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 § 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.
(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) 1-7 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Wu (US D1078207 S).
Regarding claim 1, Wu discloses a folding cart (cart, figs.1-8), comprising: a frame (frame of cart as seen in figures 1-8); a plurality of casters (casters as seen in figures 1-8 and in attached figure below) mounted at a bottom of the frame; wherein the frame comprises a plurality of pillars (vertical pillars as seen in attached figure below), a plurality of pairs of bottom folding frames (bottom folding frame as seen in attached figure below) hinged to the pillars, and a plurality of pairs of transverse folding frames (transverse folding frames as seen in attached figure below) and longitudinal folding frames (longitudinal folding frames as seen in attached figure below) hinged between the pillars; wherein fixing blocks (fixing blocks as seen in attached figure below) are mounted at top ends of the pillars; wherein sliders (sliders as seen in attached figure below) are arranged on the pillars and slide at lower ends of the pillars; wherein lower ends of outer sides of the transverse folding frames and the longitudinal folding frames are hinged to the sliders (figs.1-8 and attached figure below); wherein upper ends of the outer sides of the transverse folding frames and the longitudinal folding frames are hinged to the fixing blocks (figs.1-8 and attached figure below); and wherein the sliders slide vertically to drive the transverse folding frames and the longitudinal folding frames to be folded or unfolded (figs.1-8 and attached figure below).
Figure 5 of Wu
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Figure 1 of Instant application for comparison
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Regarding claim 2, Wu discloses wherein the transverse folding frame comprises a plurality of pairs of transverse rod assemblies which are connected in a hinged manner (plurality of transverse rod assemblies as seen in attached figure above), and the longitudinal folding frame comprises a plurality of pairs of longitudinal rod assemblies (plurality of longitudinal rod assemblies as seen in attached figure above) connected in a hinged manner (figs.1-8 and attached figure above).
Regarding claim 3, Wu discloses wherein the transverse rod assembly comprises a first transverse rod and a second transverse rod (first and second transverse rods as seen in attached figure below are riveted) which are movably riveted together, and the longitudinal rod assembly comprises a first longitudinal rod and a second longitudinal rod (first and second longitudinal rods as seen in attached figure below are riveted) which are movably riveted together.
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Regarding claim 4, Wu discloses wherein ends of two adjacent said first transverse rods and two adjacent said second transverse rods are hinged to fix the transverse rod assemblies (figs.1-8 and attached figures); ends of two adjacent said first longitudinal rods and two adjacent said second longitudinal rods are hinged to fix the longitudinal rod assemblies (figs.1-8 and attached figures); the first transverse rods are hinged to the fixing blocks at the top ends of the pillars (attached figures above, figs.1-8), and the second transverse rods are hinged to the sliders at the lower ends of the pillars (attached figures above, figs.1-8); and the first longitudinal rods are hinged to the fixing blocks at the top ends of the corresponding pillars (attached figures above, figs.1-8), and the second transverse rods are hinged to the sliders at the lower ends of the corresponding pillars (attached figures above, figs.1-8).
Regarding claim 5, Wu discloses wherein the bottom folding frame comprises a connecting seat (connecting seats as seen in figures 1-8 and attached figure below) at a center and a plurality of bottom rods (bottom rods as seen in figures 1-8 and attached figures), and inner ends of the bottom rods are hinged to the connecting seat (figs.1-8).
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Regarding claim 6, Wu discloses wherein fixing members (fixing members as seen in figures 1-8 and attached figure below) are connected to outer ends of the bottom rods in a hinged manner and mounted at bottom ends of the corresponding pillars (figs.1-8 and attached figure below), and the outer ends of the bottom rods are connected to the bottom ends of the corresponding pillars by means of the fixing members (figs.1-8 and attached figures); and the sliders slide between the fixing members and the fixing blocks (sliders slide between the fixing members and fixing blocks as seen in figures 1-8 and attached figures).
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Regarding claim 7, Wu discloses wherein the connecting seat is provided with a plurality of hinge slots (connecting seats have a plurality of hinge slots as seen in figure 7) which are open downwards, and the bottom rods are hinged in the hinge slots (figs.1-8 and attached figures).
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.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US D1078207 S) in combination with Lin (US 20250333089 A1).
Regarding claim 8, Wu discloses wherein a pull frame (pull frame as seen in attached figure below and in figures 1-8) is arranged at a front end of the frame and comprises a fixing seat (fixing seat as seen in attached figure below and in figures 1-8), connecting rods (connecting rods as seen in attached figure below and in figures 1-8) located on two sides of the fixing seat, and a pull rod (pull rod as seen in attached figure below and in figures 1-8), inner ends of the connecting rods are hinged to the fixing seat (attached figure below and figures 1-8), and outer ends of the connecting rods are hinged to fixing members on two sides (fixing members as seen in attached figure above, attached figure below and figures 1-8). Wu fails to disclose the pull rod hinged to the fixing seat.
However, Lin discloses a pull rod hinged to a fixing seat (handle 500 is rotatable installed on fixing seat as seen in figures 1 and 6-8).
Wu and Lin are both considered to be analogous to the claimed invention because they are in the same field of foldable carts. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu with the hinging handle of Lin with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of allowing the handle to be folded into a compact configuration for storage.
Regarding claim 9, Wu in combination with Lin, Wu discloses wherein a grip ring (grip ring as seen in attached figure below and in figures 1-8) is arranged at a top end of the pull rod (figs.1-8).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wu (US D1078207 S) in combination with Choi (US 20180170418 A1).
Regarding claim 10, Wu discloses the folding cart of claim 1 but fails to disclose brake pedals.
However, Choi discloses wherein brake pedals (brake 213 on front wheel 210, figs.1-2 and 6-7) are arranged at a front end of the frame and located above the wheels at the front end of the frame (brakes 21 are above the front wheels 210, figs.1-2 and 6-7).
Wu and Choi are both considered to be analogous to the claimed invention because they are in the same field of folding carts. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Wu with the brakes of Choi with a reasonable expectation of success because it would have combined prior art elements yielding predictable results of allowing the cart to be braked, providing better safety.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art not relied upon but considered pertinent to the applicant’s disclosure is included in the 892 form. The art included has features related to claim limitations, the general structural of the invention, teachings, and other analogous art to the invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IAN BRYCE SHELTON whose telephone number is (571)272-6501. The examiner can normally be reached Monday-Friday 8:00-5:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allen Shriver can be reached at (303)-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IAN BRYCE SHELTON/Examiner, Art Unit 3613
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