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 .
Application Status
Claims 1-7, 9-11, and 15 are pending and have been examined in this application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/20/2026 has been entered.
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 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.
Claims 1-3, 5-7, 9-11, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Malnati et al. (U.S. Pub. 20060254528) in view of Coonce et al. (U.S. Pub. 20100237070).
In regard to claim 1, Malnati et al. discloses a cage for housing laboratory animals, said cage comprising: a basin and a lid that is movable and configured and dimensioned to be positioned over said basin in a first closed position in which the lid prevents access to an inner space delimited by said basin and repositioned in a second open position in which the lid does not prevent said inner space from being accessed (Fig. 1, where there is a basin 2 and a lid 1 that is movable and configured to be positioned over the basin 2 in a first closed position (when lid is attached to basin) and repositioned in a second open position (when lid is removed from basin)), said basin comprising a bottom wall with at least one substantially flat portion and a plurality of side walls extending upwardly from said bottom wall and joined to one another to define said inner space (Fig. 2, where the basin 2 has a bottom wall with at least one substantially flat portion and a plurality of side walls extending upwardly from the bottom wall and joined to one another to define the inner space), said lid comprising a main portion and a lateral engagement edge defined by a corresponding plurality of side walls which are reciprocally joined (Figs. 1-5, where the lid 1 has a main portion and a lateral engagement edge defined by a corresponding plurality of side walls which are reciprocally joined), each extending from said main portion to give said lateral engagement edge a skirt or apron shape (Figs. 1-5, where the lateral engagement edge of the lid 1 at least gives the lid 1 a skirt or apron shape), wherein with said lid in said first closed position, said lateral engagement edge is positioned adjacent to and spaced apart from said basin side walls (Figs. 1-2, when the lid 1 is in the first closed position, the lateral engagement edge is positioned adjacent to and spaced apart from said side walls of the basin 2); wherein said basin comprises an engagement tongue extending from one of said basin side walls in a direction away from an outside of said basin (Fig. 5, where there is an engagement tongue 7’’’ extending from one of said basin 2 side walls in a direction away from the outside of said basin 2); said cage further comprising an engagement seat defined by said lateral engagement edge of the lid (Fig. 5, where there is an engagement seat 11 defined by the lateral engagement edge of the lid 1); wherein positioning of said lid over said basin side walls in said first closed position results in an automatic engagement of said engagement seat by said engagement tongue (Figs. 1-5 and Paragraph [0032], where positioning the lid 1 over the basin 2 side walls (in the first closed position) results in an automatic engagement), wherein said automatic engagement results from insertion of said engagement tongue into said engagement seat (Figs. 1-5, where the engagement tongue 7’’’ at least inserts into said engagement seat 11 and results in the automatic engagement of the engagement seat 11 by the engagement tongue 7’’’); wherein said basin comprises a first peripheral ridge extending in an outwardly direction and terminating at a predetermined length from an exterior of said basin side walls to define a first peripheral edge (Fig. 2A, where there is a first peripheral edge 21 of a first peripheral ridge extending in an outwardly direction and at least terminating at a predetermined length from an exterior of said basin 2 side walls), the first peripheral ridge extending in the outwardly direction along an entire peripheral extension that circumscribes said basin side walls (Fig. 2A and Paragraph [0025], where the first peripheral edge 21 of the first peripheral ridge extends in the outwardly direction along an entire peripheral extension that circumscribes basin 2 side walls), and said engagement tongue has a predetermined width defined by a smaller peripheral extension than a predefined section of the entire peripheral extension of said first peripheral ridge (Figs. 1-5, where the engagement tongue 7’’’ at least has a predetermined width defined by a smaller peripheral extension than a peripheral extension of said first ridge 21 (see Fig. 1 which shows 7’’’ having a smaller peripheral extension than the entire peripheral extension of the first ridge 21)), such that the engagement tongue has an extension towards the outside of said basin side walls, which is greater than that of said first peripheral ridge (Figs. 1-5 and Paragraphs [0025], where the engagement tongue 7’’’ has an extension towards the outside of the basin 2 side walls which is at least greater than that of the first peripheral ridge 21); wherein the one of said plurality of basin side walls from which said engagement tongue extends is a substantially flat wall, and said substantially flat wall has a substantially flat outer surface, a substantially flat inner surface, and a substantially constant thickness (Figs. 1-5, where the one of said plurality of basin side walls (which comprises the latch portion 7) from which said engagement tongue 7’’’ extends is a substantially flat wall and where said substantially flat wall (which comprises the latch portion 7) has a substantially flat outer surface, a substantially flat inner surface, and a substantially constant thickness), and wherein disengagement of said engagement tongue from said engagement seat is selectively provided by a pressing action in a direction towards said inner space, the