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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 43 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 43 recites the limitation "the main body" in the first line. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
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 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) 27-41 and 43-46 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Newell (WO 2018/172932 A2).
Regarding claim 27, Newell teaches a load moving apparatus (10) including:
a ground engaging device (74) configured for rotation about a substantially horizontal axis (Fig 9);
a drive member (70) for driving the at least one ground engaging device (First Para of Page 5);
a transmission member (Implicit) operably connected to the drive member and the ground engaging device for transmitting drive from the drive member to the ground engaging device;
a chassis member (24) which extends along an axis A (A1) for supporting the ground engaging device and the drive member, said chassis member including first and second surfaces (O1, O2) which define outermost surfaces of the chassis member and which are spaced a first radial distance (Rd1) from the axis A (Fig 6 and 7 Annotated);
wherein the drive member extends a second radial distance (Rd2) from the axis A (Fig 7 Annotated);
wherein the second radial distance is greater than the first radial distance (Fig 7 Annotated).
Regarding claim 28, Newell teaches that the chassis member includes a third surface (S1) which extends between the first and second surfaces (Fig 7 Annotated).
Regarding claim 29, Newell teaches that the chassis member includes a fourth surface (opposite to S1) which extends between the first and second surfaces (Fig 7 Annotated).
Regarding claim 30, Newell teaches that the first and second surfaces include respective first and second edges which extend generally parallel to the axis A; wherein the third surface extends between respective first edges of the first and second surfaces (Fig 7 Annotated).
Regarding claim 31, Newell teaches that the fourth surface extends between the respective second edges of the first and second surfaces; and / or wherein the fourth surface is positioned generally opposite the third surface; and / or wherein the axis A is positioned generally centrally between the first, second, third and fourth surfaces (Fig 7 Annotated).
Regarding claim 32, Newell teaches that the chassis member has a substantially constant cross-section; wherein the cross-section of the chassis member is substantially quadrangular; wherein the cross-section of the chassis member is substantially square; and/or wherein the chassis member is substantially linear (Fig 7 Annotated).
Regarding claim 33, Newell teaches that the chassis member includes first and second ends, and wherein the ground engaging device is positioned close to or adjacent the first end; wherein the first end of the chassis member includes a first recess for receipt of at least a portion the transmission member (Fig 6 and 7 Annotated).
Regarding claim 34, Newell teaches a weight receiving portion (portion receiving 71 and 72 of 70) for fixing a weight member thereto (unit 70 represents a counterweight to stabilize the cart, fourth Para of Page 5), said weight receiving portion being fixed to the first surface and extending in a direction away from the second surface (Fig 6 and 7 Annotated);
wherein the weight receiving portion extends in a direction parallel to the axis A along the first surface (Fig 6 and 7 Annotated); and/or wherein the weight receiving portion is substantially planar (Fig 6 and 7 Annotated); or a castor wheel assembly receiving portion for fixing a further wheel assembly thereto, said castor wheel assembly receiving portion being fixed to the second surface and extending in a direction away from the first surface (optional, not required);
wherein the castor wheel assembly receiving portion has substantially the same cross section as the chassis member (optional, not required); and/or
wherein the castor wheel assembly receiving portion extends in a direction generally parallel to a ground surface which the ground engaging device engages in use (optional, not required).
Regarding claim 35, Newell teaches a load engaging device (40) for engagement with a load to be moved (Fig 12-13); wherein the chassis member includes a load engaging device receiving portion (portion receiving 40 through 22) for fixing the load engaging device relative to the chassis member (Fig 6-7).
Regarding claim 36, Newell teaches that the load engaging device receiving portion is positioned generally adjacent the drive member on the first surface (Fig 6-7); or wherein the load engaging device receiving portion extends onto the third and fourth surfaces (optional, not required).
Regarding claim 37, Newell teaches a handle fixed to the chassis member (Fig 6); and/or wherein the drive member is an electric motor (Claim 1); and/or wherein the ground engaging device is a wheel assembly (Fig 8-9).
Regarding claim 38, Newell teaches that the axis A lies on a substantially vertical plane X and the chassis member includes a left and a right portion (S1, S2, Fig 7 Annotated);
wherein the plane X is positioned between the left portion and the right portion of the chassis member (Although not possible to show it, A1 meant to be in the center of the chassis, Fig 7 Annotated); and
wherein the third surface (S2) is positioned in the left portion of the chassis member and the fourth surface (S1) is positioned in the right portion of the chassis member (Fig 7 Annotated).
