oDETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
The foreign priority claim to CN202420271789.3 filed on 2/4/2024 is acknowledged.
Allowable Subject Matter
Claims 6-7, and 10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 6, Sun teaches the collapsible trolley with the guardrail according to claim 1, as set forth in the anticipation rejection below.
However Sun does not teach wherein the pull handle assembly comprises a link seat, two lower links with first ends respectively connected to two sides of the link seat at an angle, a horizontal tube with two ends respectively connected to the two lower links, and an upper link vertically and slidably passing through a center of the link seat. Handles of various geometries are well known in the prior art. However, in the prior art handles either have two lower links connected to a link seat at an angle (for examples see Huang US 20260015022 A1, Sun 2 US 10953904 B1, or Yang US 9738298 B1), or a horizontal tube (for examples see Sun US 11225277 B1, or Jin US 9056621 B1), not both. The closest reference found was Jeong (KR 20240129715 A) which teaches all the above elements of the handle assembly in a way that could be obviously combined with Sun to teach all the limitations of claim 6. However, Jeong was published on 8/28/2024 and is thus not prior art. Jeong’s patent family was searched and none of its related patents teach a similar handle. Upon additional searching, no prior art reference or obvious combination of prior art references were found to teach all the limitations of claim 6. Thus claim 6 contains allowable subject matter, and would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claim 7, this claim appropriately depends upon allowable but objected to claim 6, and is thus contains allowable subject matter at least by merit of its dependency.
Regarding claim 10, Sun teaches the collapsible trolley with the guardrail according to claim 3, as set forth in the obviousness rejection below.
However, Sun does no teach wherein the guardrail tube is formed into a telescopic structure. Upon further searching, plentiful references were found with telescoping vertical tubes (for example see Wang CN 212667462 U), but none that could be reasonably called a guardrail while still teaching all the limitations of claim 3, or could be obviously used to modify the guardrails of Sun to teach those limitations. Thus, claim 10 contains allowable subject matter, and would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim interpretation
Claims 3 and 5 include the word “alternatively.” The broadest reasonable interpretation of these claims includes the limitations on one side the “alternatively,” and not the other. This means that the prior art needs to teach the limitations on one side of the word “alternatively” in order for the claim to be rejectable. For the sake of compact prosecution, both sides were searched for and considered in the rejections below.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102 as being unpatentable over Sun (US 11225277 B1).
Regarding claim 1, Sun teaches a collapsible trolley with a guardrail, comprising a rack assembly (taught by figure 2), a pull handle assembly provided in front of the rack assembly (5 “draw bar assembly” taught in figure 2), a push handle assembly fixed behind the rack assembly (10 “handrail” taught in figure 2), and a caster assembly provided at a bottom of the rack assembly (6 “wheel” taught in figure 2).
Regarding claim 2, Sun teaches the collapsible trolley with the guardrail according to claim 1, as set forth in the anticipation rejection above.
Sun also teaches wherein the rack assembly comprises a bottom rack (4 “bottom frame assembly” taught by figure 2), a front frame (3 “rear wall assembly” taught by figure 1) and a rear frame (2 “front wall assembly” taught by figure 1) respectively provided at two ends of the bottom rack (taught by figure 1), and side frames respectively provided at left and right sides of the bottom rack (taught by figure 2), wherein the front frame is connected to the pull handle assembly, and the rear frame is connected to the push handle assembly (taught by figure 1).
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 11225277 B1).
Regarding claim 3, Sun teaches the collapsible trolley with the guardrail according to claim 2, as set forth in the anticipation rejection above.
