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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “106” in Figure 1 has been used to designate both rear wheel 106 and what appears to be bottom wall wheel 106. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: handle 104 is not labeled in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 17 is objected to under 37 CFR 1.75 as being a substantial duplicate of claim 15. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
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 7 and 12 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as failing to set forth 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.
Regarding claim 7, the phrase “a body having a top” in line 2 is used. It is not clear whether top refers to the open area produced as a result of the side, rear, front, and bottom walls, or if top is in reference to the top portion of the bottom wall. Appropriate correction and/or clarification is required. For the purposes of examination, the Office will interpret “top” as a reference to the area bound by the side walls, the rear wall, and the front wall.
Regarding claim 12, the phrase “wherein the body is comprised of a rectangular shape.” It is unclear which side of the body forms a “rectangular shape” as rectangular typically refers to a 2-dimentional shape. It is further unclear whether applicant meant rectangular prism (a 3-dimentional shape), or a cuboid. Appropriate correction and/or clarification is required. For the purposes of examination, the Office will interpret “rectangular shape” to mean as disclosed in the specification: “The body, in the preferred embodiment, is rectangular in shape such that the body is comprised of two side walls, a rear wall, a bottom wall, and a front wall.”
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.
Claims 13 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Verso (ITCR20090021A1).
Regarding claim 13, Verso discloses a method of using a tailgate shopping cart device (shopping trolley, Fig. 1), the method comprising the following steps: providing a tailgate shopping cart device comprised of a body comprised of a front wall (shopping trolley body features front wall 2; Fig. 2), and a wheel (rollers 5 arranged on the bottom 8; Fig. 2); placing an item into the body of the cart atop the wheel (basket load compartment where rollers 5 are located; Fig. 1, Para [0003]); pushing the cart device (frame T is equipped with swivel wheels R, for supporting and moving, and with an appropriate maneuvering bar M; Para [0012]) to an open trunk of a vehicle (this trolley facilitates the transfer by sliding of the purchased goods, or of the bags containing the same, into the trunk of a possible vehicle; Para [0008]); disengaging a locking mechanism of the cart device (opening the relative locking means 4, and the lowering of the side wall 2 of the basket container 1; Para [0014]) and rotating the front wall outward by moving the front wall along a hinge (joining elements comprise hinges (3) adapted to allow the opening side (2) to rotate 180°; claim 5, Fig. 2); and pushing the item from the body into the vehicle along the wheel on a bottom wall of the cart (plurality of rollers 5, arranged on the bottom of the basket container 1, with a rotation axis parallel to the opening side 2 thereof, such as to facilitate the transfer by sliding and translation on the same of the goods towards the outside of the container; Para [0012]).
Regarding claim 20, Verso further discloses:
wherein the front wall (front wall, Fig. 2) and a first side wall (side wall 1; Fig. 2) of the body attach to the locking mechanism (locking means 4 is used to maintain side wall 1 and front wall attached; Figs. 1 and 2).
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Verso, Figure 1
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.
Claims 1-3, 6, 7, 10-12, 14, 15, 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Verso (ITCR20090021A1) in view of Killy (US20250313249A1).
Regarding claim 1, Verso discloses a tailgate shopping cart (shopping trolley facilitates transfer of purchased goods into trunk of a vehicle; Para [0008], Fig. 1) device comprising: a body comprised of a bottom wall (bottom wall 8; Fig. 1), a first side wall (side wall 1; Fig. 2), a second side wall (second side wall; Fig. 2), a rear wall (rear wall; Fig. 2), a front wall (front wall 2; Fig. 2), a wheel positioned on the bottom wall (rollers 5 arranged on the bottom 8; Fig. 2); and a locking mechanism configured to secure the front wall to the first side wall, the second side wall, or the bottom wall (locking means 4 locks front wall to both side walls; Fig. 2).
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Verso, Figure 2
Verso however does not disclose that the front wall is attached to the first side wall or the second side wall via a hinge.
However, Killy in the field of shopping carts teaches that the front wall (front panel 104, Fig. 2D) is attached to the first side wall or the second side wall (second side panel 102; Fig. 2D) via a hinge (single elongate hinge 205; Fig. 2D).
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Killy, Figure 2D
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the front wall configuration of Verso with the hinge placement and front wall configuration of Killy in order to allow for various rotation directions of the front panel to accommodate different vehicle trunk or tailgate types.
Regarding claim 2, Killy further teaches:
wherein the locking mechanism is comprised of a clip (Fig. 6C is a front perspective view of a side clip used in the improved shopping cart; Para [0047]).