pressing action being exerted on the substantially flat outer surface of said substantially flat wall with a sufficient force (Figs. 1-5 and Paragraph [0033], where pressing the latch portion 7 (which is considered a part of the sidewall), towards the inner space, disengages the engagement tongue 7’’’ from the engagement seat 11 and where the pressing action is exerted on the substantially flat outer surface of said substantially flat wall (which comprises the latch portion 7) with a sufficient force), such that said substantially flat wall is bent towards said inner space when said pressing action is exerted on the substantially flat outer surface and said engagement tongue disengages from said engagement seat (Figs. 1-5 and Paragraph [0033], where the substantially flat wall (which comprises the latch portion 7) from which said engagement tongue 7’’’ extends is at least bent towards said inner space (see Fig. 2A) when said pressing action is exerted on the substantially flat outer surface of the substantially flat wall (which comprises the latch portion 7) such that said engagement tongue 7’’’ disengages from said engagement seat 11).
Malnati et al. is silent on wherein said first peripheral ridge, the peripheral edge of the first peripheral ridge, the engagement tongue and the engagement seat define a latching mechanism between the basin and the lid; wherein said engagement tongue extends outwardly a predetermined length and in a common plane from the first peripheral edge of the basin, the engagement tongue having a predetermined width that is less than a predefined section of the entire peripheral extension of said first peripheral ridge, such that the engagement tongue, when arranged in the first closed position, extends towards the adjacent and spaced-apart lateral engagement edge of the lid a distance greater than the peripheral edge of the first peripheral ridge of the basin, and wherein said first peripheral ridge, the engagement tongue, and the engagement seat lie in the common plane when arranged in the first closed position. Coonce et al. discloses wherein said first peripheral ridge, the peripheral edge of the first peripheral ridge, the engagement tongue and the engagement seat define a latching mechanism between the basin and the lid (Figs. 1-2 and Paragraph [0027], where said first peripheral ridge 112, the peripheral edge (furthest point of 112 from the respective base 102 side wall) of the first peripheral ridge 112, the engagement tongue 156 and the engagement seat 152 at least define a latching mechanism between the basin 102 and the lid 104); wherein said engagement tongue extends outwardly a predetermined length and in a common plane from the first peripheral edge of the basin, the engagement tongue having a predetermined width that is less than a predefined section of the entire peripheral extension of said first peripheral ridge, such that the engagement tongue, when arranged in the first closed position, extends towards the adjacent and spaced-apart lateral engagement edge of the lid a distance greater than the peripheral edge of the first peripheral ridge of the basin (Figs. 1-2 and Paragraph [0027], where said engagement tongue 156 extends outwardly a predetermined length and in a common plane from the first peripheral edge of the first peripheral ridge 112, the engagement tongue 156 having a predetermined width that is less than a predefined section (is only a section of the entire ridge 112) of the entire peripheral extension of said first peripheral ridge 112, such that the engagement tongue 156, when arranged in the first closed position, extends towards the adjacent and spaced-apart lateral engagement edge 150 of the lid 104 at least a distance greater than the peripheral edge of the first peripheral ridge 112 of the basin 102), and wherein said first peripheral ridge, the engagement tongue, and the engagement seat lie in the common plane when arranged in the first closed position (Figs. 1-2 and Paragraph [0027], where said first peripheral ridge 112, the engagement tongue 156, and the engagement seat 152 lie in the common plane when arranged in the first closed position). Malnati et al. and Coonce et al. are analogous because they are from the same field of endeavor which include containers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Malnati et al. such that wherein said first peripheral ridge, the peripheral edge of the first peripheral ridge, the engagement tongue and the engagement seat define a latching mechanism between the basin and the lid; wherein said engagement tongue extends outwardly a predetermined length and in a common plane from the first peripheral edge of the basin, the engagement tongue having a predetermined width that is less than a predefined section of the entire peripheral extension of said first peripheral ridge, such that the engagement tongue, when arranged in the first closed position, extends towards the adjacent and spaced-apart lateral engagement edge of the lid a distance greater than the peripheral edge of the first peripheral ridge of the basin, and wherein said first peripheral ridge, the engagement tongue, and the engagement seat lie in the common plane when arranged in the first closed position in view of Coonce et al. The motivation would have been to have the engagement tongue be integrally part of the peripheral ridge and edge of the basin walls and on a common plane with the peripheral ridge and edge of the basin walls. This would allow the lid to attach to the peripheral ridge and edge of the basin walls and enable a higher attachment point for the lid onto the basin, increasing the inner volume of the device in the closed position. Furthermore, having the engagement tongue be integrally part of the peripheral ridge and edge of the basin walls reduces the number of parts needed for manufacturing and assembly, thereby relatively reducing production cost and complexity of the device.