Sun also teaches wherein each of the front frame and the rear frame comprises a horizontal tube (9 “lower horizontal tube” taught by figure 3), vertical tubes respectively fixedly attached to two ends of the horizontal tube (92 “vertical tubes” taught by figure 3), and a guardrail tube passing through tube sleeves respectively hinged to upper ends of the vertical tubes (91 “upper U-tube” taught by figure 3); and the guardrail tube is U-shaped and slidable in the tube sleeves (taught by figure 3); and
alternatively, each of the front frame and the rear frame is provided with two double-end sliders (82 “roof sliders” taught by figure 3), wherein the two double-end sliders are slidable up and down on the vertical tubes;
foldable short tubes are connected between the two double-end sliders (11 “cross tubes” taught by figure 3);
lower ends of the vertical tubes are respectively fixed to two L-shaped elements (11 “cross tubes” taught by figure 3);
two foldable long tubes are connected between the two L-shaped elements (11 “cross tubes” taught by figure 3);
first ends of the two foldable long tubes are respectively hinged to the two L-shaped elements, and second ends of the two foldable long tubes are hinged together (taught by figure 3);
a side of each of the two foldable long tubes is hinged to a side of each of the foldable short tubes to form an X-shaped crossed structure (taught by figure 3); and
upper ends of the vertical tubes are hinged to first ends of two guardrail tubes, and second ends of the two guardrail tubes are hinged together (taught by figure 3).
Sun does not explicitly teach wherein the vertical tubes are respectively welded to two ends of the horizontal tube.
However, MPEP 2143 I. (E) indicates that a limitation may be obvious if it merely requires a person having ordinary skill in the art to choose from a finite number of identified, predictable solutions, with a reasonable expectation of success. In this case, Sun indicates that the “vertical tubes respectively fixedly attached to two ends of the horizontal tube” but does not specifically teach how the fixed connection is made. This is an identified problem. It is well understood in the art that there are a finite number of ways to make a fixed connection such as through an adhesive, a weld, or a bolt. A person having ordinary skill in the art would be able to use a weld to connect the vertical tubes to the horizontal tube with a reasonable expectation of success.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 11225277 B1) in view of Chen (US 10272937 B2).
Regarding claim 4, Sun teaches the collapsible trolley with the guardrail according to claim 2, as set forth in the anticipation rejection above.
Sun also teaches wherein each of the side frames comprises two X-shaped cross-tube assemblies (11 “cross tubes” taught by figure 3) and a connecting element (taught by annotated figure 3 attached below);
each of the cross-tube assemblies comprises a long tube and a short tube (taught by figure 3); and
the long tube is hinged to the short tube through a first hole in a middle of a side of the long tube and a second hole in a middle of a side of the short tube (taught by figure 3);
first ends of the two long tubes are respectively hinged to the horizontal tubes or L-shaped elements of the front frame and the rear frame (taught by figure 3), and
second ends of the two long tubes are hinged to the connecting element (taught by figure 3); and
first ends of the two short tubes are hinged together (taught by figure 3), and second ends of the two short tubes are respectively hinged to two sliding sleeves or double-end sliders (82 “roof sliders” taught by figure 3); and
the two sliding sleeves are respectively slidable up and down on the vertical tubes of each of the front frame and the rear frame (taught by figure 3).
However, Sun does not teach two free ends of two guardrail tubes are hinged to the connecting element of a same side frame.
Chen teaches two free ends of two guardrail tubes are hinged to the connecting element of a same side frame (71 “rear main basket member” taught in figures 1 and 5).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have incorporated the guard rail tubes of Chen onto the connecting element of Sun, with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make this incorporation because the guard rails would increase the stability of the cart fabric 7 taught by figure 2.
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Regarding claim 5, Sun teaches the collapsible trolley with the guardrail according to claim 2, as set forth in the anticipation rejection above.
Sun also teaches wherein the bottom rack comprises a front bottom rack and a rear bottom rack (41 “bottom frame” taught by figure 3);
a front end of the front bottom rack is hinged to the horizontal tube of the front frame, and a rear end of the front bottom rack is hinged to a front end of the rear bottom rack (taught by figure 3);
a rear end of the rear bottom rack is hinged to the horizontal tube of the rear frame, and a top of the front end of the rear bottom rack is transversely fixed to a strip (taught by figure 3); and
the strip contacts the rear end of the front bottom rack (taught by figure 4).
However, Sun does not explicitly teach that the strip is a steel strip.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the strip out of steel since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
However, Sun also does not teach that the bottom rack comprises a center support seat, four U-shaped weld elements hinged to an outer side of the center support seat, and bottom support tubes, wherein first ends of the bottom support tubes are respectively welded to the four U-shaped weld elements, and second ends of the bottom support tubes are respectively hinged to U-shaped iron elements of the vertical tubes.
