DETAILED ACTION
Application Status
Claims 1-20 are pending and have been examined in this application.
Information Disclosure Statement
The information disclosure statement (IDS) filed on 11/01/2024 has been reviewed and considered.
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 12-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kurtz (US 20230139589 A1) in view of Hadar (GB 2441045 A).
With respect to claim 12, Kurtz discloses: a method of mobilizing a pallet (“moving pallets”, abstract) comprising: engaging the pallet with first and second wheeled assemblies (44, Fig. 3) that movably support the pallet on a support surface, wherein a first receiver (66, Fig. 4) is engaged with a first edge of the pallet and a second receiver (66; also see paragraph [0036]) is engaged with a second edge of the pallet that is opposite the first edge of the pallet (see “for receiving the horizontal tongues…”, paragraph [0036]).
Kurtz discloses engaging the sides of the pallet that extend longitudinally with respect to the pallet mobilizer. As best understood by the examiner, these edges correspond to the third and fourth edges of claim 13. Accordingly, Kurtz is considered to be silent in teaching receivers for receiving a first and second edge.
Hadar teaches a pallet mobilizer having pop-up receivers (4, Fig. 1) configured to engage edges of cargo (30, Fig. 5) to keep the cargo from sliding with respect to the vehicle (see pg. 8, L. 21 – pg. 9, L. 2).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Kurtz in view of Hadar by providing the first and second wheeled assemblies of Hadar with pop-up receivers as taught by Hadar to arrive at the claimed invention and to prevent a pallet from sliding with respect to the pallet mobilizer in a front-rear direction.
With respect to claim 13, Kurtz in view of Hadar as modified above teaches the method as set forth in claim 12, further comprising engaging the pallet with first and second side rails (Kurtz; 60/60, Fig. 4; also see paragraph [0036]) that extend between and interconnect the first and second wheeled assemblies (44/44), wherein a third receiver (66) provided on the side rail is engaged with a third edge of the pallet and a fourth receiver (66) provided on the second side rail is engaged with a fourth edge of the pallet that is opposite the third edge of the pallet (see “for receiving the horizontal tongues…”, paragraph [0036]).
With respect to claim 14, Kurtz in view of Hadar as modified above teaches the method as set forth in claim 13, further comprising pushing or towing the first and second wheeled assemblies across the support surface while said first and second wheeled assemblies are engaged with the pallet (see “for connecting the pallet trailer 20 to a tow vehicle”, paragraph [0033]).
With respect to claim 16, Kurtz discloses a pallet mobilizer (“moving pallets”, abstract) for selectively engaging and moving an associated pallet on a support surface, said pallet mobilizer comprising: a first wheeled assembly (44 (left), Fig. 3) including a first frame; a second wheeled assembly (44 (right)) including a second frame; a first side rail (60) adapted to be located adjacent a third edge of the associated pallet, said first side rail connected to and extending between the first and second frames; a second side rail (60; also see “rails”, paragraph [0036]) adapted to be located adjacent to a fourth edge of the associated pallet, said second rail connected to and extending between the first and second frames.
Kurtz is silent in teaching a first receiver adapted to be located and engaged with a first edge of the associated pallet and a second receiver adapted to be located adjacent and engaged with a second edge of the associated pallet that is parallel to and spaced-apart from the first edge.
Hadar teaches a pallet mobilizer having pop-up receivers (4, Fig. 1) configured to engage edges of cargo (30, Fig. 5) to keep the cargo from sliding with respect to the vehicle (see pg. 8, L. 21 – pg. 9, L. 2).
Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Kurtz in view of Hadar by providing the first and second wheeled assemblies of Kurtz with pop-up receivers as taught by Hadar to arrive at the claimed invention and to prevent a pallet from sliding with respect to the pallet mobilizer in a front-rear direction.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kurtz (US 20230139589 A1) in view of Hadar (GB 2441045 A) as applied to claim 12 above, and further in view of Glaser (US 20080054580 A1).
With respect to claim 15, Kurtz in view of Hadar teaches the method as set forth in claim 14, but is silent in teaching respective first and second chassis each including first and second rolling wheel assemblies; and (ii) respective first and second frames connected respectively to the first and second chassis, wherein said first frame includes a first pallet receiver and said second frame includes a second pallet receiver, said method further comprising raising and lowering the first and second frames relative to the first and second chassis, respectively, to adjust a position of the first and second pallet receivers relative to a support surface on which the first and second rolling wheel assemblies of both said first and second chassis are supported.
