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 .
Information Disclosure Statement
The information disclosure statements (IDS) submitted on May 20, 2024 and April 30, 2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: In paragraphs [0034] and [0133], "FIG. 24B slows" should read "FIG. 24B shows". Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: "over laying" should read "overlaying". Appropriate correction is required.
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.
Claim 14 is 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 14 recites “the nesting utility cart is configured to accept more than one side wall for storage”. In the context of a stackable utility cart, storage is understood to imply stacked storage. It is not clear how the nesting utility cart can be stored with the side walls attached. Paragraph 0134 discloses one folding tube frame assembly installed in the top cart deck of the stack for storage or transport, as illustrated in Figures 24A-C. Although it is possible for the side walls to remain attached only to the top-most cart, claim 14 is not limited to the top cart deck of the stack and therefore clarification is needed.
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.
Claims 1, 3, 7, 8, 15, 17, 18, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Walther (DE 3627040).
Regarding claim 1, Walther discloses a nesting utility cart (Fig 1-3; paragraph [0014]) comprising:
a cart deck (platforms 10; Fig 1-3) having a first portion (bottom half of platform 10; Fig 1) and a second portion (top half of platform 10; Fig 1);
at least two wheels (the pair of castors 13; Fig 1-3; paragraph [0014]) each secured to opposing sides of the first portion of the cart deck (left and right corners in bottom half of the platform 10; Fig 1), and at least two wheels (the pair of castors 17; Fig 1-3; paragraph [0014]) each secured to opposing sides of the second portion of the cart deck (left and right corners in top half of the platform 10; Fig 1);
at least two orifices each through opposing sides of the first portion of the cart deck (the pair of openings 14; Fig 1; paragraph [0014]), and at least two orifices each through opposing sides of the second portion of the cart deck (the pair of openings 15; Fig 1; paragraph [0014]);
wherein the orifices are dimensioned to accept at least a portion of similar wheels of an overlaying similar cart deck (castors 13 and 17 fitting through openings 14 and 15; paragraph [0015]; Fig 1);
wherein the at least two orifices in the first portion of the cart deck and the at least two orifices in the second portion of the cart deck are in a position to receive the similar wheels of the overlaying similar cart deck (openings 14 and 15 corresponding to mounting locations of castors 13 and 17; paragraph [0014]; Fig 1);
wherein the overlaying similar cart deck is nested in a reverse manner with respect to the first portion and second portion of the cart deck (a second platform 10′, similar to first platform 10 and designated with prime to indicate the overlaying position, rotated by 180° in the plane of Fig 1; paragraph [0015]);
wherein the similar wheels of the overlaying similar cart deck nest within the at least two orifices in the first portion of the cart deck and the at least two orifices in the second portion of the cart deck (nested arrangement of castors and openings; paragraph [0015]; Fig 3); and
wherein each similar wheel protrudes below a bottom surface of the cart deck (castors 17′ of a second platform 10′ penetrating the openings 14 of a first platform 10; paragraph [0015]; Fig 3).
Regarding claim 3, Walther discloses the nesting utility cart of claim 1,
the first portion (bottom half of platform 10; Fig 1) including:
two first portion nesting assemblies (the pair of castors 13 and openings 14, collectively; Fig 1; paragraph [0014]), each first portion nesting assembly including one wheel (castor 13; Fig 1; paragraph [0014]) adjacent to one orifice (opening 14; Fig 1; paragraph [0014]); and
the second portion (top half of platform 10; Fig 1) including:
two second portion nesting assemblies (the pair of castors 17 and openings 15, collectively; Fig 1; paragraph [0014]), each second portion nesting assembly including one wheel (castor 17; Fig 1; paragraph [0014]) adjacent to one orifice (opening 15; Fig 1; paragraph [0014]).
Regarding claim 7, Walther discloses the nesting utility cart of claim 3, wherein the wheels in the two first portion nesting assemblies (the pair of castors 13 in the bottom half of platform 10; Fig 1; paragraph [0014]) are displaced from each other (lateral distance between castors 13; Fig 1) a greater distance than the wheels of the two second portion nesting assemblies (the pair of castors 17 in the top half of platform 10; Fig 1; paragraph [0014]) are displaced from each other (lateral distance between castors 17; Fig 1).