Malnati et al. as modified by Coonce et al. is silent on the thicknesses of the first peripheral ridge and of the engagement tongue are substantially the same. It would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Malnati et al. as modified by Coonce et al. to have the thicknesses of the first peripheral ridge and of the engagement tongue are substantially the same, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the thickness of the first peripheral ridge and the engagement tongue of Malnati et al. as modified by Coonce et al. The motivation would have been to reduce material and complexity by manufacturing two portions with the same thickness. Additionally, reducing the thickness of the first peripheral ridge to match the thickness of the engagement tongue would provide for a relatively less bulky rim and more aesthetic appearance.
In regard to claim 2, Malnati et al. as modified by Coonce et al. discloses the cage according to claim 1, wherein an extension direction towards the outside of said basin side walls of said engagement tongue lies in a plane which is substantially parallel to said at least one substantially flat portion of said bottom wall (Malnati et al., Fig. 5, where the engagement tongue 7’’’ extension lies in a plane which is substantially parallel to said at least one substantially flat portion of said bottom wall of the basin 2; Coonce et al., Figs. 1-2).
In regard to claim 3, Malnati et al. as modified by Coonce et al. discloses the cage according to claim 1, wherein said basin and said lid have a substantially rectangular plan shape and therefore each comprises four side walls opposed to one another in pairs, and in that said engagement tongue extends from one of two shorter basin side walls among said four side walls (Malnati et al., Figs. 1-5, where the basin 2 and the lid 1 have a substantially rectangular shape which comprise four side walls opposed to one another in pairs and the engagement tongue 7’’’ extends from one of the smaller basin 2 side walls).
In regard to claim 5, Malnati et al. as modified by Coonce et al. discloses the cage according to claim 1, wherein said engagement seat extends into an inner surface of said lateral engagement edge which, with said lid in said first closed position, is adjacent to said basin side walls, and wherein said lateral engagement edge of the lid has a predetermined thickness (Malnati et al., Figs. 1-5, where the engagement seat 11 extends into the inner surface of the lateral engagement edge which, with said lid 1 in said first closed position, is adjacent to said basin 2 side walls and where said lateral engagement edge of the lid 1 at least has a predetermined thickness), and said engagement seat extends through and forms an opening at an outer surface of -3Docket No. 216,366said lateral engagement edge (Malnati et al., Figs. 1-5, where the engagement seat 11 extends through and forms an opening at the outer surface of the lateral engagement edge of the lid 1).
In regard to claim 6, Malnati et al. as modified by Coonce et al. discloses the cage according to claim 1, wherein said basin comprises a second peripheral ridge extending parallel to said first peripheral ridge towards the outside of said basin along the entire peripheral extension of said basin (Malnati et al., Fig. 2A and Paragraph [0025], where the peripheral ridge 21 has a second peripheral ridge parallel to and above the first peripheral ridge in a U-shaped configuration), to join said basin side walls, wherein said second peripheral ridge, together with said first peripheral ridge, defines a housing seat with a substantially U-shaped transverse section having an opening facing the outside of said basin (Malnati et al., Fig. 2A and Paragraph [0025], where the first and the second peripheral ridge define a U-shaped housing seat with an opening facing the outside of the basin), wherein a sealing gasket is accommodated in said housing seat, and is configured and dimensioned to ensure isolation of said inner space with said lid in said first closed position (Malnati et al., Figs. 1-5 and Paragraph [0025], where there is a sealing gasket 22 in the U-shaped housing seat that is configured to ensure isolation of the inner space when the lid is in the closed position).
