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 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 (i.e., changing from AIA to pre-AIA ) 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.
Claims 8-9 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Cordioli (US 9315285) and further in view of Kesling (US 3533440).
In regards to claim 8, Cordioli discloses a trolley (fig. 1) for supporting a labeling station in a labeling machine (2), comprising a trolley body (1) which is provided with wheels(3a,3b & 4a,4b) and defines in an upper region a work surface (top surface) for supporting a labeling station (2), further comprising at least one supporting bracket (found near the wheels, see annotated fig. below) for at least one of said wheels.
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While Cordioli does not expressly disclose that said the supporting bracket has at least one coupling portion for mounting of at least one respective wheel, configured to be fixed to said trolley body in at least two different arrangements in order to vary a position in terms of height of said at least one coupling portion with respect to said trolley body, this type of design would have been an obvious alternative for similarly securing an object and was well-known at the time of invention as shown for example by Kesling.
Kesling teaches a supporting bracket for wheels wherein the supporting bracket (35) has at least one coupling portion (54, 56, 58) for mounting of at least one respective wheel (62), said supporting bracket (35) being configured to be fixed to said trolly body (fixed via coupling member 86 to the body 16) in at least two different arrangements (raised and retracted position), in order to vary a position in terms of height (raised position at a higher height, and a retracted position at a lower height) of said at least one coupling portion with said respect to said trolley body (body 16, see figure 7).
It would have been obvious to a person of ordinary skill in the art before the effective filing date to modify Cordioli in view of Kesling with the supporting bracket in order to easily adjust the body over a range of usable heights, where the support bracket can hold the appliance in place when the wheels are raised, and when they are lowered the body will be lifted from the floor to allow quick movement of the body (see Kesling col. 1 lines 38-43).
In regards to claim 9, Cordioli and Kesling in combination teach wherein said at least one supporting bracket (see Kesling, Supporting bracket 35) comprises said coupling portions for at least two of said wheels (see fig. 1, and 3, coupling portions openings 56 for each wheel 62 at least 4 wheels), said supporting bracket (35) being configured to be selectively fixed ( with coupling member 86, see col. 3, lines 50-62) with to said trolley body in at least one first arrangement (raised), in which the respective coupling portions are arranged at a first vertical distance with respect to said trolley body, or in at least one second arrangement (retracted), in which said coupling portions are arranged at a second vertical distance with respect to said trolley body (further from the body and in contact with the ground).
In regards to claim 14, Cordioli and Kesling in combination teach wherein said coupling portions are arranged, at least with one of parts thereof, in a position that is laterally spaced apart with respect to side walls of said trolley body (see fig. 3, Kesling, coupling portions openings 56 spaced apart from side walls of the body).
Allowable Subject Matter
Claims 10-13 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO 892 for a list of relevant Trolley’s, Label Machines, and wheel assemblies relevant to that claimed in the present application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAITLIN ANNE MILLER whose telephone number is (571)272-4356. The examiner can normally be reached M-F 8:00am-5:00pm (est).
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/C.A.M./Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614