Detailed Action
Amendment
1. This office action is in response to applicant’s amendments dated 10-28-25 and this office action is a final rejection.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
2. 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.
Claim(s) 1, 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication NO. 2013/0247833 to de Bien in view of US Patent Application Publication No. 2006/0162670 to Axelrod et al., further in view of US Patent Application Publication No. 2007/0056524 to Barca and further in view of U.S. Patent No. 8,061,304 to Ramsay et al.
Referring claim 1, De Bien teaches a portable animal enclosure apparatus comprising a kennel body having a kennel roof 103, one or more non-skid feet 329 [protuberance 329 may be located on the underside of the bottom portion 302 paragraph [0477] disposed on a bottom of the kennel body [FIGS. 1-2], wherein the kennel body includes an inner wall defining an enclosure shaped to house the animal and an outer wall at least partially surrounding the inner wall [The top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028]], the inner and outer wall are continuously formed in unitary construction by a molding process [The top portion 101 or the bottom portion 102 may be a lightweight, silastic construction [0028]] and are joined continuously around edges of the inner wall and the outer wall [The top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028] Figs. 1-2]. De Bien does not specifically teach wherein the inner wall, outer wall, and gap are continuously formed in unitary construction by a molding process and are joined continuously around edges of the inner wall and the outer wall. Axelrod teaches the inner wall, outer wall, and gap [a void or null space between sections thereof, which would also similarly provide thermal insulation characteristics [0083]] are continuously formed in unitary construction by a molding process and are joined continuously around edges of the inner wall and the outer wall [prepare structure 10 out of material made from such techniques as gas-assisted injection molding. Such process, which preferably makes use of gases such as nitrogen, provides an inert gas to the interiors (null space) of the sidewalls 12 and 14, roof sections 28 and 30, front wall 29 and rear wall 34. In addition, said structural components can also be made hollow and optionally contain common thermal insulation media such as fiberglass or cellulose type material [0084]] for the purpose of providing a lightweight pet carrier transportation device with a void or null space between inner wall and outer walls formed in unitary construction by molding techniques to provide excellent thermal insulation characteristics to keep the occupant of the structure warm in cold weather, and cool in hot weather. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus as taught by de Bien to include the inner wall, outer wall, and gap that are continuously formed in unitary construction by a molding process and joined continuously around edges of the inner wall and the outer wall as taught by Axelrod because doing so would have provided a void or null space between inner wall and outer walls formed in unitary construction by molding techniques to provide excellent thermal insulation characteristics to keep the occupant of the structure warm in cold weather, and cool in hot weather. De Bien in view of Axelrod does not specifically teach a first handle and a second handle disposed on the kennel roof. Barca teaches a first handle 108 and a second handle 110 disposed on the kennel roof [primary handle 108, secondary handles 100 [0030]]; depicted in FIG. 1, primary handle 108 is folded atop housing 102 such that it surrounds the perimeter of the secondary handle 110 located atop recessed upwardly facing surface 118 of housing 102 [0040] for the purpose of providing handles to aid an operator with comfortable lifting, carrying, or otherwise transporting the kennel. