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 .
DETAILED ACTION
Claims 1 – 2 and 5 – 22 have been examined. Claims 3 – 4 have been canceled by Applicant.
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 12 and 13 are 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.
Claims 12 and 13 are currently dependent upon canceled claims 3 and 4. This renders the claims indefinite, as appropriate dependency must be established and the lack of appropriate dependency renders it impossible to ascertain antecedent basis for the recited limitations. Appropriate correction is required.
Allowable Subject Matter
Claims 1 – 2, 5 – 11, and 14 – 22 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: Zhang (12,515,726) discloses a cart similar to the instant invention; however Zhang, either alone or in combination, neither discloses nor suggests a cart wherein (in regard to claim 1) U-shaped parts are arranged at the two ends of the lower horizontal tube, the U-shaped parts have openings facing a center and bottoms fixed on the lower horizontal tube, and ends of the left and right sides of the other end of each of the two side frames stretch into the openings to be riveted and are able to rotate upwards and downwards, (in regard to claim 21) wherein the two X-shaped cross tubes are articulated through cross tube connecting pieces, each of the cross tube connecting pieces comprises a left connecting piece and a right connecting piece which are symmetrical in structure, one end of the left connecting piece and one end of the right connecting piece are rotatably connected, and the other end of the left connecting piece or the other end of the right connecting piece is inlaid in an opening of one said cross tube to be fixed, and (in regard to claims 22) wherein connecting belts are arranged on left and right sides of the cloth bag, and two ends of each of the connecting belts are detachably connected with one said fixed seat of the front frame and one said fixed seat of the back frame respectively. These limitations, in combination with each and every other independent claim limitation, are not shown in the currently cited prior art.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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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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/JOHN D WALTERS/Primary Examiner, Art Unit 3613
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