Glaser teaches a device for mobilizing heavy equipment comprising a first wheeled assembly (10, Fig. 2) having a first frame (see annotated figure below), a second wheeled assembly (10, Fig. 2; also see 10/10, Fig. 1) having a second frame (see annotated figure below), wherein the first and second frames are respectively connected to and selectively movable relative to the first and second chassis (see annotated figure below) and further teaches raising and lowering the first and second frames relative to the first and second chassis, respectively to adjust a position of the first and second pallet receivers relative to a support surface on which the first and second rolling wheel assemblies of both said first and second chassis are supported (see “lifting, moving, and lowering the equipment”, paragraph [0028]).
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Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Kurtz in view of Hadar in further view of Glaser to arrive at the claimed invention. Such a person would have been motivated to make such a modification to improve the capabilities of the pallet mobilizer. For example, such a modification would be advantageous when one pallet needs to be moved vertically relative to another pallet so that they can be stacked.
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kurtz (US 20230139589 A1) in view of Hadar (GB 2441045 A) as applied to claim 16 above, and further in view of Glaser (US 20080054580 A1).
With respect to claim 17, Kurtz in view of Hadar as modified above teaches the pallet mobilizer as set forth in claim 16, but is silent in teaching first and second chassis connected and selectively movable relative to the first and second frames.
Glaser teaches a device for mobilizing heavy equipment comprising a first wheeled assembly (10, Fig. 2) having a first frame (see annotated figure below), a second wheeled assembly (10, Fig. 2; also see 10/10, Fig. 1) having a second frame (see annotated figure below), wherein the first and second frames are respectively connected to and selectively movable relative to the first and second chassis (see annotated figure below).
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Before the effective filing date of the claimed invention, it would have been obvious to a person of ordinary skill in the art to modify Kurtz in view of Hadar in further view of Glaser to arrive at the claimed invention. Such a person would have been motivated to make such a modification to improve the capabilities of the pallet mobilizer. For example, such a modification would be advantageous when one pallet needs to be moved vertically relative to another pallet so that they can be stacked.
With respect to claim 18, Kurtz in view of Hadar and Glaser as modified above teaches the pallet mobilizer of claim 17, wherein said first and second wheel assemblies respectively comprise first and second jack assemblies (Glaser; see “columns jacks”, paragraph [0030]) that are respectively operably connected to and selectively operable to raise and lower the first and second frames relative to the first and second chassis.
With respect to claim 19, Kurtz in view of Gadar and Glaser as modified above teaches the pallet mobilizer as set forth in claim 18, wherein the first and second chassis (see annotated figure above) each comprise at least one rolling wheel assembly.
Note, claim 19 is not interpreted to encompass additional wheels that are separate from the wheels of the associated first and second wheeled assemblies.
Allowable Subject Matter
Claims 1-11 are allowed.
Claim 20 is 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 1, the closest prior art of record is Kurtz (US 20230139589 A1). Kurtz discloses: a method of mobilizing a pallet (“moving pallets”, abstract) comprising: engaging the pallet with first and second wheeled assemblies (44, Fig. 3) that movably support the pallet on a support surface, wherein a first receiver is engaged with a first edge of the pallet and a second receiver is engaged with a second edge of the pallet that is opposite the first edge of the pallet (see “for receiving the horizontal tongues…”, paragraph [0036]).
With respect to claim 1, Kurtz is silent in teaching at least: the claimed first and second receivers for selectively engaging wedge interface members, wherein the first and second wheeled assemblies comprise the respective first and second receivers.
With respect to claim 20, Kurtz is silent in teaching: each of the first and second wheeled assemblies further comprises a maneuvering dolly connected to the frame and comprising a dolly wheel and a dolly jack that is selectively operable to extend said dolly wheel relative to said frame such that said dolly wheel cooperates with the at least one rolling wheel assembly to movably support said frame on a support surface. The pallet mobilizer disclosed by Kurtz is supported by four wheels for the maneuvering of the pallet mobilizer. Unlike the applicant’s disclosed invention, the pallet mobilizer disclosed by Kurtz is not disassembled for transportation as shown in applicant’s Figure 17. Accordingly, a person of ordinary skill in the art would not be motivated to add the claimed dolly wheels or dolly jack to the pallet mobilizer disclosed by Kurtz. None of the cited art resolves this deficiency.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and discloses devices for mobilizing pallets and other heavy cargo in general.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Matthew D Lee whose telephone number is (571)272-6087. The examiner can normally be reached Mon. - Fri. (7:30 - 5:00 EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Olszewski can be reached at (571) 272-2706. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MATTHEW D LEE/ Examiner, Art Unit 3617
/JOHN OLSZEWSKI/ Supervisory Patent Examiner, Art Unit 3617
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