Regarding claim 8, Walther discloses the nesting utility cart of claim 3,
wherein the cart deck (platform 10; Fig 1; paragraph [0014]) comprises two corners in the first portion (top left and right corners of platform 10 connecting sides 12 and 16; Fig 1) and two corners in the second portion (bottom left and right corners of platform 10 connecting sides 12 and 11; Fig 1); and
wherein each first portion nesting assembly (each pair of castors 13 and openings 14; Fig 1; paragraph [0014]) and each second portion nesting assembly (each pair of castors 17 and openings 15; Fig 1; paragraph [0014]) is located in close proximity to a separate corner (each of the two castors 13 mounted near side 11 and adjacent to sides 12 with openings 14 located next to castors 13, and each of the two openings 15 located near side 16 and adjacent to sides 12 with castors 17 mounted next to openings 15; Fig 1; paragraph [0014]).
Regarding claim 15, Walther discloses a system (the system generally depicted by Fig 3 including a plurality of carts with platforms 10 and 10′ where prime designates a similar component in overlaying position; paragraphs [0014], [0015]), comprising:
a stack of a plurality of nesting utility carts (the stack of utility carts with platforms 10 and 10′; Fig 3; paragraph [0015]), each nesting utility cart comprising: a cart deck having a first portion (bottom half of platform 10; Fig 1) and a second portion (top half of platform 10; Fig 1);
at least two wheels (the pair of castors 13; Fig 1-3; paragraph [0014]) each secured to opposing sides of the first portion of the cart deck (left and right corners in bottom half of the platform 10; Fig 1), and at least two wheels (the pair of castors 17; Fig 1-3; paragraph [0014]) each secured to opposing sides of the second portion of the cart deck (left and right corners in top half of the platform 10; Fig 1);
at least two orifices each through opposing sides of the first portion of the cart deck (the pair of openings 14; Fig 1; paragraph [0014]), and at least two orifices each through opposing sides of the second portion of the cart deck (the pair of openings 15; Fig 1; paragraph [0014]);
wherein the orifices are dimensioned to accept at least a portion of similar wheels of an overlaying similar cart deck (castors 13 and 17 fitting through openings 14 and 15; paragraph [0015]; Fig 1);
wherein the at least two orifices in the first portion of the cart deck and the at least two orifices in the second portion of the cart deck are in a position to receive the similar wheels of the similar cart deck (openings 14 and 15 corresponding to mounting locations of castors 13 and 17; paragraph [0014]; Fig 1);
wherein the overlaying similar cart deck is nested in a reverse manner with respect to the first portion and second portion of the cart deck (a second platform 10′ rotated by 180° in the plane of Fig 1; paragraph [0015]);
wherein the similar wheels of the similar cart deck nest within the at least two orifices in the first portion of the cart deck and the at least two orifices in the second portion of the cart deck; (nested arrangement of castors and openings; paragraph [0015]; Fig 3) and
wherein each similar wheel protrudes below a bottom surface of the cart deck (castors 17′ of a second platform 10′ penetrating the openings 14 of a first platform 10; paragraph [0015]; Fig 3).
Regarding claim 17, Walther discloses the system of claim 15, wherein the stack of the plurality of nesting utility carts is uniform in length and uniform in width (the plurality of carts with platforms 10 and 10′ illustrated in Figure 3 and described as first, second, and third platforms in paragraph [0015] are substantially identical and have the same rectangular outline and footprint).
