Detailed Action
Amendment
1. This office action is in response to applicant’s amendments dated 2-2-26 and this office action is a final rejection.
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
2. 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.
Claim(s) 1-2, 4-7, 13-16 and 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN Patent No. 219029515 to Hu in view of U.S. Patent Application Publication No. 2021/0284221 to Perez et al.
Referring to claim 1-2, 5 and 21, Hu discloses a trolley for use in animal husbandry comprising, a trolley frame – at 3,5,8, four wheels – at 2 and 4, connected to the frame for supporting the frame from a floor surface for movement in a direction longitudinally of the frame – see figure 1, the four wheels – at 2 and 4, including a front pair of wheels – at 2, rotatable about a front axis – see figure 1, and a rear pair of wheels – at 4, rotatable about a rear axis – see figure 1, a rear handle – at 7, connected to the frame – at 3,5 via items 6,9 as seen in figure 1 with item 9 extending from item 1 to items 6-7, which is manually graspable for guiding the trolley – see figure 1, a cradle – at 1,9, on the frame for receiving a body of a deceased animal – see figure 1 and detailed ways portion of the English translation provided by applicant, the cradle – at 1,9, extending longitudinally of the trolley frame – at 3,5,8, from a rear end adjacent the handle – at 7, to a forward end – at 1, including a transverse front edge – forwardmost edge of 1, over which the body can slide for storage on the cradle – at 1,9 – see figure 1 and the detailed ways portion of the English abstract, the cradle – at 1,9, including a front portion – rear portion of item 1, and portion of item 9 extending from item 1 to items 3,5, extending rearwardly from the front edge over the first and second pairs of wheels – see portion of 1 proximate item 9 that extends over the wheels – at 2 as seen in figure 1, the cradle – at 1,9, including a rear portion – at rear of 9 between items 3,5 and 6,7, at an angle to the front portion – of 1, so as to extend extending upwardly and rearwardly from the front portion – at 1, to the rear end – at 9 connecting to 6,7, adjacent the rear handle – at 7 – see figure 1 with item 9 inclined from item 1 to items 6,7, a winch arrangement – at 6, at or adjacent the rear end – at the rear end of 9 as seen in figure 1, for pulling an elongate flexible member for attachment to the animal to pull the animal onto the cradle – at 1,9 – see figure 1 and the detailed ways portion of the English translation, the trolley frame – at 3,5,8, and cradle – at 1,9, being pivotal on the front pair of wheels – at 2, about the front axis from a loading position to a transport position – see figure 1 and the detailed ways portion of the English translation, wherein, in the loading position, the transverse front edge – at the forwardmost portion of 1, is in contact with the floor surface for sliding movement of the animal over the front edge and the rear pair of wheels – at 4, are raised from the floor surface – see figure 1 and the detailed ways portion of the English translation, wherein, in the transport position, the transverse front edge – front of 1, is raised from the floor surface, the rear pair of wheels – at 4, are in contact with the floor surface and the front portion – at 1 and item 9 between items 1 and 3,5, extends rearwardly from the front edge over the front pair of wheels – at 2, to the rear pair of wheels – at 4, so that the front portion is stably supported by both the front – at 2, and rear pairs of wheels – at 4 – see figure 1 and the detailed ways portion of the English translation. Specific to claims 2, 5 and 21, Hu further discloses in the transport position, the front portion – at 1, is substantially horizontal – see the drawing figure. Hu further discloses the rear portion extends from the front portion at the angle thereto such that, in the loading position with the front edge – front of 1, on the floor surface, the rear portion – rear of 9, stands substantially vertically upwardly from the front portion – see the drawing figure and the detailed ways portion of the English translation. Hu further discloses the front portion of the cradle – at the connection of items 1 and forward portion of 9, extending rearwardly – along 9, to a rear edge – at the portion of 9 proximate items 3,5, adjacent or behind a vertical plane containing the rear axis – see figure 1, with the plane corresponding to the axis of items 4 being at least adjacent to the rear edge of 9, the cradle including a rear portion – at 9 between items 3,5 and 6, connected to the front portion at the rear edge of the front portion – see proximate 3,5 in figure 1, a front edge of the rear portion being connected to the rear edge of the front portion to form an angle at the rear edge between the rear portion and the front portion – see at 9 proximate 3,5 in figure 1, so that the rear portion – at 9 between 3,5 and 6, is inclined relative to the front portion – at 1,9, upwardly and rearwardly from the rear edge of the front portion to the rear end adjacent the rear handle – at 7 – see figure 1. Hu does not disclose the angle between the rear and front portion of the cradle is greater than 0 degrees. Perez et al. does disclose the cradle – at 12,32,34, having a front portion – between items 14 and 20 and a rear portion – between items 14 and 22, and an angle between the front and rear portion being greater than 0 degrees – see figure 1. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu and add the angle between the front and rear portions of the cradle being greater than 0 degrees as disclosed by Perez et al., so as to yield the predicable result of allowing for the handle to be positioned so as to be easier to grasp by the user as desired.
