame (frame 14).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was effectively filed to have included a walker with casters and frame as taught by Bailey on the invention of Fontana for the purpose of allowing an elderly person to walk or stand with assistance of the walker.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HILARY LYNN JOHNS whose telephone number is (313)446-4852. The examiner can normally be reached 9:00-5:30.
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/HILARY L JOHNS/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
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