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus as taught by de Bien in view of Axelrod to include a first handle and a second handle disposed on the kennel roof as taught by Barca because doing so would have provided handles to aid an operator with comfortable lifting, carrying, or otherwise transporting the kennel. De Bien as modified by Axelrod and Barca does not disclose a plurality of support standoffs each disposed in the gap and extending between the inner wall and outer wall, wherein the inner wall, outer wall, and plurality of support standoffs are continuously formed in unitary construction by a molding process. Ramsay et al. does disclose a plurality of support standoffs – at 68, each disposed in the gap extending between the inner wall – at 50 and the outer wall – at 20 – see figures 3a and 4, wherein the inner wall – at 50, the outer wall – at 20 and the plurality of support standoffs – at 68, are continuously formed in unitary construction by a molding process – see figures 3a and 4 and column 5 lines 11-41. Therefore it would have been obvious to one of ordinary skill in the art to take the device of de Bien as modified by Axelrod and Barca and add the standoffs of Ramsay et al., so as to yield the predictable result of making the device stronger and more durable for repeated use. De Bien as modified by Axelrod, Barca and Ramsay et al. further discloses the inner wall, the outer wall and the plurality of standoffs are continuously formed as a unitary molded object with double-walled construction – see wall [The top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028]], the inner and outer wall are continuously formed in unitary construction by a molding process as disclosed by De Bien, and further see the inner wall, outer wall, and gap [a void or null space between sections thereof, which would also similarly provide thermal insulation characteristics [0083]] are continuously formed in unitary construction by a molding process and are joined continuously around edges of the inner wall and the outer wall [prepare structure 10 out of material made from such techniques as gas-assisted injection molding. Such process, which preferably makes use of gases such as nitrogen, provides an inert gas to the interiors (null space) of the sidewalls 12 and 14, roof sections 28 and 30, front wall 29 and rear wall 34. In addition, said structural components can also be made hollow and optionally contain common thermal insulation media such as fiberglass or cellulose type material [0084]] for the purpose of providing a lightweight pet carrier transportation device with a void or null space between inner wall and outer walls formed in unitary construction by molding techniques to provide excellent thermal insulation characteristics to keep the occupant of the structure warm in cold weather, and cool in hot weather as disclosed by Axelrod and see a plurality of support standoffs – at 68, each disposed in the gap extending between the inner wall – at 50 and the outer wall – at 20 – see figures 3a and 4, wherein the inner wall – at 50, the outer wall – at 20 and the plurality of support standoffs – at 68, are continuously formed in unitary construction by a molding process – see figures 3a and 4 and column 5 lines 11-41 of Ramsay et al. Therefore it would have been obvious to one of ordinary skill in the art to take the device of de Bien as modified by Axelrod, Barca and Ramsay et al. disclosing a double walled construction and adding standoffs as disclosed by Ramsay et al. and making the double walls and standoffs a unitary molded structure as disclosed by Axelrod and standoffs made from molding as detailed by Ramsay et al., so as to yield the predictable result of making the device stronger and to control the temperature in the device during use.
Referring to claim 3, De Bien in view of Axelrod, Barca and Ramsay et al. teaches (references to Axelrod) the apparatus of claim 1 having a filler material disposed in the gap between the inner and outer walls [prepare structure 10 out of material made from such techniques as gas-assisted injection molding. Such process, which preferably makes use of gases such as nitrogen, provides an inert gas to the interiors (null space) of the sidewalls 12 and 14, roof sections 28 and 30, front wall 29 and rear wall 34. In addition, said structural components can also be made hollow and optionally contain common thermal insulation media such as fiberglass or cellulose type material [0084]].
Referring to claim 5, De Bien in view of Axelrod, Barca and Ramsay et al. teaches (references to Axelrod) the apparatus of claim 1 having a gas filling gap between the inner and outer walls [prepare structure 10 out of material made from such techniques as gas-assisted injection molding. Such process, which preferably makes use of gases such as nitrogen, provides an inert gas to the interiors (null space) of the sidewalls 12 and 14, roof sections 28 and 30, front wall 29 and rear wall 34 [0084]].
Claims 2, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over de Bien (US Patent Publication 2013/0247833) in view of Axelrod et al. (US Patent Publication 2006/0162670), Barca (US Patent Publication 2007/0056524) and Ramsay et al. as applied to claims 1 and 3 above, and further in view of Hampel (US 6,408,796).