Referring to claim 4, Hu as modified by Perez et al. further discloses in the transport position, the axis of the front pair of wheels – at 2, is located at a position midway along the front portion – at 1 and front of 9, so that a center of gravity of material on the front portion is close to a vertical plane passing through the axis of the front pair of wheels – at 2, allowing easy tilting of the trolley between the loading and transport positions – see the drawing figure of Hu.
Referring to claim 6, Hu as modified by Perez et al. does not disclose the rear portion extends from the front portion upwardly and rearwardly at the angle in the range 40 to 60 degrees. However, it would have been obvious to one of ordinary skill in the art to take the device of Hu as modified by Perez et al. and make the rear portion extend at any suitable angle from the front portion including the angles in the range of 40 to 60 degrees as claimed, so as to yield the predictable result of positioning the handle so as to be easily grasped by the user during operation.
Referring to claims 7 and 22, Hu as modified by Perez et al. further discloses the front and rear pairs of wheels – at 2 and 4, are fixed against steering movements – see the drawing figure and the detailed ways portion of the English abstract where the wheels at 2 are fixed to the frame and the wheels – at 4 can be locked as seen – at 4 in the drawing figure of Hu.
Referring to claim 13, Hu as modified by Perez et al. further discloses the rear portion – at the rear of 9, has a rear edge thereof adjacent the handle – at 7 – see the drawing figure of Hu.
Referring to claim 14, Hu as modified by Perez et al. further discloses a motor – at 18, for forward and rearward driving movement of at least one of the front and rear pairs of wheels – at 14 and 20 – see at 14,18 in figures 1-2 and paragraph [0031]. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu as modified by Perez et al. and add the drive motor of Perez et al., so as to allow the user to more easily maneuver the cart during use.
Referring to claim 15, Hu as modified by Perez et al. further discloses the motor – at 18, is mounted under the front portion of the cradle – at 12,32,34 between 14 and 20 – see figures 1-2 of Perez et al. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu as modified by Perez et al. and add the drive motor of Perez et al., so as to allow the user to more easily maneuver the cart during use.
Referring to claim 16, Hu as modified by Perez et al. further discloses the motor – at 18, applies drive to the wheels – at 14, though controls at the handle – at 30 – see figures 1-2 and paragraph [0031] of Perez et al., but does not disclose a clutch operated by a lever mounted at the handle. However, it would have been obvious to one of ordinary skill in the art to take the device of Hu as modified by Perez et al. and use any suitable device for applying power to the wheels including the claimed clutch and lever, so as to yield the predictable result of allowing easy control and movement of the device during use.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu as modified by Perez et al. as applied to claim 1 above, and further in view of U.S. Patent No. 7,114,742 to Sterns.
Referring to claim 11, Hu as modified by Perez et al. does not disclose the front portion is substantially planar. Sterns does disclose the front portion – at 64, is substantially planar – see figures 1-2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu as modified by Perez et al. and add the front portion being substantially planar as disclosed by Sterns, so as to yield the predictable result of allowing the cradle to provide better support during use.
Referring to claim 12, Hu as modified by Perez et al. does not disclose the rear portion is substantially planar. Sterns does disclose the rear portion – at 43, is substantially planar – see figures 1-2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu as modified by Perez et al. and add the rear portion being substantially planar as disclosed by Sterns, so as to yield the predictable result of allowing the cradle to provide better support during use.
Claim(s) 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu as modified by Perez et al. as applied to claim 1 above, and further in view of U.S. Patent No. 8,939,453 to Ficociello.
Referring to claim 19, Hu as modified by Perez et al. does not disclose the trolley carries a plurality of receptacles thereon for receiving tools. Ficociello does disclose the trolley carries a plurality of receptacles – at 50, thereon for receiving tools – see figure 1 and column 4 lines 27-38. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu as modified by Perez et al. and add the plurality of receptacles of Ficociello, so as to yield the predictable result of allowing for the device to hold objects required by the user as desired.
