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 21 – 24, 32 – 39, and 41 – 42 have been examined. Claims 1 – 20 have been canceled by Applicant. Claims 25 – 31, 40, and 43 have been withdrawn by Applicant via election/restriction.
Election/Restrictions
Claims 25 – 31, 40, and 43 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 23 March 2026.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 21 – 23, 32 – 34, 36 – 39, and 41 – 42 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gavin (12,151,731). In regard to claims 21, 36, 39, and 42, Gavin discloses a motorized collapsible cart with a compartment foldable between an open condition forming a compartment and a closed condition, the motorized collapsible cart comprising a foldable frame having a bottom assembly, a front assembly, a rear assembly, and two side assemblies (Fig. 7, items 110, 120, 180, 140, and 160), each of the side assemblies comprising a front section having a frontmost extent and a rearmost extent, the front section being pivotally coupled at its frontmost extent to the front assembly (Fig. 7, front quarter of items 140 and 160), a rear section having a frontmost extent and a rearmost extent, the rear section being pivotally coupled at its rearmost extent to the rear assembly (Fig. 7, rear quarter of items 140 and 160), and a central section longitudinally defined between a first pivotal connection at the rearmost extent of the front section and a second pivotal connection at the frontmost extent of the rear section, the central section comprising cross brace members extending from the front section to the rear section (Fig. 7, central half of items 140 and 160), a battery (Fig. 3, item 750), a first electrical line connected to the battery (Figs. 3 and 7, unnumbered connections between components in item 600), a plurality of wheel assemblies, one or more of which is motor-driven and powered by the first electrical line (Figs. 3 and 7, items 321, 322, and 700), and a handle pivotally coupled to the front assembly of the motorized collapsible cart (Fig. 7, item 500) wherein in the open condition, the front assembly and rear assembly extend upwardly from opposite ends of the bottom assembly, each side assembly extends upwardly between the front and rear assemblies along a respective lateral edge of the bottom assembly, such that the foldable frame defines an open-topped compartment (Fig. 7), and wherein in the closed condition, the front assembly, rear assembly and side assemblies are folded inwardly toward the bottom assembly, thereby forming a compact structure for storage or transport (column 3, line 66 – column 4, line 44).
In regard to claim 22, Gavin discloses a front-facing housing, the battery disposed within the front-facing housing (Figs. 3 and 7, item 600).
In regard to claims 23, 36, and 41, Gavin discloses a second electrical line connecting the battery to the handle (Fig. 3, unnumbered connection between items 750 and 890).
In regard to claim 32, Gavin discloses wherein the handle is telescoping and pivotally coupled to the front assembly (column 4, lines 45 – 53).
In regard to claims 33 and 41, Gavin discloses a flexible material mounted inside the foldable frame to define at least a portion of the interior surface of the compartment in the open condition (Fig. 7, item 200).
In regard to claim 34, Gavin discloses wherein the front assembly is pivotally coupled to the bottom assembly (column 3, line 66 – column 4, line 44).
In regard to claims 37 and 41, Gavin discloses wherein the third and fourth assemblies comprise scissoring lattice members (Fig. 7).
In regard to claim 38, Gavin discloses wherein the third and fourth assemblies are adapted to fold longitudinally and upwardly (column 3, line 66 – column 4, line 44).
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.
Claim 24 is rejected under 35 U.S.C. 103 as being unpatentable over Gavin (12,151,731) as applied to claims 21 – 23, 32 – 34, 36 – 39, and 41 – 42 above, and further in view of Ma (11,981,364). Gavin does not disclose the use of wheel locks. In regard to claim 24, Ma discloses a cart wherein one or more of a plurality of wheel assemblies includes a lock (Fig. 22, item 63).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the wheel locks of Ma, to the cart of Gavin, in order to allow a user to hold the cart from moving. This would enable the cart to be left on a slope or other uneven ground.
Claim 35 is rejected under 35 U.S.C. 103 as being unpatentable over Gavin (12,151,731) as applied to claims 21 – 23, 32 – 34, 36 – 39, and 41 – 42 above, and further in view of Horowitz (9,145,154). Gavin does not disclose the use of a cover. In regard to claim 35, Horowitz discloses a cart comprising a cover adapted to enclose a compartment formed by the cart in an open condition (Fig. 2, item 5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the cover of Horowitz, to the cart of Gavin, to provide shade and protection from the weather (column 3, lines 51 – 53).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Horowitz (10,040470) discloses a folding wagon having a canopy;
Horowitz (10,562,556) discloses a folding wagon having a fold-down seat;
Chu (11,851,097) discloses a foldable trolley;
Parubrub (2022/0177018) discloses a motorized folding all-terrain wagon;
Lin (2024/0075973) discloses a stroller with detachable auxiliary power structure.
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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