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
This is the first Office action on the merits. Claims 1-15 are currently pending.
Priority
Acknowledgment is made of applicant's claim for priority from provisional application 63614548 filed on 12/23/2023.
Drawings
The drawings are accepted.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pearce, US 4,190,260 in view of MacKarvich US2021/0009183.
Claim 1, Pearce discloses: An apparatus for protecting floor surfaces from a wheelbarrow (wheelbarrow 10) of a type that includes an anterior frame structure (see frame illustrated by numerous element numbers in Fig. 1) having a nose (U-shaped from frame member 12) and a wheel rotatable about a wheel axis (wheel 80 rotates about axle 84) and a posterior frame structure having two legs (legs 150, 160), a handle structure (handles 40, 60), and a tray (box 210), the apparatus comprising: a wheelbarrow nose protector attachable to the nose of the anterior frame structure forward of the wheel (protective bumper 24 secured to nose portion 14 by fasteners 26), said nose protector including a bumper constructed of a resilient material (bumper 24 is made of rubber or heavy plastic, col. 3, lines 54-56) that is configured to provide a non-marring interface with the floor surface (rubber or heavy plastic would provide a non-marring interface with the floor); and a pair of sliders attachable to respective legs of the posterior frame structure (a pair of pads 154, 164 are secured to the bottom of legs 150, 160), each slider including an auxiliary bumper configured to cover a bottom of each leg (as shown in Fig. 1 pads 154 and 164 cover the bottom of each leg) and constructed of a resilient material that is configured to provide a non- marring interface with the floor surface.
While Pearce discloses pads 154 and 164 on the bottom of each leg 150 and 160, Pearce is silent about the material composition of the pads 154 and 164. However, MacKarvish, which is directed to a cart having front wheels and back legs, discloses each foot 134, 136 comprises a foot pad 140a,b which can comprise resilient and durable material, including ethylene propylene diene monomer (“EPDM”) rubber, polychloroprene (“Neoprene”) rubber, or other natural or synthetic rubbers. See paragraph [0031].
It would have been obvious to one of ordinary skill in the art before the time of the claimed invention that the pads taught by Pearce could be made of a resilient material as disclosed by MacKarvish at least because selecting the material of a component such as a pad is a design choice and resilient materials were a known pad material before the time of the claimed invention.
Claim 6, Pearce discloses wherein said each slider is detachably coupled to the bottom of said each leg of said posterior frame structure (pads 154 and 164 on the bottom of each leg 150 and 160 are positioned so as to be capable of being slide off of the bottom of each leg).
Claim 7, Pearce discloses wherein said each slider is attached to said respective leg of the posterior frame structure via a friction fit, fasteners, or a combination thereof. Pearce discloses “A pair of pads 154 and 164 are secured to the bottom of the legs 150 and 160, respectively. The pads are appropriately secured to the legs.” Col. 5, lines 52-56. It is implied that the pads are secured using a known method of attachment. Pearce is silent about what kind of attachment is used however, friction fit and fasteners are well known appropriate means for securing. It would have been obvious to one having ordinary skill in the art before the time of the claimed invention to use friction fit and/or fasteners for securing the pads.
Claim 8, Pearce does not explicitly disclose “said auxiliary bumper of said each slider includes rubber, silicone, plastic, foam, or a combination thereof.” However, MacKarvish discloses each foot 134, 136 comprises a foot pad 140a,b which can comprise resilient and durable material, including ethylene propylene diene monomer (“EPDM”) rubber, polychloroprene (“Neoprene”) rubber, or other natural or synthetic rubbers. See paragraph [0031]. For at least the reasons set forth above for claim 1, it would have been obvious to use pads that “comprise resilient and durable material, including ethylene propylene diene monomer (“EPDM”) rubber, polychloroprene (“Neoprene”) rubber, or other natural or synthetic rubbers” as taught by MacKavish.
Claim(s) 1 is/are rejected under 35 U.S.C. 103 as being unpatentable over Strobel US2007/0001411 A1 in view of MacKarvich US2021/0009183.
Claim 1, Strobel discloses An apparatus for protecting floor surfaces from a wheelbarrow (See the wheel barrow in Fig. 7) of a type that includes an anterior frame structure (see the collection of frame elements in Fig. 7) having a nose (swivel assembly 40) and a wheel rotatable about a wheel axis (wheels 22) and (axle 24) a posterior frame structure having two legs (legs 16 and 17), a handle structure (handle assemblies 12, 13, 14), and a tray (tray 11), the apparatus comprising: a wheelbarrow nose protector (rubber bumper 96) attachable to the nose of the anterior frame structure forward of the wheel (as shown the bumper 96 is forward of the wheel in Fig. 7), said nose protector including a bumper constructed of a resilient material (rubber bumper 96 is resilient) that is configured to provide a non-marring interface with the floor surface.
