CART

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 . Claim Objections Claim 18 is objected to because of the following informalities: the claim includes a typographical error. There should only be one comma (“,”) in the first line of the claim. Appropriate correction is required. 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(s) 1, 5-15, and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vyper (see the cart shown in the photograph taken at the SEMA show on 11/2/2021, cited and submitted by the Applicant on 3/19/2025) in view of Panosian (US 2024/0150079). Regarding claim 1, Vyper teaches: a cart, comprising: a frame, comprising: a first post (A) defining a first plurality of slots (B); a second post (C) defining a second plurality of slots (D); a first shelf (E) defining a top of the frame, the first shelf coupled to the first post and the second post; and a second shelf (F) defining a bottom of the frame, the second shelf coupled to the first post and the second post; a plurality of wheels coupled with the second shelf (G). Relevant elements are best shown in the annotated view from Vyper, below: PNG media_image1.png 719 1071 media_image1.png Greyscale Vyper fails to disclose: a panel including a first prong and a second prong, the first prong removably engaged with a first slot of the first plurality of slots, the second prong removably engaged with a first slot of the second plurality of slots, the panel defining a third plurality of slots. Panosian teaches: a panel (1101) including a first prong and a second prong, the first prong removably engaged with a first slot of the first plurality of slots (see the slots on elements 834), the second prong removably engaged with a first slot of the second plurality of slots, the panel defining a third plurality of slots. See the annotated version of Fig. 11B, below: PNG media_image2.png 529 647 media_image2.png Greyscale Additionally/alternatively, see Figs. 13A-14. Here, Panosian teaches: a panel (1302) including a first prong and a second prong (see 1311 in Fig. 13B), the first prong removably engaged with a first slot of the first plurality of slots (see the slots on elements 834), the second prong removably engaged with a first slot of the second plurality of slots, the panel defining a third plurality of slots (see the rectangular cutouts on plate 1302 which interface with protrusions on element 1242). Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the cart from Vyper with a panel, as suggested by Panosian. The motivation being: to facilitate the convenient mounting/storage of additional items. The location of the plate enables quick access to frequently needed tools. Use of the prongs also allows easy adjustability according to the needs of the project. Regarding claim 5, the combination further teaches: an accessory device (1242) including a plurality of prongs (best shown in Fig. 13A), two of the plurality of prongs configured to removably engage with at least two slots of the third plurality of slots, respectively, to couple the accessory device with the panel. Regarding claim 6, the combination further teaches: wherein each slot of the first plurality of slots, the second plurality of second slots, and the third plurality of slots are substantially identical. The slots are substantially identical at least because they are approximately the same shape and size. See Figs. 9D, 13A, 11A. Additionally/alternatively, to modify the third plurality of slots (Fig. 13A) to be identical to the first and second plurality of slots (on elements 834) would require a mere change in shape and/or size if the third slots. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the third plurality of slots as identical to the first and second plurality of slots, as any such modifications in size and/or shape would be an obvious design choice, yielding the same predictable results. A change in shape is a design consideration within the skill of the art. In re Dailey, 357 F.2d 669, 149 USPQ 47. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Regarding claim 7, the combination further teaches: a third post defining a fourth plurality of slots (Vyper shows four posts, each having slots), wherein the first post and the second post define a first side of the cart, wherein the second post and the third post define a second side of the cart; and a second panel including a first prong and a second prong, the first prong of the second panel configured to be removably engaged with a second slot of the second plurality of slots, the second prong configured to be removably engaged with a first slot of the fourth plurality of slots, and the second panel defining a fifth plurality of slots. Panosian teaches two panels (1101, 1302, each having slot engaging prongs configured to be removably engaged with any of the slots; see Figs. 11A, B and 13A, B). Regarding claim 8, the combination further teaches: the first side has a length that is greater than a length of the second side, wherein the second panel has a panel length (see the length spanned by elements 1301 of the second panel) that is equal to or less than the length of the second side. See the image from Vyper and see Figs. 11A, B and 13A, B from Panosian. Regarding claim 9, the combination further teaches: wherein the first post and the second post each include a