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Killy, Figure 6C
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the locking means of Verso with the clip Killy for the purpose of allowing a more rapid opening and closing of the front door for quicker access to the contents of the shopping cart.
Regarding claim 3, Killy further teaches:
wherein the locking mechanism is comprised of a latch (Fig. 6D is a front perspective view of a closing latch hook used in the improved shopping cart; Para [0048]).
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Killy, Figure 6D
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the locking means of Verso with the latch used in Killy for the purpose of accommodating a more secure connection of the front wall to one of the side walls.
Regarding claim 6, Verso further discloses wherein the body is comprised of a handle (handle M, Fig. 2).
Regarding claim 7, Verso further discloses a tailgate shopping cart device (shopping trolley facilitates transfer of purchased goods into trunk of a vehicle; Para [0008], Fig. 1) comprising: a body having a top (open area between rear wall, two side walls, front wall, and bottom wall, Fig. 1), a bottom wall (bottom wall 8; Fig. 1), a first side wall (side wall 1; Fig. 2), a second side wall (second side wall; Fig. 2), a rear wall (rear wall; Fig. 2), and a front wall (front wall 2; Fig. 2), wherein the top of the body is open (open area between rear wall, two side walls, front wall, and bottom wall, Fig. 1); a wheel positioned on the bottom wall (rollers 5 arranged on the bottom 8; Fig. 2); and the front wall further comprising a locking mechanism to secure the front wall to the second side wall (locking means 4 locks front wall to both side walls; Fig. 2).
Verso however does not disclose that the front wall is attached to the first side wall via a hinge, allowing the front wall to rotate outward.
However, Killy in the field of shopping carts teaches wherein the front wall is attached to the first side wall via a hinge (single elongate hinge 205 attached to side panel 102 and front panel 104; Fig. 2D), allowing the front wall to rotate outward (the rotational direction 107 of the front panel 104 is shown indicating the front panel 104 may include an arced swing pattern; Para [0057], Fig. 2D).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the front wall configuration of Verso with the hinge placement and outward rotation of Killy in order to allow for the front panel to open in a manner as to not be obstructed by items placed in the cart by the user.
Regarding claim 10, Verso further discloses wherein the body is comprised of a secondary wheel (plurality of rollers 5 arranged on the bottom 8; Fig. 2).
Regarding claim 11, Verso further discloses wherein the wheel rotates parallel to the first side wall and the second side wall (axis of rotation of rollers 5 shown to be perpendicular to first and second side wall thereby making rotation of rollers 5 to be parallel with first and second side walls; Fig. 2).
Regarding claim 12, Verso further discloses wherein the body is comprised of a rectangular shape (the body is formed of two side walls, bottom wall, rear wall, and front wall, thereby formulating a rectangular shape, while the top is open to allow for placement or removal of items; Figs. 1 and 2).
Regarding claim 14, Verso does not disclose the following which is taught by Killy:
wherein the front wall (front panel 104, Fig. 2D) attaches to a side wall (side panel 102; Fig. 2D) via the hinge (single elongate hinge 205; Fig. 2D).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the front wall attachment configuration of Verso with the hinge placement and front wall attachment configuration of Killy in order to allow for various rotation directions of the front panel to accommodate different vehicle trunk or tailgate types.
Regarding claim 15 and 17, Verso does not teach the following which is taught by Killy:
wherein the locking mechanism is comprised of a clip (Fig. 6C is a front perspective view of a side clip used in the improved shopping cart; Para [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the locking means of Verso with the clip Killy for the purpose of allowing a more rapid opening and closing of the front door for quicker access to the contents of the shopping cart.
Regarding claim 18, Verso further discloses wherein the body is comprised of a secondary wheel (plurality of rollers 5 arranged on the bottom 8; Fig. 2).
Regarding claim 19, Verso further discloses wherein the body is comprised of a handle (handle M, Fig. 2).
Claims 4 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Verso (ITCR20090021A1) in view of Killy (US20250313249A1) as applied to claim 1 above, and further in view of Eckel et al. (DE202012104083U1) in the field of shopping carts.
Regarding claim 4, the above combination does not teach the following which is taught by Eckel:
wherein the locking mechanism is comprised of a button (If the shopping cart 1 comes to the trunk 6 of a car, the button 4 is pressed and the front wall 2 is folded horizontally forward and downward; Para [0010], Fig. 1).