Referring to claim 2, De Bien in view of Axelrod, Barca and Ramsay et al. teaches (references to De Bien) the apparatus of claim 1 having inner and outer walls [The top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028]]. De Bien in view of Axelrod, Barca and Ramsay et al. does not specifically teach the inner and outer walls are rotational molded. Hampel teaches inner 62 and outer 64 walls that are rotational molded [panels 44 may be formed of any suitable resin using any suitable technique, such as blow molding or roto-molding processes known in the art; end panels 44 are comprised of two walls, an inside wall 62 and an outside wall 64 (shown for example in FIG. 8), formed so as to be fused al some locations and separated from each other at other locations, col. 5 lines 25-31] for the purpose of providing a shelter structures for animals with inner and outer walls molded together and formed of a plastic resin material using a suitable roto-molding process known in the art to reduce assembly time and material costs. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus as taught by De Bien in view of Axelrod, Barca and Ramsay et al. to include inner and outer walls that are rotational molded as taught by Hampel because doing so would have provided a shelter structures for animals with inner and outer walls molded together and formed of a plastic resin material using a suitable roto-molding process known in the art to reduce assembly time and material costs.
Referring to claim 4, De Bien in view of Axelrod, Barca and Ramsay et al. teaches (references to De Bien) the apparatus of claim 3 having inner and outer walls [the top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028]]. De Bien in view of Axelrod, Barca and Ramsay et al. does not specifically teach the inner and outer walls are rotational molded. Hampel teaches inner 62 and outer 64 walls that are rotational molded [panels 44 may be formed of any suitable resin using any suitable technique, such as blow molding or roto-molding processes known in the art; end panels 44 are comprised of two walls, an inside wall 62 and an outside wall 64 (shown for example in FIG. 8), formed so as to be fused at some locations and separated from each other at other locations, col. 5 lines 25-31] for the purpose of providing a shelter structures for animals with inner and outer walls molded together and farmed of a plastic resin material using a suitable roto-molding process known in the art to reduce assembly time and material costs. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus as taught by De Bien in view of Axelrod, Barca and Ramsay et al. to include inner and outer walls that are rotational molded as taught by Hampel because doing so would have provided a shelter structures for animals with inner and outer walls molded together and formed of a plastic resin material using a suitable roto-molding process known in the art to reduce assembly time and material costs
Referring to claim 6, De Bien in view of Axelrod, Barca and Ramsay et al. teaches (references to De Bien) the apparatus of claim 5 having inner and outer walls [the top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028]]. De Bien in view of Axelrod, Barca and Ramsay et al. does not specifically teach the inner and outer walls are rotational molded. Hampel teaches inner 62 and outer 64 walls that are rotational molded [panels 44 may be formed of any suitable resin using any suitable technique, such as blow molding or roto-molding processes known in the art; end panels 44 are comprised of two walls, an inside wall 62 and an outside wall 64 shown for example in figure 8], formed so as to be fused at some locations and separated from each other at other locations, col. 5 lines 25-31] for the purpose of providing a shelter structures for animals with inner and outer walls molded together and formed of a plastic resin material using a suitable roto-molding process known in the art to reduce assembly time and maternal costs. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus as taught by De Bien in view of Axelrod, Barca and Ramsay et al. to include inner and outer walls that are rotational molded as taught by Hampel because doing so would have provided a shelter structures for animals with inner and outer walls molded together and formed of a plastic resin material using a suitable roto-molding process known in the art to reduce assembly time and material costs.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over de Bien in view of Axelrod et al., Barca and Ramsay et al. as applied to claim 1 above, and further in view of Jenkins (US 5,220,882).
Referring to claim 7, De Bien in view of Axelrod, Barca and Ramsay et al. teaches the apparatus of claim 1. De Bien further teaches door 223 pivotally attached to the enclosure at a door hinge [FIG. 2] wherein the door is moveable from a closed position to an open position. De Bien in view of Axelrod, Barca and Ramsay et al. does not specifically teach wherein the door is moveable to an open position greater than about 180 degrees from the closed position alongside the outer wall. Jenkins teaches a door 26 is moveable from a closed position to an open position greater than about 180 degrees from the closed position [allow the door to swing open more than 180 degrees from the closed position, col. 2 lines 5-7] alongside the outer wall for the purpose of providing unobstructed access for safely removing the animal within thereby reducing stress on the animal and risk of injury to the animal handler. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus taught by De Bien in view of Axelrod, Barca and Ramsay et al. to include wherein the door is moveable to an open position greater than about 180 degrees from the closed position alongside the outer wall as taught by Jenkins because doing so would have provided unobstructed access for safely removing the animal within thereby reducing stress on the animal and risk of injury to the animal handler.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over de Bien in view of Axelrod et al., Barca, Ramsay et al. and Jenkins (US 5,220,882) as applied to claim 7 above, and further in view of Hampel (US 6,408,796).