Chen teaches the bottom rack comprises a center support seat, four U-shaped weld elements hinged to an outer side of the center support seat, and bottom support tubes, wherein first ends of the bottom support tubes are respectively welded to the four U-shaped weld elements, and second ends of the bottom support tubes are respectively hinged to U-shaped elements of the vertical tubes (taught by figures 3-6).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the bottom rack of Sun to contain the center support, four U-shaped weld elements, and bottom support tubes of Chen, with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make this modification because the center support, four weld elements, and bottom support tubes would provide more mechanical strength than the bottom rack configuration of Sun, because sun has fewer support elements.
However, neither Sun nor Chen teach that the U-shaped elements are made of iron.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the U-shaped elements out of iron since it has been held to be within general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 11225277 B1) in view of Sun 2 (US 10953904 B1).
Regarding claim 8, Sun teaches the collapsible trolley with the guardrail according to claim 1, as set forth in the anticipation rejection above.
Sun also teaches wherein the caster assembly comprises a front caster assembly and a rear caster assembly (taught by figure 3);
the front caster assembly or the rear caster assembly comprises a caster carrier, a tire connected to the caster carrier through a pin shaft (taught by figure 3).
Sun does not teach a caster stem with an end fixed to a top of the caster carrier, and a stem sleeve sleeved on an outer side of the caster stem; and
a quick release button and a spring are provided in a transverse square hole at an upper end of the stem sleeve and pressed into a lower end of each of the vertical tubes of the front frame or the rear frame.
Sun 2 teaches a caster stem with an end fixed to a top of the caster carrier (24 “tire holder” taught by figure 22), and a stem sleeve sleeved on an outer side of the caster stem (23 “shaft sleeve” taught by figure 22); and
a quick release button (21 “lock” taught by figure 22) and a spring (22 “lock spring” taught by figure 22) are provided in a transverse square hole at an upper end of the stem sleeve and pressed into a lower end of each of the vertical tubes of the front frame or the rear frame (taught by figure 22).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the caster assembly of Sun to include the caster stem, stem sleeve, and quick release button of Sun 2, with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make this modification because this would enable the casters to be quickly detached and replaced which would be desirable if one of the casters were damaged.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sun (US 11225277 B1) in view of Sun 3 (US 20250236327 A1).
Regarding claim 9, Sun teaches the collapsible trolley with the guardrail according to claim 1, as set forth in the anticipation rejection below.
Sun also teaches wherein a canopy assembly is provided above the rack assembly (8 “roof fabric” taught by figure 1).
However, Sun does not teach that the canopy assembly comprises an upper canopy seat, a lower canopy seat connected to a lower end of the upper canopy seat through a pin, two first transverse support tubes with first ends respectively hinged to an outer side of the upper canopy seat, and two second transverse support tubes with first ends respectively hinged to an outer side of the lower canopy seat.
Sun 3 teaches that the canopy assembly comprises a canopy seat (13d “center seat” taught in figure 9), two first transverse support tubes with first ends respectively hinged to an outer side of the canopy seat, and two second transverse support tubes with first ends respectively hinged to an outer side of the canopy seat (13c “four top rods” taught in figure 9), side seats respectively hinged to second ends of the two first transverse support tubes and second ends of the two second transverse support tubes (taught by figure 9), and vertical posts (13b “” taught by figure 9) with respective upper ends inserted into the side seats and lower ends inserted into canopy fixing seats (taught by figure 9); and
the canopy fixing seats are respectively fixed to guardrail tubes (taught by figure 9).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to have modified the canopy of Sun to include the canopy seats and support tubes of Sun 3, with a reasonable expectation of success. One of ordinary skill in the art would have been motivated to make this modification because the presence of the additional support tubes would make the canopy more rigid, and structurally strong which would be desirable when anything falls on top of the canopy.
However neither Sun nor Sun 3 teach that the canopy seat is an upper canopy seat and lower canopy seat connected to one another through a pin, and where the upper canopy seat is attached to the two first transverse support tubes and the lower canopy seat is attached to the two second transverse support tubes.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to change the central canopy seat into an upper and lower canopy seat, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS KANDAS whose telephone number is (571)272-5628. The examiner can normally be reached Mon-Fri.
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/NICHOLAS R. KANDAS/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613
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