In regard to claim 7, Malnati et al. as modified by Coonce et al. discloses the cage according to claim 6, wherein said sealing gasket comprises a portion extending through said opening of said housing seat (Malnati et al., Figs. 1-5 and Paragraph [0032], where the sealing gasket 22 has a lip 23 that extends out of the opening of the housing seat), and in that with said lid in said first closed position, said portion of said sealing gasket is elastically deformed by the contact with said lateral engagement edge of said lid (Malnati et al., Figs. 1-5 and Paragraph [0032], where the lip 23 of the sealing gasket 22 deforms when in contact with the lateral engagement edge of the lid in the closed position).
In regard to claim 9, Malnati et al. as modified by Coonce et al. discloses the cage according to claim 1, wherein said common plane is substantially parallel to said at least one substantially flat portion of said bottom wall (Coonce et al., Figs. 1-2 and Paragraph [0027], where the common plane (containing said first peripheral ridge, edge, and engagement tongue 156) is substantially parallel to said at least one substantially flat portion of said bottom wall).
Furthermore, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Malnati et al. as modified by Coonce et al. to have said common plane is substantially parallel to said at least one substantially flat portion of said bottom wall, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the structure shown in Malnati et al. as modified by Coonce et al. The motivation would have been to have the engagement tongue in a position which allows for secure attachment, but also allows for quicker and easier detachment of the lid from the container. A parallel configuration (90 degrees with the vertical axis of the container) provides a more optimal angle which ensures attachment of the lid while enabling the easiest detachment of the lid.
In regard to claim 10, Malnati et al. as modified by Coonce et al. discloses the cage according to claim 1, wherein said engagement seat and said first peripheral ridge lie in the common plane when said engagement seat is engaged by said engagement tongue (Coonce et al., Figs. 2-4 and Column 5 lines 1-12, where the engagement seat 19 and said first peripheral ridge is at least on the common plane when said engagement seat 19 is engaged by said engagement tongue 3).
In regard to claim 11, Malnati et al. as modified by Coonce et al. discloses the cage according to claim 1, wherein said common plane is substantially parallel to said at least one substantially flat portion of said bottom wall (Coonce et al., Figs. 1-2 and Paragraph [0027], where the common plane (containing said first peripheral ridge, edge, and engagement tongue 156) is substantially parallel to said at least one substantially flat portion of said bottom wall).
Furthermore, it would have been an obvious matter of design choice to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Malnati et al. as modified by Coonce et al. to have said common plane is substantially parallel to said at least one substantially flat portion of said bottom wall, since applicant has not disclosed that doing so solves any stated problem or is for any particular purpose and it appears that the invention would perform equally as well with the structure shown in Malnati et al. as modified by Coonce et al. The motivation would have been to have the engagement tongue in a position which allows for secure attachment, but also allows for quicker and easier detachment of the lid from the container. A parallel configuration (90 degrees with the vertical axis of the container) provides a more optimal angle which ensures attachment of the lid while enabling the easiest detachment of the lid.
In regard to claim 15, Malnati et al. as modified by Coonce et al.discloses the cage according to claim 1, wherein said engagement seat and said engagement tongue collectively form a restraint means for a mutual restraint between said lid and said basin (Malnati et al., Figs. 1-5 and Paragraph [0033], where said engagement seat 11 and said engagement tongue 7’’’ collectively form a restraint means for a mutual restraint between said lid 1 and said basin 2), wherein the side wall from which said engagement tongue extends does not comprise additional restraint means for the mutual restraint between said lid and said basin (Malnati et al., Figs. 1-5 and Paragraph [0033], where the side wall (which comprises the latch portion 7) from which the engagement tongue 7’’’ extends does not include additional restraint means for the mutual restraint between said lid 1 and said basin 2).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Malnati et al. (U.S. Pub. 20060254528) in view of Coonce et al. (U.S. Pub. 20100237070) as applied to claim 1, and further in view of Grant et al. (U.S. Pub. 20060219652).
