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 .
DETAILED ACTION
Claims 32 – 42 have been examined. Claims 1 – 31 have been canceled by Applicant.
Claim Rejections - 35 USC § 103
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 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 32 – 42 are rejected under 35 U.S.C. 103 as being unpatentable over Tirikainen (JP2013530088) in view of Green (12,330,846). In regard to claims 32 and 37, Tirikainen discloses a dolly frame adapted to accept a top, the dolly frame comprising a rectangular-shaped body/quadrilateral tubular frame having a top surface, a bottom surface, a central thru hole extending through the top surface and the bottom surface, and at least one connecting element for coupling the top lid to the body (Figs. 1 and 6, items 10 and unnumbered holes through which items 15 extend), and a plurality of casters coupled to the bottom surface of the body and configured to allow the body to roll on a surface (Fig. 1, item 30).
In regard to claims 33 and 40, Tirikainen discloses wherein the at least one connecting element is a mounting aperture extending through the top surface and the bottom surface in order to receive a fastening element (Fig. 6, unnumbered holes through which items 15 extend).
In regard to claim 34, Tirikainen discloses wherein the at least one connecting element includes a first connecting element on a first side of the rectangular-shaped body and a second connecting element on an opposing second side of the rectangular-shaped body (Fig. 6).
In regard to claims 35 and 39, Tirikainen discloses wherein the frame is configured to receive the top in a snap-fit manner such that the top surface is engaged with the top (Figs. 1 and 2).
In regard to claim 38, Tirikainen discloses wherein at least a portion of the top is disposed within the central thru hole in response to the channel of the tote lid being received onto the quadrilateral tubular frame (Figs. 1 and 2).
In regard to claim 41, Tirikainen discloses wherein said frame has an inner side and an outer side and a width of said frame between said inner side and said outer side is less than a width of said channel of said top (Figs. 1 and 2).
Tirikainen does not disclose the use of a tote lid as the dolly top. In regard to claims 32 and 37, Green discloses a dolly adapted to accept a tote lid, the dolly comprising a tote lid to a body (Fig. 7A, item 12).
In regard to claim 42, Green discloses wherein said top of said dolly frame is generally planar for location adjacent a generally planar inside surface of said channel of said tote lid (Fig. 7A).
The addition of these features would result in a predictable variation that one of ordinary skill in the art would recognize as no more than the predictable use of prior art elements according to their established functions, which has been held unpatentable under 35 U.S.C. 103(a), absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art. Ex Parte Smith, 83 USPQ.2d 1509, 1518-19 (BAPI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ2d 1385, 1396 (2007)).
Tirikainen in view of Green does not disclose the use of a curved corner body/frame. In regard to claims 36 and 39, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a curved corner body/frame, since it has been held such a modification would have involved a mere change in the shape of a component. A change in shape is generally recognized as being within the level or ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Ulmer (2,003,162) discloses an adjustable dolly;
Kivett et al. (3,376,046) disclose a material handling system;
Chang (5,299,817) discloses an adjustable mobile base;
Hewitt (6,109,625) discloses a mobile base;
Sullivan et al. (6,983,946) disclose a transportable container apparatus;
Green (6,783,147) discloses a cooler cart;
Dubois et al. (7,066,477) disclose a transport dolly;
Alexander (7,726,669) discloses a collapsible table and dolly;
Hadar et al. (8,104,775) disclose a dolly;
Lorrigan (9,415,786) discloses an expandable cooler cart;
Saeli et al. (2020/0130719) disclose an adjustable transport cart;
Luo (CN108382434) discloses a variable dolly with adjustable length and width.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN DANIEL WALTERS whose telephone number is (571)272-8269. The examiner can normally be reached M-F, 8 am - 5 pm (PT).
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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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/JOHN D WALTERS/ Primary Examiner, Art Unit 3613
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