Strobel does not explicitly disclose “a pair of sliders attachable to respective legs of the posterior frame structure, each slider including an auxiliary bumper configured to cover a bottom of each leg and constructed of a resilient material that is configured to provide a non- marring interface with the floor surface.” However, MacKarvish, which is directed to a cart having front wheels and back legs, discloses each foot 134, 136 comprises a foot pad 140a,b which can comprise resilient and durable material, including ethylene propylene diene monomer (“EPDM”) rubber, polychloroprene (“Neoprene”) rubber, or other natural or synthetic rubbers. See paragraph [0031].
It would have been obvious to one of ordinary skill in the art before the time of the claimed invention to incorporate pads on the end of each leg as taught by Mackavish that are made of a resilient material at least because using pads on the legs of the wheelbarrow was known as where the advantages thereof including slip resistance and non-marring properties. Further it would have been obvious to one of ordinary skill in the art to select the material of pads which is merely a design choice and resilient materials were a known pad material before the time of the claimed invention.
Claim 2, Strobel discloses the nose protector includes: a support coupled to the nose and that extends transverse to the wheel and parallel to the wheel axis (axle support member 80, including 81 and 82 which is oriented transverse, see Fig. 7), the bumper being pivotally coupled to the support via a pivot structure (swivel bar 90 which connects to bumper 96 is pivotally coupled to flange 81) such that said bumper is operable for rotational movement about a longitudinal axis and for tilting movement relative to the longitudinal axis (see Figs. 8, 15 and 16).
Claim 3, Strobel wherein said pivot structure includes a pin (swivel bar 90), hinge, or ball joint extending through a hub (stop bushing 87) so as to permit angular rotation and tilting movement of said bumper (See Figs, 8, 15 and 16, the swivel bar permits rotation of the bumper 96).
Claim 4, Strobel discloses a biasing mechanism mounted to the support operable for biasing the bumper toward a position parallel to the support (see spring 125, see paragraphs 0044, 0045).
Claim 5, Strobel disclose im 4, wherein said biasing mechanism includes a pair of springs mounted to a rear surface of said support and positioned opposite one another, said pair of springs being coupled to opposite sides of said hub and being movable between (1) offset and expanded configurations when said bumper is rotatably articulated relative to said support and (2) compressed configurations when said bumper is parallel with said support.
Claim 9 recites a combination of features from claims 1 and 4 previously rejected. Therefore, for at least the reasons set forth above for claims 1-4, Strobel in view of MacKarvich discloses all of the features of claim 9.
Claim 10, Strobel discloses wherein the support is coupled to the nose and extends transverse to the wheel and parallel to the wheel axis (axle support member 80, including 81 and 82 which is oriented transverse, see Fig. 7).
Claim 11, Strobel discloses wherein said pivot structure includes a pin (swivel bar 90), hinge, or ball joint extending through a hub (stop bushing 87) mounted on said support so as define said longitudinal axis and to permit angular rotation of said bumper relative to said support (See Figs, 8, 15 and 16, the swivel bar permits rotation of the bumper 96).
Claim 12. The apparatus as in claim 11, wherein said biasing mechanism includes a pair of springs mounted to a rear surface of said support and positioned opposite one another, said pair of springs being coupled to opposite sides of said hub and being movable between (1) offset and expanded configurations when said bumper is rotatably articulated relative to said support and (2) compressed configurations when said bumper is parallel with said support.
Claim 13, MacKarvich discloses what Strobel lacks, wherein said each slider is detachably coupled to the bottom of said each leg of said posterior frame structure (as shown in Figs. 1 and 5, the foot pads 140 are secured with fasteners to each foot). For at least the reasons set forth above for claim 1 it would have been obvious to incorporate the teachings of foot pads into the wheelbarrow of Strobel.
Claim 14, MacKarvish discloses what Strobel lacks, wherein said each slider is attached to said respective leg of the posterior frame structure via a friction fit, fasteners, or a combination thereof (as shown in Figs. 1 and 5, the foot pads 140 are secured with fasteners to each foot). For at least the reasons set forth above for claim 1 it would have been obvious to incorporate the teachings of foot pads into the wheelbarrow of Strobel.
Claim 15, MacKarvish discloses what Strobel lacks, wherein said auxiliary bumper of said each slider includes rubber, silicone, plastic, foam, or a combination thereof. MacKarvish discloses each foot 134, 136 comprises a foot pad 140a,b which can comprise resilient and durable material, including ethylene propylene diene monomer (“EPDM”) rubber, polychloroprene (“Neoprene”) rubber, or other natural or synthetic rubbers. See paragraph [0031]. For at least the reasons set forth above for claim 1, it would have been obvious to use pads as taught by MacKavish.
Allowable Subject Matter
Claims 5 and 12 are 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 an examiner’s statement of reasons for allowance: claims 5 and 12 provide sufficient structural details about the “biasing mechanism” that are not taught or rendered obvious by the prior art.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See attached Notice of References Cited.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB S. SCOTT whose telephone number is (571)270-3415. The examiner can normally be reached Monday-Friday, 10am-6pm.
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/JACOB S. SCOTT/Supervisory Patent Examiner, Art Unit 3655