Regarding claim 18, Walther discloses a method (a method of using the system generally depicted by Fig 3 including a plurality of carts with platforms 10 and 10′ where prime designates a similar component in overlaying position; paragraphs [0014], [0015]) comprising:
providing a first nesting utility cart (the bottom-most cart with platform 10 as shown in Figure 3; paragraphs [0014], [0015]), comprising:
a cart deck (platform 10; Fig 3) having a first portion (bottom half of platform 10; Fig 1) and a second portion (top half of platform 10; Fig 1);
at least two wheels (the pair of castors 13; Fig 1-3; paragraph [0014]) each secured to opposing sides of the first portion of the cart deck (left and right corners in bottom half of the platform 10; Fig 1), and at least two wheels (the pair of castors 17; Fig 1-3; paragraph [0014]) each secured to opposing sides of the second portion of the cart deck (left and right corners in top half of the platform 10; Fig 1);
at least two orifices each through opposing sides of the first portion of the cart deck (the pair of openings 14; Fig 1; paragraph [0014]), and at least two orifices each through opposing sides of the second portion of the cart deck (the pair of openings 15; Fig 1; paragraph [0014]);
wherein the orifices are dimensioned to accept at least a portion of similar wheels of an overlaying similar cart deck (castors 13 and 17 fitting through openings 14 and 15; paragraph [0015]; Fig 1);
wherein the at least two orifices in the first portion of the cart deck and the at least two orifices in the second portion of the cart deck are in a position to receive the similar wheels of the similar cart deck (openings 14 and 15 corresponding to mounting locations of castors 13 and 17; paragraph [0014]; Fig 1);
wherein the overlaying similar cart deck is nested in a reverse manner with respect to the first portion and second portion of the cart deck (a second platform 10′ rotated by 180° in the plane of Fig 1; paragraph [0015]);
wherein the similar wheels of the similar cart deck nest within the at least two orifices in the first portion of the cart deck and the at least two orifices in the second portion of the cart deck (nested arrangement of castors and openings; paragraph [0015]; Fig 3); and
wherein each similar wheel protrudes below a bottom surface of the cart deck (castors 17′ of a second platform 10′ penetrating the openings 14 of a first platform 10; paragraph [0015]; Fig 3);
providing a second nesting utility cart that is substantially similar to the first nesting utility cart (cart with platform 10′ shown immediately above the cart with platform 10 in Figure 3; paragraphs [0014], [0015]);
orienting the second nesting utility cart in the reverse manner to an orientation of the first nesting utility cart (a second platform 10′ rotated by 180° in the plane of Fig 1; paragraph [0015]);
placing the second nesting utility cart onto the first nesting utility cart such that all of the wheels of the second nesting utility cart protrude below the bottom surface of the cart deck of the first nesting utility cart (Walther describes rollers fitting through openings: ‘This "nested" arrangement of the rollers and the openings adjacent to them is systematic: As can easily be seen from Fig. 1, a second platform rotated by 180° in the plane of the drawing fits with its swivel rollers through the openings 15 and with its fixed rollers through the openings 14 of a lower analogous platform.’; paragraph [0015]).
Regarding claim 19, Walther discloses the method of claim 18, further comprising:
providing a third nesting utility cart (the top-most cart with platform 10 placed between two carts with platform 10′; Fig 3) that is substantially similar to the second nesting utility cart (cart with platform 10′ shown immediately above the cart with platform 10 in Figure 3; paragraphs [0014], [0015]);
orienting the third nesting utility cart in the reverse manner to an orientation of the second nesting utility cart (a third platform 10 rotated by 180° in the plane of Fig 1; paragraph [0015]);
placing the third nesting utility cart onto the second nesting utility cart such that all of the wheels of the third nesting utility cart protrude below the bottom surface of the cart deck of the second nesting utility cart (Walther describes stacking a third platform: ‘A third platform - again designated 10 in Fig. 3 - can be placed on the second platform 10′ in a position identical to that of the lowest platform 10. In this case, the rollers of the third platform - here the swivel rollers 13 - pass through the corresponding openings 15′ of the second platform 10′.’; paragraph [0015]; Fig 3).
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.