Referring to claim 8, De Bien in view of Axelrod, Barca, Ramsay et al. and Jenkins teaches (references to De Bien) the apparatus of claim 3 having inner and outer walls [the top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028]]. De Bien in view of Axelrod, Barca, Ramsay et al. and Jenkins does not specifically teach the inner and outer walls are rotational molded. Hampel teaches inner 62 and outer 64 walls that are rotational molded [panels 44 may be formed of any suitable resin using any suitable technique, such as blow molding or roto-molding processes known in the art; end panels 44 are comprised of two walls, an inside wall 62 and an outside wall 64 (shown for example in (FIG. 8), formed so as to be fused at some locations and separated from each other at other locations, col. 5 lines 25-31] for the purpose of providing a shelter structures for animals with inner and outer walls molded together and farmed of a plastic resin material using a suitable roto-molding process known in the art to reduce assembly time and material costs. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus as taught by De Bien in view of Axelrod, Barca, Ramsay et al. and Jenkins to include inner and outer walls that are rotational molded as taught by Hampel because doing so would have provided a shelter structures for animals with inner and outer walls molded together and formed of a plastic resin material using a suitable roto-molding process known in the art to reduce assembly time and material costs.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over de Bien (US Patent Publication 2013/0247833) in view of Richmond (US 6,345,591), Scoggins (US Patent Publication 2013/0055962), further in view of U.S. Patent No. 4,256,056 to Sou, further in view of Axelrod and further in view of Ramsay et al.
Referring to claim 9, De Bien teaches a portable animal kennel apparatus comprising a kennel body having an inner wall, an outer wall [the top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028]], a door 223 pivotally attached to the kennel body at a door hinge [FIG. 2] moveable from a closed position covering an opening shaped to allow the animal to enter and exit the kennel to an open position [As depicted in FIG. 2, a modular door 223 may be disposed within the top portion forward opening and the bottom portion forward opening [0046]]. De Bien does not specifically teach a plurality of attachment bars disposed on the kennel body in an attachment recess integrally formed in the outer wall such that the attachment bar does not extend outwardly from the kennel body. Richmond teaches a plurality of attachment bars 48 disposed on the kennel body in a corresponding attachment recess integrally formed in the outer wall [Retaining members such as clasps 48 are disposed near the bottom of the four (4) corners of the ledge portion 46, col. 5 lines 13-16] for the purpose of providing the pet carrier with attachment bars disposed near the bottom of the four corners of an attachment recess integrally formed in the outer wall to provide for secure coupling of straps to provide for a manual grasping of the straps to hold the carrier by hand for easy and comfortable transport by the pet owner of the pet carrier. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus as taught by De Bien to include one or more attachment bars on the kennel body in an attachment recess integrally formed in the outer wall such that the attachment bar does not extend outwardly from the kennel body as taught by Richmond because doing so would have provided attachment bars for secure coupling of straps to provide for a manual grasping of the straps to hold the carrier by hand for easy and comfortable transport by the pet owner of the pet carrier. De Bien in view of Richmond does not specifically teach a drain hole defined in the kennel body. Scoggins teaches drain hole 6 defined in the kennel body for the purpose of providing drainage for urine excreted by the animal. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal kennel apparatus as taught by De Bien in view of Richmond to include a drain hole in the kennel body as taught by Scoggins because doing so would have provided drainage for urine excreted by the animal. De Bien as modified by Richmond and Scoggins does not disclose the attachment bars do not extend outwardly from the kennel body. Sou does disclose the attachment bars – at 23a,23b do not extend outwardly from the kennel body – see figures 1-2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of De Bien as modified by Richmond and Scoggins and add the bars not extending outwardly from the kennel body as disclosed by Sou, so as to yield the predictable result of providing for the bars to not be in a position to contact and bother the user during use. De Bien as modified by Richmond, Scoggins