In regard to claim 4, Malnati et al. as modified by Coonce et al. discloses the cage according to claim 1, wherein said engagement seat extends into the inner surface of said lateral engagement edge which, with said lid in said first closed position, is adjacent to said basin side walls, and wherein said lateral engagement edge of the lid has a predetermined thickness (Malnati et al., Figs. 1-5, where the engagement seat 11 extends into the inner surface of the lateral engagement edge which, with said lid 1 in said first closed position, is adjacent to said basin 2 side walls and where said lateral engagement edge of the lid 1 at least has a predetermined thickness). Malnati et al. as modified by Coonce et al. is silent on said engagement seat does not extend through nor from an opening in an outer surface of said lateral engagement edge. Grant et al. discloses said engagement seat does not extend through nor from an opening in an outer surface of said lateral engagement edge (Fig. 9, where the engagement seat 40 does not extend through nor from an opening in an outer surface of said lateral engagement edge 34 and at least receives engagement tongue 74). Malnati et al. and Grant et al. are analogous because they are from the same field of endeavor which include containers. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Malnati et al. as modified by Coonce et al. such that said engagement seat does not extend through nor from an opening in an outer surface of said lateral engagement edge in view of Grant et al. The motivation would have been to have a relatively more aesthetic appearance for the container when in the closed position. An externally blind engagement seat and engagement tongue configuration would hide the latching mechanism from view, providing a flush, visually uniform lid exterior.
Response to Arguments
Applicant's arguments filed (filed 01/20/2026) have been fully considered but they are not persuasive. Malnati et al. (U.S. Pub. 20060254528) in view of Coonce et al. (U.S. Pub. 20100237070) discloses the applicant’s claim 1, as specified under Claim Rejections - 35 USC § 103 above.
With regard to the newly added limitations to claim 1, Malnati et al. teaches the one of said plurality of basin side walls from which said engagement tongue extends is a substantially flat wall, and said substantially flat wall has a substantially flat outer surface, a substantially flat inner surface, and a substantially constant thickness in Figs. 1-5, where the one of said plurality of basin side walls (which comprises the latch portion 7) from which said engagement tongue 7’’’ extends is a substantially flat wall and where said substantially flat wall (which comprises the latch portion 7) has a substantially flat outer surface, a substantially flat inner surface, and a substantially constant thickness. Malnati et al. also teaches wherein disengagement of said engagement tongue from said engagement seat is selectively provided by a pressing action in a direction towards said inner space, the pressing action being exerted on the substantially flat outer surface of said substantially flat wall with a sufficient force in Figs. 1-5 and Paragraph [0033], where pressing the latch portion 7 (which is considered a part of the sidewall), towards the inner space, disengages the engagement tongue 7’’’ from the engagement seat 11 and where the pressing action is exerted on the substantially flat outer surface of said substantially flat wall (which comprises the latch portion 7) with a sufficient force. Lastly, Malnati et al. shows that said substantially flat wall is bent towards said inner space when said pressing action is exerted on the substantially flat outer surface and said engagement tongue disengages from said engagement seat in Figs. 1-5 and Paragraph [0033], where the substantially flat wall (which comprises the latch portion 7) from which said engagement tongue 7’’’ extends is at least bent towards said inner space (see Fig. 2A) when said pressing action is exerted on the substantially flat outer surface of the substantially flat wall (which comprises the latch portion 7) such that said engagement tongue 7’’’ disengages from said engagement seat 11.
It is emphasized that in the rejections, the latch portion 7 of Malnati et al. is considered a part of the sidewall and therefore shows the sidewall bending inward from a “pressing action”. Alternatively, although not specified in the rejections above, Coonce is made from plastic, and therefore the sidewalls can at least bend inward and cause disengagement of the lid from the basin.
Furthermore, “the thicknesses of the first peripheral ridge and of the engagement tongue are substantially the same” is an obvious matter of design choice, since there is no criticality to this feature as disclosed in the Applicant’s application. It is deemed to solely be a matter of design choice, as detailed in the rejections above.
With regard to the mapping of Coonce as having a first peripheral ridge 118, this is recognized as an error in mapping. This issue has now been corrected to be mapped to a first peripheral ridge 112 in Coonce. Additionally, the “automatic engagement” of the seat to the tongue is clearly shown in the references. At least Malnati et al. shows some form of “automatic engagement“, at the point of latching when pushing the lid down into the closed position, when interpreted in a reasonably broad manner.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Particularly the references were cited because they pertain to the state of the art of containers.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647