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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Walther (DE 3627040) in view of Shi et al. (US 11,878,551) (hereinafter “Shi”). Regarding claim 2, Walther discloses the utility cart of claim 1 with two swivel castors 13 and two fixed castors 17 (Fig 1; paragraph [0014]). The two swivel castors 13 are understood to be omnidirectional but Walther fails to disclose every wheel of the cart as an omnidirectional wheel. Shi discloses an omnidirectional wheel (Fig 1). Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to simply substitute, with a reasonable expectation of success, every wheel of the cart from Walther with an omnidirectional wheel disclosed by Shi. The motivation would have been to provide the cart with lateral movement ability and improve mobility (column 1, lines 28-31 from Shi). The modified cart would predictably achieve the desired results.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Walther (DE 3627040) in view of Masayuki et al. (JP 2003327125) (hereinafter “Masayuki”). Regarding claim 4, Walther discloses the utility cart of claim 3 but Walther fails to disclose a centralized nesting assembly. Masayuki discloses a transport cart 1 fitted with a swivel castor 3 in the center (Fig 1, 2, 7; paragraph [0012]). Masayuki also discloses a wheel restraint section 4 installed at the position of each wheel 3 (Fig 1, 2, 7; paragraph [0012]). Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the cart from Walther with a center wheel and wheel restraint section disclosed by Masayuki. The motivation would have been improved stability of the stacked carts when placed one above the other (Fig 7; paragraph [006]). The added center wheel would also increase the cart’s load capacity and reduce deflection of the deck under heavy loads. The modified cart would predictably achieve the desired results.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Walther (DE 3627040) in view of Daubenspeck et al. (US 2020/0148414) (hereinafter “Daubenspeck”). Regarding claim 6, Walther discloses the utility cart of claim 3 but Walther fails to disclose a first additional nesting assembly and a second additional nesting assembly. Daubenspeck discloses a reconfigurable pallet/dolly platform configured as a dolly 400 with six wheels 402 (paragraphs [0006], [0108]; Fig 11, 24, 25). Daubenspeck further discloses dolly wheel receiving areas 410 aligned with wheel wells 420 and configured to engage wheels 402 from an identical platform 30 stacked thereon (paragraph [0114]; Fig 11, 24). Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the cart from Walther with the two additional wheels and wheel wells disclosed by Daubenspeck. The motivation would have been improved stability of the stacked dollies as they are moved (Fig 28; paragraph [00109]). The added wheels would also increase the cart’s load capacity and reduce deflection of the deck under heavy loads. The modified cart would predictably achieve the desired results.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Walther (DE 3627040) in view of McLerran (US 6,979,005).
Regarding claim 9, Walther discloses the utility cart of claim 3 including a deck with four sides and two portions, but Walther is silent regarding the position of wheels and openings with respect to sides. McLerran discloses a stackable dolly 100 (column 3, lines 56-62; Fig 1A, 3B)
wherein the deck 102 comprises a first side (the right side of the cart in Fig 1A), a second side (the lower side of the cart in Fig 1A), a third side (the left side of the cart in Fig 1A) and a fourth side (the top side of the cart in Fig 1A),
wherein the first side is in the first portion (right half of the cart in Fig 1A), the second side (the lower side of the cart in Fig 1A) is in the first portion (right half of the cart in Fig 1A) and the second portion (left half of the cart in Fig 1A), the third side (the left side of the cart in Fig 1A) is in the second portion (left half of the cart in Fig 1A), and the fourth side (the top side of the cart in Fig 1A) is in the first portion (right half of the cart in Fig 1A) and the second portion (left half of the cart in Fig 1A);
wherein each first portion (right half of the cart in Fig 1A) nesting assembly is configured with the first portion (right half of the cart in Fig 1A) nesting assembly orifice 108 closer to the first side (the right side of the cart in Fig 1A) than the first portion (right half of the cart in Fig 1A) nesting assembly wheel 110, and each second portion (left half of the cart in Fig 1A) nesting assembly is configured with the second portion (left half of the cart in Fig 1A) nesting assembly wheel 110 closer to the third side (the left side of the cart in Fig 1A) than the second portion (left half of the cart in Fig 1A) nesting assembly orifice 108.
Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the cart from Walther with the pattern of wheels and openings disclosed by McLerran. The motivation would have been achieving a particular stacking arrangement, footprint, or balance. The modified cart would predictably achieve the desired results.
Regarding claim 10, the modified Walther further teaches:
wherein both of the first portion nesting assemblies (the pair of castors and openings in bottom half of platform 10; Fig 1) have the same of at least one of the following configurations:
both the first portion nesting assembly wheel (castor 13; Fig 1) and the first portion nesting assembly orifice (opening 14; Fig 1) are substantially equidistant from the second side or the fourth side (sides 12; Fig 1); and
both the first portion nesting assembly wheel (castor 13; Fig 1) and the first portion nesting assembly orifice (opening 14; Fig 1) are not equidistant from the second side or the fourth side (castors 13 are closer to sides 12 than openings 14; Fig 1; paragraph [0014]);
wherein both of the second portion nesting assemblies (the pair of castors and openings in top half of platform 10; Fig 1) have the same of at least one of the following configurations:
both the second portion nesting assembly wheel (castor 17; Fig 1; paragraph [0014]) and the second portion nesting assembly orifice (opening 15; Fig 1) are substantially equidistant from the second side or the fourth side; and
both the second portion nesting assembly wheel (castor 17; Fig 1) and the second portion nesting assembly orifice (opening 15; Fig 1) are not equidistant from the second side or the fourth side (openings 15 are closer to sides 12 than castors 17; Fig 1; paragraph [0014]).
