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 Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: lifting mechanism in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5 and 8 are 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 5 recites the limitation "the one linkage…and an other linkage" in lines 2-3. There is insufficient antecedent basis for this limitation in the claim. It is further not clear to the examiner if applicant is referring to a linkage of the bucket lift mechanism or the linkages recited in claim 3 of the lifting mechanism. The examiner suggests applicant amend the claim to provide clarity by adding the limitation of either --the one linkage of the bucket lift mechanism…and an other linkage of the bucket system-- or --the one linkage of the lift mechanism…and an other linkage of the lift mechanism-- or which ever linkage is being referred to.
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.
Claim(s) 1 and 3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. CN 113492900 A.
Huang discloses a cart capable of being used as a paint cart comprising: a base (120) having wheels (110); a lifting mechanism (200 and 300) capable of holding and raising a bucket of paint thereon off the floor.
As for claim 3, Huang discloses wherein the lifting mechanism comprises a pair of linkages (312-313 and 322-323) and a connected bucket lift mechanism (311,321 and 211, 212, 220, 230).
Claim(s) 1, 3-4 and 6-7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi KR 20170035424A.
Choi discloses a cart capable of being used as a paint cart comprising: a base (120) having wheels (121); a lifting mechanism (300) capable of holding and raising a bucket of paint thereon off the floor.
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As for claim 3, Choi discloses wherein the lifting mechanism comprises a pair of linkages (310) and a connected bucket lift mechanism (100, 130).
As for claim 4, Choi discloses wherein one of the linkages comprises a user foot control (321) for raising and lowering the bucket lift mechanism.
As for claim 6, Choi discloses at least one hydraulic cylinder (320) which is capable of preventing the lifting mechanism from lowering too abruptly.
As for claim 7, Choi discloses wherein the at least one hydraulic cylinder (320) is pivotably attached (see Figure above, pivot pin attachments to the scissor leg and base) to the base (120) and the lifting mechanism (310).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. CN 113492900 A in view of Thibault US 2009/0302563.
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As for claim 2, Huang discloses all the limitations as recited above but does not specify wherein a top platform attached to the base for holding tools and other materials. However, Thibault teaches a paint cart having a base (16) with wheels (28) wherein the cart is provided with a top platform (14) attached to the base (16) via supports (18). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the cart of Huang to include additional supports and an upper platform as taught by Thibault in order to provide additional means for holding tools, objects and/or paint/liquids.
Claim(s) 4 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. CN 113492900 A in view of Schmucker et al. US 2009/0194751.
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As for claim 4, Huang discloses wherein the lifting mechanism (300) is actuated by handle (500). Huang does not disclose wherein one of the linkages comprises a user foot control for raising and lowering the bucket lift mechanism. However, the use of a foot operated linkage system is well known in the lifting art as evidence by Schmucker who teaches a foot operated lifting device wherein the lifting linkage system (10, 51) is connected to a foot control (21, 50) for actuating an arm (10) to a raised and lowered position (¶0037). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the cart of Huang to include a foot operated actuator for the lifting mechanism as taught by Schmucker in order to provide an auxiliary actuator for lifting and lowering the lifting mechanism.
As for claim 5, the modified Huang teaches wherein the connected bucket lift mechanism is pivotably attached (at 311 and 321) to a vertical member of the base (120, 130), the one linkage (312, 322) is pivotally attached to the base, and an other linkage (313, 323) is pivotably attached to the one linkage and the first connected bucket lift mechanism (311, 321).
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. CN 113492900 A in view of Heberling et al. US 7018155.
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As for claims 6 and 7, Huang disclose all the limitations as recited above but does not specify wherein at least one hydraulic cylinder which prevents the lifting mechanism from lowering too abruptly; wherein the at least one hydraulic cylinder is pivotably attached to the base and the lifting mechanism. However, the use of hydraulic cylinders and/or gas springs for dampening a lifting apparatus from lowering abruptly is well known in the art as evidence by Heberling who teaches a container lifter having a linkage lifting mechanism (24, 26, 28) connected to a support base (14, 60) wherein a hydraulic cylinder (64) is pivotally attached to a base (14, 60) and the lifting mechanism to prevent the lifting mechanism from lowering too abruptly (col. 7, lines 39-67 - col. 8, lines 1-7; and hydraulic system, col. 10, lines 23-24). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the cart of Huang to include a hydraulic cylinder as taught by Heberling in order to provide a means for controlling the speed at which the bucket is raised and lowered.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. CN 113492900 A in view of Schmucker et al. US 2009/0194751 as applied to claim 5 above, and further in view of Heberling et al. US 7018155.
As for claim 8, the modified Huang teaches all the limitations as recited above but does not specify wherein at least one hydraulic cylinder which prevents the lifting mechanism from lowering too abruptly; wherein the at least one hydraulic cylinder is pivotably attached to the base and the lifting mechanism. However, the use of hydraulic cylinders and/or gas springs for dampening a lifting apparatus from lowering abruptly is well known in the art as evidence by Heberling who teaches a container lifter having a linkage lifting mechanism (24, 26, 28) connected to a support base (14, 60) wherein a hydraulic cylinder (64) is pivotally attached to a base (14, 60) and the lifting mechanism to prevent the lifting mechanism from lowering too abruptly (col. 7, lines 39-67 - col. 8, lines 1-7; and hydraulic system, col. 10, lines 23-24). It would have been obvious to one of ordinary skill in the art, before the effective filing date, to modify the cart of Huang to include a hydraulic cylinder as taught by Heberling in order to provide a means for controlling the speed at which the bucket is raised and lowered.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TYRONE V HALL JR whose telephone number is (571)270-5948. The examiner can normally be reached Mon.-Fri. 7:30am-3:30pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Monica Carter can be reached at (571) 272-4475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TYRONE V HALL JR/Primary Examiner, Art Unit 3723
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