Referring to claim 20, Hu as modified by Perez et al. and Ficociello further discloses the receptacles – at 50, are mounted on the trolley frame – at 14, at a location which avoids interference with the loading of objects on the cradle – at 30-37 – see figure 1 of Ficociello. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu as modified by Perez et al. and add the plurality of receptacles of Ficociello, so as to yield the predictable result of allowing for the device to hold objects required by the user as desired.
Claim(s) 23-25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu in view of Perez et al. and further in view of U.S. Patent No. 6,604,749 to Woodbury.
Referring to claims 23-25, Hu discloses a trolley for use in animal husbandry comprising, a trolley frame – at 3,5,8, four wheels – at 2 and 4, connected to the frame for supporting the frame from a floor surface for movement in a direction longitudinally of the frame – see figure 1, the four wheels – at 2 and 4, including a front pair of wheels – at 2, rotatable about a front axis – see figure 1, and a rear pair of wheels – at 4, rotatable about a rear axis – see figure 1, a rear handle – at 7, connected to the frame – at 3,5 via items 6,9 as seen in figure 1 with item 9 extending from item 1 to items 6-7, which is manually graspable for guiding the trolley – see figure 1, a cradle – at 1,9, on the frame for receiving a body of a deceased animal – see figure 1 and detailed ways portion of the English translation provided by applicant, the cradle – at 1,9, extending longitudinally of the trolley frame – at 3,5,8, from a rear end adjacent the handle – at 7, to a forward end – at 1, including a transverse front edge – forwardmost edge of 1, over which the body can slide for storage on the cradle – at 1,9 – see figure 1 and the detailed ways portion of the English abstract, the cradle – at 1,9, including a front portion – rear portion of item 1, and portion of item 9 extending from item 1 to items 3,5, extending rearwardly from the front edge over the first and second pairs of wheels – see portion of 1 proximate item 9 that extends over the wheels – at 2 as seen in figure 1, the cradle – at 1,9, including a rear portion – at rear of 9 between items 3,5 and 6,7, at an angle to the front portion – of 1, so as to extend extending upwardly and rearwardly from the front portion – at 1, to the rear end – at 9 connecting to 6,7, adjacent the rear handle – at 7 – see figure 1 with item 9 inclined from item 1 to items 6,7, a winch arrangement – at 6, at or adjacent the rear end – at the rear end of 9 as seen in figure 1, for pulling an elongate flexible member for attachment to the animal to pull the animal onto the cradle – at 1,9 – see figure 1 and the detailed ways portion of the English translation, the trolley frame – at 3,5,8, and cradle – at 1,9, being pivotal on the front pair of wheels – at 2, about the front axis from a loading position to a transport position – see figure 1 and the detailed ways portion of the English translation, wherein, in the loading position, the transverse front edge – at the forwardmost portion of 1, is in contact with the floor surface for sliding movement of the animal over the front edge and the rear pair of wheels – at 4, are raised from the floor surface – see figure 1 and the detailed ways portion of the English translation, wherein, in the transport position, the transverse front edge – front of 1, is raised from the floor surface, the rear pair of wheels – at 4, are in contact with the floor surface and the front portion – at 1 and item 9 between items 1 and 3,5, extends rearwardly from the front edge over the front pair of wheels – at 2, to the rear pair of wheels – at 4, so that the front portion is stably supported by both the front – at 2, and rear pairs of wheels – at 4 – see figure 1 and the detailed ways portion of the English translation. Specific to claims 24 and 25, Hu further discloses in the transport position, the front portion – at 1, is substantially horizontal – see the drawing figure. Hu further discloses the rear portion extends from the front portion at the angle thereto such that, in the loading position with the front edge – front of 1, on the floor surface, the rear portion – rear of 9, stands substantially vertically upwardly from the front portion – see the drawing figure and the detailed ways portion of the English translation. Hu does not disclose the front portion is mounted on a box section underneath the front portion with the axes of both the front and rear pairs of wheels extending through the box section so that the front portion is stably supported in the transport position by both the front and rear pairs of wheels. Woodbury does disclose the front portion – at 22, is mounted on a box section – at 12,14,16,24, underneath the front portion – see figure 4, with rear section – at 56, with the axes of both the front and rear pairs of wheels – at 36, extending through the box section so that the front portion – at 22, is stably supported in the transport position by both the front and rear pairs of wheels – at 36 – see figure 4. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu and add the box section of Woodbury, so as to yield the predictable result of providing better support to the wheels and frame as desired. Hu further discloses the front portion of the cradle – at the connection of items 1 and forward portion of 9, extending rearwardly – along 9, to a rear edge – at the portion of 9 proximate items 3,5, adjacent or behind a vertical plane containing the rear axis – see figure 1, with the plane corresponding to the axis of items 4 being at least adjacent to the rear edge of 9, the cradle including a rear portion – at 9 between items 3,5 and 6, connected to the front portion at the rear edge of the front portion – see proximate 3,5 in figure 1, a front edge of the rear portion being connected to the rear edge of the front portion to form an angle at the rear edge between the rear portion and the front portion – see at 9 proximate 3,5 in figure 1, so that the rear portion – at 9 between 3,5 and 6, is inclined relative to the front portion – at 1,9, upwardly and rearwardly from the rear edge of the front portion to the rear end adjacent the rear handle – at 7 – see figure 1. Hu does not disclose the angle between the rear and front portion of the cradle is greater than 0 degrees. Perez et al. does disclose the cradle – at 12,32,34, having a front portion – between items 14 and 20 and a rear portion – between items 14 and 22, and an angle between the front and rear portion being greater than 0 degrees – see figure 1. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu and add the angle between the front and rear portions of the cradle being greater than 0 degrees as disclosed by Perez et al., so as to yield the predicable result of allowing for the handle to be positioned so as to be easier to grasp by the user as desired. Hu as modified by Perez et al. and Woodbury further discloses the front portion is mounted substantially horizontally on a top of the frame – see at 1 in figure 1 of Hu and – see panels on top of 34 in figures 1-2 of Perez et al. Hu as modified by Perez et al. and Woodbury further discloses the front and rear pairs of wheels – at 36, fixed in the box section – see figures 1-5 of Woodbury and the wheels are fixed against steering movements – see at 2,4 in the drawing figure of Hu, and the detailed ways portion of the English abstract of Hu where the wheels at 2 are fixed to the frame and the wheels – at 4 can be locked as seen – at 4 in the drawing figure. Therefore it would have been obvious to one of ordinary skill in the art to take the device of Hu as modified by Perez et al. and Woodbury and add the box section of Woodbury, so as to yield the predictable result of providing better support to the wheels and frame as desired.
Response to Arguments
3. Applicant’s claim amendments and remarks/arguments dated 2-2-26 obviates the prior art rejections of claims 1, 21 and 23 detailed in the last office action dated 10-2-25. However, applicant’s claim amendments dated 2-2-26 necessitates the new grounds of rejection detailed earlier in paragraph 2 of this office action. Specific to claims 1, 21 and 23, the Hu reference CN 219029515 discloses the front portion of the cradle – at the connection of items 1 and forward portion of 9, extending rearwardly – along 9, to a rear edge – at the portion of 9 proximate items 3,5, adjacent or behind a vertical plane containing the rear axis – see figure 1, with the plane corresponding to the axis of items 4 being at least adjacent to the rear edge of 9, the cradle including a rear portion – at 9 between items 3,5 and 6, connected to the front portion at the rear edge of the front portion – see proximate 3,5 in figure 1, a front edge of the rear portion being connected to the rear edge of the front portion to form an angle at the rear edge between the rear portion and the front portion – see at 9 proximate 3,5 in figure 1, so that the rear portion – at 9 between 3,5 and 6, is inclined relative to the front portion – at 1,9, upwardly and rearwardly from the rear edge of the front portion to the rear end adjacent the rear handle – at 7 – see figure 1. Specific to claim 21, Hu discloses the rear portion extends from the front portion at the angle thereto such that, in the loading position with the front edge – front of 1, on the floor surface, the rear portion – rear of 9, stands substantially vertically upwardly from the front portion – see the drawing figure and the detailed ways portion of the English translation where when the device of Hu is placed with the front edge of 1 contacting the ground/floor the rear portion – at rear of item 9 would extend mostly vertical given the orientation of items 1 and 9 as seen in figure 1 of Hu in that items 1 and 9 are only angled slightly with respect to each other. Specific to claims 7 and 22-23, Hu discloses the wheels are fixed against steering movements – see at 2,4 in the drawing figure of Hu, and the detailed ways portion of the English abstract of Hu where the wheels at 2 are fixed to the frame and the wheels – at 4 can be locked as seen – at 4 in the drawing figure detailing locking feature of the wheels – at 4. It is noted that applicant has not positively recited in the claim that the wheels are fixed during movement/transport of the trolley.
Regarding the prior art rejections of claims 2, 4-6, 11-16, 19-20 and 24-25, applicant relies upon the same arguments with respect to parent claims 1, 21 or 23 discussed earlier.
Conclusion
4. 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.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643