Claims 11, 12, 13, 14, 16, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Walther (DE 3627040) in view of Slingsby (GB 1166080).
Regarding claim 11, Walther discloses the utility cart of claim 1, further comprising:
four tube orifices (receiving pockets 18; Fig 1), each configured to receive one end of a first tube frame or one end of a second tube frame 21 (Fig 4, 5), the cart deck (platform 10; Fig 1) including four corners and having one tube orifice located at each corner (one of the two receiving pockets 18 near each corner of platform 10; Fig 1);
removable side walls 22-25 (paragraphs [0016], [0017]; Fig 4, 5) including:
the first tube frame 21 (Fig 4, 5) comprising a first tube with two ends, with each end of the first tube located in separate tube orifices 18 (Fig 1, 4) at the outer corners in at least one of:
the first portion of the cart deck (bottom half of platform 10; Fig 1); and
the second portion of the cart deck (top half of platform 10; Fig 1);
the second tube frame 21 (Fig 4, 5) comprising a second tube with two ends, with each end of the second tube located in separate tube orifices 18 (Fig 1, 4) at the outer corners in at least one of:
the first portion of the cart deck (bottom half of platform 10; Fig 1); and
the second portion of the cart deck (top half of platform 10; Fig 1);
Walther fails to disclose netting attached to the frame. Slingsby discloses a cart (Fig 1) with detachable sides 11, further comprising:
netting (cross wires 13 and vertical wires 14; Fig 1; page 2, lines 36-40) attached in at least one of the following configurations:
between the first tube frame and the second tube frame; and
on at least one of the first tube frame and the second tube frame (tube frames 12 in Fig 1).
Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the side walls of the cart from Walther with the cross wires and vertical wires disclosed by Slingsby. The motivation would have been improving retention of a load on the base of the cart. The modified cart would predictably achieve the desired result.
Regarding Claim 12, the combined cart of Walther and Slingsby further teaches:
a tube orifice in the first portion and a tube orifice in the second portion, each configured to receive one end of a third tube frame (one of the two receiving pockets 18 shown near each corner of platform 10; Fig 1 from Walther); the cart deck having one corner in the first portion with two tube orifices and one corner in the second portion with two tube orifices (one of the corners of platform 10 with two receiving pockets 18; Fig 1 from Walther);
the third tube frame comprising a third tube with two ends, with one end of the third tube located in one tube orifice at the first portion corner with two tube orifices and the second end of the third tube located in one tube orifice at the second portion corner with two tube orifices (the third of the four side walls 22-25; Fig 4, 5 from Walther);
the netting (cross wires 13 and vertical wires 14; Fig 1; page 2, lines 36-40 from Slingsby) attached between the first tube frame and the second tube frame and to at least a portion of the third tube frame.
Regarding claim 13, the combined cart of Walther and Slingsby further teaches:
a frame pin hole in each end of the first tube frame and each end of the second tube frame, the frame pin hole configured to receive a locking pin, wherein the locking pin is removable (a plurality of receiving pockets 18 near the four edges 11, 12, and 16 of platform 10 for engagement of locking pins 19; Fig 1, 4, 5; paragraph [0016] from Walther);
an orifice pin hole in the four tube orifices, configured to receive the locking pin; and four locking pins, wherein the locking pins lock the first tube frame and the second tube frame into corresponding tube orifices (folding frame 20 attached to platform 10 via receiving pockets 18 and locking pins 19; Fig 4, 5; paragraph [0016] from Walther).
Regarding claim 14, the combined cart of Walther and Slingsby further teaches:
the side walls are configured to be removed for storage (frame 21 and walls 22-25 attached to a plurality of receiving pockets 18 and engaged with locking pins 19; Fig 4, 5; paragraphs [0016], [0017] from Walther), and the nesting utility cart is configured to accept more than one side wall for storage (walls 22-25 shown in Fig 4 and 5 can remain attached to the top-most cart platform 10′ of the stack of carts shown in Fig 3 from Walther).
