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 under 37 CFR 1.83(a) because they fail accurately show the wagon as described in the specification. Particularly, Fig. 10 is described as a side view of the device, but the depiction provided is shows otherwise hidden features and shows other features on the wrong side of each other. First, this side view shows the aperture 112 on the outboard face of the central frame member 38, but the specification has this feature located on the inboard wall of the central frame member 38 and would not be visible in a side view. Lastly, the two side links (40/42 - not numbered in Fig. 10) are shown being behind the bottom frame members 34/36, but in the rest of the disclosure, these links would be outside of these frame members and would be fully visible in a side view.
Examiner suggest using a dashed leader line for aperture 112 (typically a phantom line depicting the hole would also be appropriate, but the feature’s size on the page likely would leave this change irrelevant). Examiner also suggest using a cut-away break in the two links above the lower hub 44 and the inclusion of the links’ connection points 84/88 on the bottom frames 34/36 with another broken/cut-away portion of the links - along with an amendment to the drawing description to show it as a partial cut-away view.
Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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 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 3-20 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 3 recites the limitation "the first end of the cam member” in its eleventh line. There is insufficient antecedent basis for this limitation in the claim. Claims 4-10 are rejected as being dependent on rejected claim 3.
Claim 11 recites that the cam member is moved both “axially” and “longitudinally.” This causes the claim to be indefinite as it is unclear whether these features are describing the same movement or if these features should be interpreted to somehow describe different directions. Claims 12-20 are rejected as being dependent on rejected claim 11.
Claim 14 recites the limitation "the central frame” in its second line. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitations "the first end” of “the lower support” and “the second end” in its second and third lines. There is insufficient antecedent basis for these limitations in the claim.
Claim 16 recites the limitations "the first end” of the slider and “the second end” of the slider in its third and fifth lines. There is insufficient antecedent basis for these limitations in the claim.
Claim 19 recites the limitations "the opening” of the slider and “the aperture in the central frame member” in its second and third lines. There is insufficient antecedent basis for these limitations in the claim.
Claim 20 recites the limitation "the cam surface” in its fourth line. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (11,465,664).
Regarding claims 1-20, Choi discloses a wagon frame locking mechanism for a wagon (see Figs. 12 and 19-22), comprising:
a handle housing (137) having a first end and a second end (see Fig. 19);
a first top frame member (131) pivotally connected to the first end of the handle housing; a second top frame member (also denoted 131 in the Figs.) pivotally connected to the second end of the handle housing;
a lower support (135 in Fig. 21) having a first end and a second end;
a central frame member (133) of the wagon having a first end (top) and a second end (bottom), the first end of the central frame member (133) being connected to a bottom of the handle housing (137) and the second end of the central frame member being connected to a top of the lower support (135; see Fig. 19), the central frame member (133) having an aperture (D’ ; see annotated Fig. 20 and Col. 12, lines 56-60 describing how the lock 133a-1 protrudes out of the central frame to engage the slider 136);
a slider member (136) slidingly connected to the central frame member (see Fig. 21 and Col. 12, lines 30-36), the slider member having a first end, a second end, a central bore through which the central frame member extends (see Col. 12, lines 30-36 describing the central frame 133 sliding within a bore through the slider/link 136), and a receiver (e.g., the recess in Col. 12, lines 57-59);
a first bottom frame member (132) pivotally connected to the first end of the lower support (135); a second bottom frame member (also 132) pivotally connected to the second end of the lower support;
a first link member (134) having a first end and a second end, the first end of the first link member pivotally connected to the first end of the slider member (136, see e.g., Fig. 19), and the second end of the first link member (134) pivotally connected to the first bottom frame member (132; see e.g., Fig. 12 and Col. 12, lines 20-29); a second link member (also 134) having a first end and a second end, the first end of the second link member pivotally connected to the second end of the slider member, and the second end of the second link member pivotally connected to the second bottom frame member (see e.g., Fig. 12);
a carrier (see the rectangular structure A in the below annotated Fig. 20 that has two halves that fit within the inner walls of frame 133 and has a central bore that guides the vertically translatable cam member B) fixedly positioned within a bore of the central frame member (133, see e.g., Fig. 20), the carrier (A) having a cavity (C);
a cam member (B) positioned within the cavity (C) in the carrier (A), the cam member having a first end (D), a second end (E), a joining member (F) connecting the first end and the second end, and an opening (G) through the joining member, wherein the second end (E) of the cam member has a cam surface (H), and wherein the cam member (B) can transition generally linearly/axially/longitudinally within the cavity in the carrier (see Figs. 20 and 22 showing the wire pulling the cam/shuttle to cause the round protrusions on the lock pin 133a-1 to ride along the inclined camming surface to convert the vertical motion of the wire/cam member to a horizontal movement of the lock pin);
a push button (133a) slidingly connected to the housing (137), the push button having an extension (e.g., the wire in Figs. 20-22) that engages the first end (D) of the cam member (B);
a locking pin (133a-1) positioned partially within the cavity (C) of the carrier (B) and extending through the opening (G) in the cam member (B) and the aperture (D’) in the central frame member (133), and into the receiver (recess in Col. 12, lines 57-59) of the slider member (136) in a use position to fix the slider member in a first position (see Fig. 19) on the central frame member; and,
wherein when the push button (133a) is actuated the extension (wire) engages the cam member (B) to transition the cam member within the cavity (C) of the carrier (A) from a first position (Fig. 20) to a second position (Fig. 22), wherein when the cam member (B) transitions from the first position to the second position the cam surface (H) of the cam member engages the locking pin (133a-1, see Figs. 20 and 22) to axially move the locking pin transverse to the longitudinal movement of the cam member (i.e., along the axis of the lateral bore in the carrier B that allows the protruding end of pin 133a-1 to extend out and engage the slider 136) to an open position (Fig. 22), and wherein the locking pin (133a-1) is removed from the receiver (recess in slider 136) in the slider member to allow the slider member to move linearly on the central frame member to allow the wagon to collapse to a folded state (see Fig. 21).
PNG
media_image1.png
506
528
media_image1.png
Greyscale
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Particularly, U.S. Pat. 12,420,852 to Clemmer et al. provides a direct unlocking of an upper joint mounted button to the cam driven locking pin that retains a vertical slider.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEVE CLEMMONS whose telephone number is (313)446-4842. The examiner can normally be reached on 8-4:30 EST Monday-Friday.
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, J Allen Shriver can be reached on 303-297-4337. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEVE CLEMMONS/Primary Examiner, Art Unit 3618
Prosecution Insights