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 .
Election/Restrictions
Applicant’s election of Invention 1 in the reply filed on 7/1/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
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.
Claim(s) 1, 4, 6-8, 10, 12, 14,17 and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mccoy et al (US 5,249,823).
In re claims 1 and 14, Mccoy teaches a first frame member (16); a second frame member (17), spaced apart from the first frame member; a first wheel assembly comprising at least one first wheel, the first wheel assembly being operatively coupled to the first frame member (fig. 1-3); a second wheel assembly comprising at least one second wheel, the second wheel assembly being spaced apart from the first wheel assembly and operatively coupled to the second frame member (fig. 1-3); and at least one cross-member (22-24) having a first end removably secured to the first frame member and a second end removably secured to the second frame member (col. 5, ln 50-col. 6, ln 37; connected by bolts), the members and assemblies being configured to move the building module (the term building module is not properly defined and could relate to anything used in the building of anything) along the ground surface (they have wheels).
In re claim 4, Mccoy teaches the at least one cross-member comprises a telescopic cross-member (abstract).
In re claim 5, Mccoy teaches the telescopic cross-member comprises a central loading portion (46) and at least one side portion (44-45), the at least one side portion being movable relative to the central loading portion for adjusting a length of the telescopic cross-member.
In re claim 6, McCoy teaches the central loading portion is a central loading tube and the side portion is a side tube (fig. 10).
In re claim 7, Mccoy teaches the device comprises three cross-members (fig. 10).
In re claims 8 and 17, Mccoy teaches the first wheel assembly comprises a first leg assembly having a top end connected to the first frame member and a bottom end rotatably supporting the at least one first wheel, and wherein the second wheel assembly comprises a second leg assembly having a top end connected to the second frame member and a second end rotatably supporting the at least one second wheel (figs. 5-6).
In re claims 10 and 18, McCoy teaches the first wheel assembly comprises a first longitudinal frame rotatably supporting the at least one first wheel and at least one first upright member, the first upright member having a bottom end connected to the longitudinal frame and a top end connected to the first frame member, and wherein the second wheel assembly comprises a second longitudinal frame rotatably supporting the at least one second wheel and at least one second upright member, the second upright member having a bottom end connected to the longitudinal frame and a top end connected to the second frame member (clear from figs. 2, 5 and 6).
In re claim 12, McCoy teaches the first wheel assembly comprises two first wheels, and wherein the second wheel assembly comprises two second wheels.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over McCoy as applied above.
In re claim 9, the examiner takes official notice that the use of telescoping members for raising and lowering wheeled devices was well known and conventional in the art at the time of invention and would have been to obvious to incorporate into the apparatus of McCoy.
Allowable Subject Matter
Claims 2-3, 11, 13, 15-16 and 19 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EREZ GURARI whose telephone number is (571)270-1156. The examiner can normally be reached Monday-Friday 8:00AM-6:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Marc Jimenez can be reached at (571) 272-4530. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EREZ GURARI/Primary Examiner, Art Unit 3615
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