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Eckel, Figure 1
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the locking means of Verso with the button of Eckel for the purpose of allowing for a quicker disengagement of the front door with the side wall.
Regarding claim 16, Verso does not teach the following which is taught by Eckel:
wherein the locking mechanism is comprised of a button (If the shopping cart 1 comes to the trunk 6 of a car, the button 4 is pressed and the front wall 2 is folded horizontally forward and downward; Para [0010], Fig. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the locking means of Verso with the button of Eckel for the purpose of allowing for a quicker disengagement of the front door with the side wall.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Verso (ITCR20090021A1) in view of Killy (US20250313249A1) as applied to claim 1 above, and further in view of Hicks (US5690395) in the field of shopping cart wheel assemblies.
Regarding claim 5, the above combination does not teach the following which is taught by Hicks:
wherein the wheel is comprised of a ball bearing wheel (ball bearing wheel; Fig. 5).
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Hicks, Figure 5
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the rollers of Verso with the ball bearing wheel of Hicks in the location disclosed by Verso in order to facilitate movement of heavy items by reducing friction (Hicks; Col. 2, Lns. 34-38).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Verso (ITCR20090021A1) as applied to claims 7 and 13 above, and in view of Hicks (US5690395) in the field of shopping cart wheel assemblies.
Regarding claim 8, the above combination does not teach the following which is taught by Hicks:
wherein the wheel is comprised of an axle (axle 23, Fig. 2).
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Hicks, Figure 2
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the roller wheel of Verso with the axle assembly of Hicks for the purpose of allowing stable movement and preventing wobbling of the wheel during the egress of shopping cart items.
Regarding claim 9, Hicks further teaches:
wherein the wheel rotates 360 degrees around the axle (steel ball bearings 17 ride along the outer bearing race 16 as well as the inner bearing race 18 of male bearing race member 19; Col. 2, Lns. 12-21, Fig. 1).
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Hicks, Figure 1
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention with a reasonable expectation of success of arriving at the claimed invention to substitute the wheel of Verso with the 360 degrees of freedom wheel used in Hicks for the purpose of allowing a smooth, non-stop motion of the grocery items into the trunk of the vehicle.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
US Patent Number 6,070,899 to Gines is directed to self-retracting cart for use in the cargo bay of a sport utility vehicle. Gines discloses a rectangular-parallelepiped-shaped basket for holding items, a front wheel assembly, and a handle assembly (Fig. 1). Cart may be pushed by the user towards a vehicle rear compartment door.
US Patent Number 11,214,290 to Elvey-Toombs is directed to a shopping cart for carrying purchased items in a retail environment. A ramp is provided that is positionable in a closed position to retain the purchased items in the cage. Conversely, the ramp may be positionable in an open position having the ramp sloping downwardly from the cage (Fig. 1). A plurality of rollers 48 is each rollably attached to the ramp 40 to enhance rolling the purchased items 14 along the ramp 40 for loading the purchased items 14 into the vehicle 42 (Col. 2, Ln. 67 - Col. 3, Ln. 3, Fig. 1).
KR Patent Number 20-0455453 to Kim is directed to a shopping cart which uses a plurality of rollers 32 at the top portion of the bottom wall that aid in the egress of items inside the basket portion (Fig. 1).
US Patent Number 2005/0012286 to Woodrow is directed to a shopping cart that includes a frame supported by a plurality of wheels for rolling the shopping cart around a store, a basket portion supported by dual wheels 176 (Fig. 2) to facilitate pushing of the shopping cart basket onto a conveyor belt.
US Patent Number 3,039,564 to Shaukis is directed to a shopping cart checking out system. The shopping cart includes a basket portion with a closure frame 22 (Fig. 3). A closure 18 can move to a horizontal position so that its lugs 28 can engages slots in the check-out counter 29 and with the closure 18 in such a horizontal position, the articles can be conveniently removed from the compartment 13 and placed on the counter 29 (Col. 2, Lns. 43-61).
WO Patent Number 2020/212521 to Vermeulen is directed to a shopping cart with a basket section which features a rear gate. Vermeulen further discloses rolling elements which make it easier to move a load from the basket and into an exterior of the shopping cart (Fig. 2).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SALIM JOSEPH ALAM whose telephone number is (571)270-3992. 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, Vivek Koppikar can be reached at (571) 272-5109. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.J.A./Examiner, Art Unit 3612
/VIVEK D KOPPIKAR/Supervisory Patent Examiner
Art Unit 3612
August 25, 2026