protrusion, the protrusion of the first post defining a first aperture and the protrusion of the second post defining a second aperture (the mechanical fasteners are shown extending through the apertures); wherein the first shelf is coupled with the protrusion of the first post by a first fastener engaged with the first aperture; wherein the first shelf is coupled with the protrusion of the second post by a second fastener engaged with the second aperture. See the annotated image from Vyper below, where each post has three protrusions, corresponding to a location where the post joins to a shelf. Each protrusion has two fasteners extending through respective apertures. PNG media_image3.png 714 1065 media_image3.png Greyscale Regarding claim 10, the combination further teaches: wherein the first post includes a first protrusion and a second protrusion, the first shelf coupled with the first protrusion, the second shelf coupled with the second protrusion. See the earlier annotated image from Vyper, included with the discussion of claim 9. Vyper shows each post has three protrusions, corresponding to a location where the post joins to a shelf. Each protrusion has two fasteners extending through respective apertures. Regarding claim 11, the combination further teaches: the first post includes a first protrusion and a second protrusion, the first shelf coupled with the first protrusion, the second shelf coupled with the second protrusion; and wherein the first protrusion defines a notch configured to engage with a cap. See the earlier annotated image from Vyper, included with the discussion of claim 9. Vyper shows each post has three protrusions, corresponding to a location where the post joins to a shelf. The notch corresponds to the angle provided between the protrusion and the vertical portion of the post, which is capable of engaging with a cap. Regarding claim 12, the combination further teaches: wherein the first post includes a first protrusion, a second protrusion, and a third protrusion, the cart further comprising: a third shelf positioned vertically between the first shelf and the second shelf, the third shelf coupled with the third protrusion of the first post; wherein the first shelf is coupled with the first protrusion and the second shelf coupled with the second protrusion. See the earlier annotated image from Vyper, included with the discussion of claim 9. Vyper shows each post has three protrusions, corresponding to a location where the post joins to a shelf. Regarding claim 13, the combination further teaches: the first prong includes a first portion and a second portion, the first portion extending from a rear of the panel, the second portion extending from the first portion at angle relative to the first portion to define a notch between the rear of the panel and the second portion, wherein an edge of the first slot is engaged with the notch of the first prong to couple the panel with the first post. See Fig. 11B from Panosian, and the magnified-annotated portion from Fig. 11B, below: PNG media_image4.png 574 716 media_image4.png Greyscale Regarding claim 14, Vyper teaches: a cart, comprising: a frame comprising: a first (A) post defining a first slot (B), the first slot having a bottom edge; and a second post (C) defining a second slot (E), the second slot having a bottom edge. See the earlier annotated image from Vyper, included with the discussion of claim 1. Vyper fails to teach the panel, as claimed. Panosian teaches: a panel (1101) including a first prong, a second prong, and a plurality of slots, the first prong and the second prong having a first portion and a second portion, the first portion extending from a rear of the panel, the second portion extending from the first portion at angle relative to the first portion to define a notch between the rear of the panel and the second portion. See the earlier annotated image from Panosian, included with the discussion of claim 13. Additionally/alternatively, See Figs. 13A-14. Here, Panosian teaches: a panel (1302) including a first prong, a second prong (see 1311 in Fig. 13B), and a plurality of slots (see the rectangular cutouts on plate 1302 which interface with protrusions on element 1242), the first prong and the second prong having a first portion and a second portion, the first portion extending from a rear of the panel, the second portion extending from the first portion at angle relative to the first portion to define a notch between the rear of the panel and the second portion. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide Vyper with a panel, as suggested by Panosian; the motivation being: to facilitate the convenient mounting/storage of additional items. The location of the plate enables quick access to frequently needed tools. Use of the prongs also allows easy adjustability according to the needs of the project. As such, the combination further teaches: wherein the bottom edge of the first slot is engaged with the notch of the first prong to couple the panel with the first post; wherein the bottom edge of the second slot is engaged with the notch of the second prong to couple the panel with the second post. See the image from Vyper and at least Figs. 9D, 11A, 13A from Panosian. Regarding claim 15, the combination further teaches: a first shelf (E) defining a top of the frame, the first