Regarding claim 39, Newell teaches a further ground engaging device, wherein the ground engaging device is positioned adjacent the left portion of the chassis member and the further ground engaging device is positioned adjacent the right portion of the chassis member (Fig 58); and a further drive member drivingly connected to the further ground engaging device, wherein the drive member is positioned adjacent the left portion of the chassis member and the further drive member is positioned adjacent the right portion of the chassis member (Last Para of Page 8).
Regarding claim 40, Newell teaches a further transmission member operably connected to the further drive member and the further ground engaging device for transmitting drive from the further drive member to the further ground engaging device, wherein the transmission member is positioned adjacent the left portion of the chassis member and the further transmission member is positioned adjacent the right portion of the chassis member (Fig 60).
Regarding claim 41, Newell teaches that the chassis member includes first and second ends, and wherein the ground engaging device is positioned close to or adjacent the first end (lower end); wherein the first end of the chassis member includes a first recess for receipt of at least a portion the transmission member, wherein the first recess is positioned in the left portion of the chassis member; and further including a second recess for receipt of the further transmission member positioned in the right portion of the chassis member (Fig 60).
Regarding claim 43, Newell teaches that wherein in use, the main body (B1) is inclined at an angle to a surface (ground);
wherein the load moving apparatus includes a user graspable handle (H1);
wherein the main body includes first and second respective ends, the first end (lower) being positioned closer to a surface in use than the second end (upper);
wherein the ground engaging device is positioned at the first end (Fig 57 Annotated); and
wherein the user graspable handle is positioned at the second end (Fig 57 Annotated);
wherein the load moving apparatus includes a castor wheel assembly (62);
wherein the castor wheel assembly is positioned rearwardly of the first end and under the second end (Fig 57 Annotated).
Regarding claim 44, Newell teaches a load moving apparatus (10) including:
a ground engaging device (74) configured for rotation about a substantially horizontal axis (Fig 8-9);
a drive member (70) for driving the at least one ground engaging device (First Para of Page 5);
a weight member (unit 70 represents a counterweight to stabilize the cart, fourth Para of Page 5);
a chassis member (24) which extends along an axis A (A1) for supporting the ground engaging device and the drive member, said chassis member including first and second surfaces (O1, O2) which define outermost surfaces of the chassis member and which are spaced a first radial distance (Rd1) from the axis A (Fig 7 Annotated);
wherein the weight member extends a second radial distance from the axis A (Rd2);
wherein the second radial distance is greater than the first radial distance (Fig 7 Annotated).
Regarding claim 45, Newell teaches a transmission member operably connected to the drive member and the ground engaging device for transmitting drive from the drive member to the ground engaging device (Implicit).
Regarding claim 46, Newell teaches a chassis (21) for use in the load moving apparatus of claim 27 (Fig 6).
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Allowable Subject Matter
Claim 42 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.
The following is a statement of reasons for the indication of allowable subject matter: Claim 42 recites an attachment member for attaching the at least one transmission member to the chassis member; wherein in a first configuration of the apparatus the attachment member is attached to the chassis member; and wherein in a second configuration of the apparatus the attachment member is detached from the chassis member; and a further attachment member; wherein the attachment member is positioned on the left portion of the chassis member, wherein the transmission member is receivable at least partially by attachment member.
Since the prior art (e.g. Newell) teaches apparatus that lack said features, the prior art does not anticipate the claimed subject matter.
For illustration purposes, Fig 7 of the examined disclosure shows the attachment member 19, which is different than the attachment taught by the prior art of record (Fig. 6 of Newell, etc.)
Furthermore, it would not have been obvious to a skilled artisan to have modified the prior art in order to arrive at the claimed invention without resorting to impermissible hindsight.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The references noted on the attached PTO-892 form teach load moving apparatuses of interest.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOSAM SHABARA whose telephone number is (571)272-5495. The examiner can normally be reached M-F 8 am-5 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Minnah Seoh can be reached at (571) 270-7778. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOSAM SHABARA/Examiner, Art Unit 3618
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