Regarding claim 16, Walther discloses the system of claim 15, at least one cart deck further comprising:
four tube orifices (receiving pockets 18; Fig 1), each configured to receive one end of a first tube frame or one end of a second tube frame 21 (Fig 4, 5), the cart deck (platform 10; Fig 1) including four corners and having one tube orifice located at each corner (one of the two receiving pockets 18 near each corner of platform 10; Fig 1);
removable side walls 22-25 (paragraphs [0016], [0017]; Fig 4, 5) including:
the first tube frame 21 (Fig 4, 5) comprising a first tube with two ends, with each end of the first tube located in separate tube orifices 18 (Fig 1, 4) at the outer corners in at least one of:
the first portion of the cart deck (bottom half of platform 10; Fig 1); and
the second portion of the cart deck (top half of platform 10; Fig 1);
the second tube frame 21 (Fig 4, 5) comprising a second tube with two ends, with each end of the second tube located in separate tube orifices 18 (Fig 1, 4) at the outer corners in at least one of:
the first portion of the cart deck (bottom half of platform 10; Fig 1); and
the second portion of the cart deck (top half of platform 10; Fig 1);
Walther fails to disclose netting attached to the frame. Slingsby discloses a cart (Fig 1) with detachable sides 11, further comprising:
netting (cross wires 13 and vertical wires 14; Fig 1; page 2, lines 36-40) attached in at least one of the following configurations:
between the first tube frame and the second tube frame; and
on at least one of the first tube frame and the second tube frame (tube frames 12 in Fig 1).
Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the side walls of the cart from Walther with the cross wires and vertical wires disclosed by Slingsby. The motivation would have been improving retention of a load on the base of the cart. The modified cart would predictably achieve the desired result.
Regarding claim 20, Walther discloses the method of claim 18, further comprising removing side walls from at least one of the first nesting utility cart and the second nesting utility cart before placing the second nesting utility cart onto the first nesting utility cart (stack of carts with platforms 10 and 10′ with their side walls removed; Fig 3),
wherein at least one of the first nesting utility cart and the second nesting utility cart further comprises:
four tube orifices (receiving pockets 18; Fig 1), each configured to receive one end of a first tube frame or one end of a second tube frame 21 (Fig 4, 5), the cart deck (platform 10; Fig 1) including four corners and having one tube orifice located at each corner (one of the two receiving pockets 18 near each corner of platform 10; Fig 1);
removable side walls 22-25 (paragraphs [0016], [0017]; Fig 4, 5) including:
the first tube frame 21 (Fig 4, 5) comprising a first tube with two ends, with each end of the first tube located in separate tube orifices 18 (Fig 1, 4) at the outer corners in at least one of:
the first portion of the cart deck (bottom half of platform 10; Fig 1); and
the second portion of the cart deck (top half of platform 10; Fig 1);
the second tube frame 21 (Fig 4, 5) comprising a second tube with two ends, with each end of the second tube located in separate tube orifices 18 (Fig 1, 4) at the outer corners in at least one of:
the first portion of the cart deck (bottom half of platform 10; Fig 1); and
the second portion of the cart deck (top half of platform 10; Fig 1);
Walther fails to disclose netting attached to the frame. Slingsby discloses a cart (Fig 1) with detachable sides 11, further comprising:
netting (cross wires 13 and vertical wires 14; Fig 1; page 2, lines 36-40) attached in at least one of the following configurations:
between the first tube frame and the second tube frame; and
on at least one of the first tube frame and the second tube frame (tube frames 12 in Fig 1).
Before the effective date of the claimed invention, it would have been obvious to those having ordinary skill in the art to combine, with a reasonable expectation of success, the side walls of the cart from Walther with the cross wires and vertical wires disclosed by Slingsby. The motivation would have been improving retention of a load on the base of the cart. The modified cart would predictably achieve the desired result.
Allowable Subject Matter
Claim 5 is 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 a statement of reasons for the indication of allowable subject matter:
Regarding claim 5, the prior art does not teach the centralized wheel located in the first portion and the centralized orifice located in the second portion. The closest reference, Masayuki (JP 2003327125) teaches a center castor and a center restraint section, but does not teach the location of the castor in the first portion and the location of the restraint section in the second portion of the cart deck.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MOHAMMAD O NEYZARI whose telephone number is (571)272-9530. The examiner can normally be reached Monday - Friday, 8 AM - 5 PM.
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, 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOHAMMAD O NEYZARI/Examiner, Art Unit 3613
/JAMES A SHRIVER II/Supervisory Patent Examiner, Art Unit 3613