shelf coupled to the first post and the second post. See the earlier annotated image from Vyper, included with the discussion of claim 1. Regarding claim 18, the combination further teaches: an accessory device (1242) including a plurality of prongs (best shown in Fig. 13A), two of the plurality of prongs configured to removably engage with at least two slots of the third plurality of slots, respectively, to couple the accessory device with the panel. Regarding claim 19, Vyper teaches: a cart, comprising: a frame comprising: a first post (A) defining a first slot (B), the first slot having a bottom edge; a second post (C) defining a second slot (D), the second slot having a bottom edge; a first shelf (E) defining a top of the frame, the first shelf coupled to the first post and the second post; a second shelf (F) defining a bottom of the frame, the second shelf coupled to the first post and the second post; and a third shelf positioned vertically between the first shelf and the second shelf, the third shelf coupled to the first post and the second post. See the earlier annotated image from Vyper, included with the discussion of claim 1. Vyper fails to teach the panel, as claimed. Panosian teaches: a panel (1101) including a first prong, a second prong, and a plurality of slots, the first prong and the second prong having a first portion and a second portion, the first portion extending from a rear of the panel, the second portion extending from the first portion at angle relative to the first portion to define a notch between the rear of the panel and the second portion. See the earlier annotated image from Panosian, included with the discussion of claim 13. Additionally/alternatively, See Figs. 13A-14. Here, Panosian teaches: a panel (1302) including a first prong, a second prong (see 1311 in Fig. 13B), and a plurality of slots (see the rectangular cutouts on plate 1302 which interface with protrusions on element 1242), the first prong and the second prong having a first portion and a second portion, the first portion extending from a rear of the panel, the second portion extending from the first portion at angle relative to the first portion to define a notch between the rear of the panel and the second portion. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide Vyper with a panel, as suggested by Panosian; the motivation being: to facilitate the convenient mounting/storage of additional items. The location of the plate enables quick access to frequently needed tools. Use of the prongs also allows easy adjustability according to the needs of the project. As such, the combination further teaches: wherein the bottom edge of the first slot is engaged with the notch of the first prong to couple the panel with the first post; wherein the bottom edge of the second slot is engaged with the notch of the second prong to couple the panel with the second post. See the image from Vyper and at least Figs. 9D, 11A, 13A from Panosian. Regarding claim 20, the combination further teaches: wherein the first post includes a first protrusion, a second protrusion, and a third protrusion, wherein the first shelf is coupled with the first protrusion, the second shelf coupled with the second protrusion, and the third shelf is coupled with the third protrusion. See the earlier annotated image from Vyper, included with the discussion of claim 9. Vyper shows each post has three protrusions, corresponding to a location where the post joins to a shelf. Claim(s) 2-4, 16, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Vyper and Panosian, as relied upon above, in further view of Weston (US 1,917,564). Regarding claim 2, the combination further teaches: wherein the first shelf includes a substantially planar first side opposite a second side. Vyper is silent regarding physical details of the second side. As such, Vyper fails to teach: the second side including a recessed area defined by a sidewall, wherein the first shelf is reversibly coupled with the first post and the second post to selectively position one of the first side or the second side as the top of the frame. Weston teaches: wherein the first shelf (12) includes a substantially planar first side (see the upper side, as shown in the configuration of Fig. 1) opposite a second side (see the under side, as shown in the configuration of Fig. 1), the second side including a recessed area defined by a sidewall (30, 31), wherein the first shelf is reversibly coupled with the first post and the second post (see posts 10) to selectively position one of the first side or the second side as the top of the frame. Compare Figs. 4 and 5, where the shelves are shown in inverted configurations. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the first shelf of combination such that the second side including a recessed area defined by a sidewall, wherein the first shelf is reversibly coupled with the first post and the second post to selectively position one of the first side or the second side as the top of the frame, as suggested by Weston. The motivation being: for improved versatility so that the cart may be set up for a desired purpose. The invert-ability of the shelf allows the shelf to form a tray, which would better retain items by preventing them from falling off. Regarding claim 3, the combination further teaches: wherein the first shelf includes a substantially planar first side opposite a second side. Vyper is silent regarding physical details of the second side. As such, Vyper fails to teach: the second side including a recessed area defined by a sidewall, and wherein the first side of the first shelf defines the top of the frame. Weston teaches: wherein the first shelf (12) includes a substantially planar first side (see the upper side, as shown in the configuration of Fig. 1) opposite a second side (see the under side, as shown in the configuration of Fig. 1), the second side including a recessed area defined by a sidewall (30, 31), and wherein the first side of the first shelf defines the top of the frame. Relevant elements are best shown by Weston in Figs. 1 and 3. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the first shelf of combination such that the first shelf includes a substantially planar first side opposite a second side, the second side including a recessed area defined by a sidewall, and wherein the first side of the first shelf defines the top of the frame, as suggested by Weston. The motivation being: the configuration of the recessed area with sidewalls establishes a light weight and structurally reinforced shelf (facilitated by the recess and sidewall). Regarding claim 4, the combination further teaches: wherein the first shelf includes a substantially planar first side opposite a second side. Vyper is silent regarding physical details of the second side. As such, Vyper fails to teach: the second side including a recessed area defined by a sidewall, and wherein the sidewall of the second side defines the top of the frame. Weston teaches: wherein the first shelf (12) includes a substantially planar first side (see the under side, as shown in the configuration of Fig. 5) opposite a second side (see the upper side, as shown in the configuration of Fig. 5), the second side including a recessed area defined by a sidewall (30, 31), and wherein the sidewall of the second side defines the top of the frame. Relevant elements are best shown by Weston in Figs. 5. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the first shelf of combination such that the second side including a recessed area defined by a sidewall, and wherein the sidewall of the second side defines the top of the frame, as suggested by Weston. The motivation being: the configuration of the recessed area with sidewalls establishes a light weight and structurally reinforced shelf (facilitated by the recess and sidewall). Additionally, the invert-ability of the shelf allows the shelf to form a tray, which would better retain items by preventing them from falling off. Regarding claim 16, the combination further teaches: wherein the first shelf includes a substantially planar first side opposite a second side. Vyper is silent regarding physical details of the second side. As such, Vyper fails to teach: the second side including a recessed area defined by a sidewall, wherein the first shelf is reversibly coupled with the first post and the second post to selectively position one of the first side or the second side as the top of the frame. Weston teaches: wherein the first shelf (12) includes a substantially planar first side (see the upper side, as shown in the configuration of Fig. 1) opposite a second side (see the under side, as shown in the configuration of Fig. 1), the second side including a recessed area defined by a sidewall (30, 31), wherein the first shelf is reversibly coupled with the first post and the second post (see posts 10) to selectively position one of the first side or the second side as the top of the frame. Compare Figs. 4 and 5, where the shelves are shown in inverted configurations. Before the effective filing date of the claimed invention, it would be obvious to those having ordinary skill in the art to provide the first shelf of combination such that the second side including a recessed area defined by a sidewall, wherein the first shelf is reversibly coupled with the first post and the second post to selectively position one of the first side or the second side as the top of the frame, as suggested by Weston. The motivation being: for improved versatility so that the cart may be set up for a desired purpose. The invert-ability of the shelf allows the shelf to form a tray, which would better retain items by preventing them from falling off. Regarding claim 17, the combination further teaches: wherein the first post includes a first protrusion and a second protrusion, the first shelf coupled with the first protrusion, the second shelf coupled with the second protrusion. See the earlier annotated image from Vyper, included with the discussion of claim 9. Vyper shows each post has three protrusions, corresponding to a location where the post joins to a shelf. Each protrusion has two fasteners extending through respective apertures. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Additional cited art relates to carts and systems relevant to the claimed invention. Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMMA K FRICK whose telephone number is (571)270-5403. The examiner can normally be reached 9AM-5PM EST M, T, F. 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) 297-4324. 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. /EMMA K FRICK/Primary Examiner, Art Unit 3613