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 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 1-7 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.
In claim 1, line 9, it is not clear if “realized in the form of” is a closed term (like “consisting of”) that precludes other structure or an open term (like “comprising”) that allows for additional structure to form the claimed structure. Also in line 9, “plate-like” is an indefinite term that renders the associated structure unclear (what constitutes that is a structure “like” a plate?).
In claim 3, lines 1-2, “the different plate-like bodies” lacks clear antecedent basis in the claims. It is also unclear in that applicant appears to be claiming interchangeable structures even though applicant’s claim is to a “cart”, which is an apparatus (not a like or a system) that includes only one plate body.
In claim 4, line 2,”can be punched and bent” is unclear. Any structure “can be” punched or bent. It is not clear if applicant means to claim a body that is formed by punching and bending (a product by process limitation). Also, in line 2, “particularly” is indefinite in that it is not clear that the structure that follows is required or that it is only preferred.
In claim 5, it is not clear if a handle is required to meet the claim or simply that if the attachment part of claim 1 is a handle then it is a tubular frame (claim 1 recites one of alternative attachment parts). Also, the phrase “realized in the form of” is unclear, as indicated above.
Regarding claim 6, line 2, “an attachment part” is a double inclusion of the term that was introduced in claim 1.
In claim 7, line 1, “the seal” lacks clear antecedent basis in claim 7. Claim 7 depends from claim 1, whereas the “seal” is introduced in claim 6, which suggests that claim 7 should depend from claim 6. In lines 1-2, “realized in” is unclear, as explained above.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bertucci (PGPub 2023/0249883).
Regarding claim 1, Bertucci teaches a cleaning system cart (for cleaning medical facilities and hotels; para [0003], [0044]) comprising: a base module (platform 410; Figures 8A and 15), and attachment parts directly or indirectly arranged thereon, wherein said attachment parts are individually or in combination selected from the group composed of: casters 432 (Figure 9), handles (Figure 15), mountings for containers (several shown; for example 720, 73, in Figure 22), and mountings for cleaning devices (tool holder, in Figure 35, wherein the base module is realized in the form of a self-supporting, plate-like body (flat metal or composite plate with upturned edges, as seen in Figures 8-10), and wherein the plate-like body has fastening options (several mounting openings 418 taught, for attaching components to the platform 410; Figure 8A; para [0072]) for fastening the attachment parts.
Regarding claim 2, Bertucci teaches the plate-like body has upturns and/or in that the mountings for containers are at least in part realized in the form of recesses (Figures 8A and 23, for example, show an upturned peripheral edge on a platform base).
Regarding claim 3, different plate-like bodies can be interchanged (the cart is modular and any part can be detached and replaced, including the plate-like body/platform 410, 412, 414).
Regarding claim 4, the plate-like body is formed of a material that can be punched and bent (any material can be punched or bent, as discussed above), particularly of a stainless steel, a passivated metal or a fiber-reinforced composite (metal, alloy, and composite materials are specifically taught; para [0071).
Claim(s) 1-3 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by EP1437283 to Salmon.
Regarding claim 1, Salmon teaches a cleaning system cart (see title) comprising: a base module (platform 2), and attachment parts 4-14 directly or indirectly arranged thereon, wherein said attachment parts are individually or in combination selected from the group composed of: casters 1, handles 6, mountings for containers 14, 15, and mountings for cleaning devices, wherein the base module is realized in the form of a self-supporting, plate-like body (platform 2), and wherein the plate-like body has fastening options (fastening devices 3) for fastening the attachment parts.
Regarding claim 2, Salmon teaches the plate-like body 2 has upturns (upturned edges of platform 2 shown in Figure 1) and/or in that the mountings for containers are at least in part realized in the form of recesses (fastening means include depression in the platform).
Regarding claim 3, Salmon teaches a cart where different plate-like bodies can be interchanged (the cart is modular so various elements, including the platform, can be detached and replaced).
Regarding claim 5, Salmon teaches a handle 5, 6, is realized in the form of a tubular frame (Figure 3b shows the handle support 5 to be a hollow tube).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Bertucci in view of Black (USPN 4,084,288).
Regarding claims 6 and 7, Bertucci teaches all of the claimed features except for a seal between the plate-like body and an attachment part.
Black teaches a caster wheel 11 mounted to a plate-like body 48 with a seal (cup-shaped member 51 in Figure 2, col. 4, lines 8-21; forming a seal, col. 1, lines 16-22) between the plate-like body and an attachment part (Figure 2) that protects caster bearings and prevents shimmy or flutter of the caster wheel. The seal has a contact surface between the plate-like body 48 and the caster structure (Figures 2 and 3).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide a seal with a contact surface between the plate-like body and the caster, in view of Black, with a reasonable expectation of success, to protect the caster bearings and prevent shimmy or flutter of the caster wheel.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Bicklet, Phillips, Dixson, Breveglieriand, McClanahan, and Calmeise treach utility carts.
Hendzel teaches a utility cart made from stainless steel.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Anne Marie M. Boehler whose telephone number is (571)272-6641. The examiner can normally be reached Monday-Friday, 8-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Valentin Neacsu can be reached at 571-272-6265. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANNE MARIE M BOEHLER/Primary Examiner, Art Unit 3611
/ab/