and Sou does not disclose a plurality of support standoffs each disposed in the gap and extending between the inner wall and outer wall, wherein the inner wall, outer wall, and plurality of support standoffs are continuously formed in unitary construction by a molding process. Ramsay et al. does disclose a plurality of support standoffs – at 68, each disposed in the gap extending between the inner wall – at 50 and the outer wall – at 20 – see figures 3a and 4, wherein the inner wall – at 50, the outer wall – at 20 and the plurality of support standoffs – at 68, are continuously formed in unitary construction by a molding process – see figures 3a and 4 and column 5 lines 11-41. Therefore it would have been obvious to one of ordinary skill in the art to take the device of de Bien as modified by Axelrod and Barca and add the standoffs of Ramsay et al., so as to yield the predictable result of making the device stronger and more durable for repeated use. De Bien as modified by Richmond, Scoggins, Sou, Axelrod and Ramsay et al. further discloses the inner wall, the outer wall and the plurality of standoffs are continuously formed as a unitary molded object with double-walled construction – see wall [The top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028]], the inner and outer wall are continuously formed in unitary construction by a molding process as disclosed by De Bien, and further see the inner wall, outer wall, and gap [a void or null space between sections thereof, which would also similarly provide thermal insulation characteristics [0083]] are continuously formed in unitary construction by a molding process and are joined continuously around edges of the inner wall and the outer wall [prepare structure 10 out of material made from such techniques as gas-assisted injection molding. Such process, which preferably makes use of gases such as nitrogen, provides an inert gas to the interiors (null space) of the sidewalls 12 and 14, roof sections 28 and 30, front wall 29 and rear wall 34. In addition, said structural components can also be made hollow and optionally contain common thermal insulation media such as fiberglass or cellulose type material [0084]] for the purpose of providing a lightweight pet carrier transportation device with a void or null space between inner wall and outer walls formed in unitary construction by molding techniques to provide excellent thermal insulation characteristics to keep the occupant of the structure warm in cold weather, and cool in hot weather as disclosed by Axelrod and see a plurality of support standoffs – at 68, each disposed in the gap extending between the inner wall – at 50 and the outer wall – at 20 – see figures 3a and 4, wherein the inner wall – at 50, the outer wall – at 20 and the plurality of support standoffs – at 68, are continuously formed in unitary construction by a molding process – see figures 3a and 4 and column 5 lines 11-41 of Ramsay et al. Therefore it would have been obvious to one of ordinary skill in the art to take the device of de Bien as modified by Axelrod, Barca and Ramsay et al. disclosing a double walled construction and adding standoffs as disclosed by Ramsay et al. and making the double walls and standoffs a unitary molded structure as disclosed by Axelrod and standoffs made from molding as detailed by Ramsay et al., so as to yield the predictable result of making the device stronger and to control the temperature in the device during use.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over de Bien in view of Richmond, Scoggins, Sou, Axelrod and Ramsay et al. as applied to claim 9 above, and further in view of Dietrich (US 5,168,829).
Referring to claim 10, De Bien in view of Richmond, Scoggins, Sou, Axelrod and Ramsay et al. teaches (references to De Bien) the apparatus of claim 9 having a door 223 [as depicted in FIG. 2, a modular door 223 may be disposed within the top portion forward opening and the bottom portion forward opening [0046]]. De Bien in view of Richmond, Scoggins, Sou, Axelrod and Ramsay et al. does not specifically teach an L-shaped door bracket disposed on the door, wherein the door bracket is pivotally attached to the door hinge. Dietrich teaches an L-shaped door bracket 30, 30’ disposed on the door 14, wherein the door bracket is pivotally attached to the door hinge [FIG. 3] for the purpose of providing for the door to ride or swing open without lifting out of place. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal kennel apparatus taught by De Bien in view of Richmond, Scoggins, Sou, Axelrod and Ramsay et al. to include an L-shaped door bracket disposed on the door, wherein the door bracket is pivotally attached to the door hinge as taught by Dietrich because doing so would have provided for the door to ride or swing open without lifting out of place.
Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over de Bien as modified by Richmond, Scoggins, Sou, Axelrod, Ramsay et al. and Dietrich as applied to claim 10 above, and further in view of U.S. Patent No. 4,819,582 to Lichvar.
Referring to claim 11, de Bien as modified by Richmond, Scoggins, Sou, Axelrod, Ramsay et al. and Dietrich does not disclose the door hinge is offset from the local kennel outer wall by a first offset distance; and the door hinge is offset from the plane of the door by a second offset distance, wherein the second offset distance is greater than the first offset distance. Lichvar does disclose the door hinge – at 28, is offset from the local kennel outer wall – at 14, by a first offset distance – se figures 1-2 and 6, and the door hinge – at 28, is offset from the plane of the door – at 22, by a second offset distance – see portion of 28 connected at 26,27 in figure 6, wherein the second offset distance is greater than the first offset distance – see figures 1-2 and 6. Therefore it would have been obvious to one of ordinary skill in the art to take the device of de Bien as modified by Richmond, Scoggins, Sou, Axelrod, Ramsay et al. and Dietrich and add the offset door hinge of Lichvar, so as to yield the predictable result of allowing for the door to be moved into a position so as to facilitate easier loading and unloading of the device as desired.
Referring to claim 12, de Bien as modified by Richmond, Scoggins, Sou, Axelrod, Ramsay et al. and Dietrich further discloses the door hinge is located on a kennel bracket – at 27, protruding from the kennel body – see figure 6 of Lichvar. Therefore it would have been obvious to one of ordinary skill in the art to take the device of de Bien as modified by Richmond, Scoggins, Sou, Axelrod, Ramsay et al. and Dietrich and add the offset door hinge of Lichvar, so as to yield the predictable result of allowing for the door to be moved into a position so as to facilitate easier loading and unloading of the device as desired.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over De Bien in view of Axelrod et al., further in view of Barca, further in view of Scoggins and further in view of Ramsay et al.
Referring to claim 13, De Bien teaches a portable animal kennel apparatus comprising a kennel body having a kennel roof 103 and a bottom [an underside of the bottom portion 302 [0047], wherein the kennel body includes a first housing member 101 including a first inner wall and a first outer wall [the top portion 101or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028] continuously formed in unitary construction by a molding process and are joined continuously around edges of the first inner wall and the first outer wall [the top portion 101 or the bottom portion 102 may be a lightweight, plastic construction [0028]; The top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028] FIGS, 1-2], and a second housing member 102 including a second inner wall and a second outer wall [the top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028] continuously formed in unitary construction by a molding process and are joined continuously around edges of the second inner wall and the second outer wall [the top portion 101 or the bottom portion 102 may be a lightweight, plastic construction [0028]; the top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028] (Figs. 1-2); wherein the first 101 and second 102 housing members are securable together to form a housing for the animal [the top portion 101 and the bottom portion 102 may be secured together to form a structure that provides temporary housing for a small animal [0027]] and one or more non-skid feet 329 disposed on the bottom of the kennel body [protuberance 329 may be located on the underside of the bottom portion 302 [0047]].
De Bien does not specifically teach a first inner wall and a first outer wall spaced by a first wall gap, wherein the first inner wall, first outer wall, and first wall gap are continuously formed in unitary construction by a molding process and are joined continuously around edges of the first inner wall and the first outer wall, and a second inner wall and a second outer wall spaced by a second wall gap, wherein the second inner wall, second outer wall, and second wall gap are continuously formed in unitary construction by a molding process and are joined continuously around edges of the second inner wall and the second outer wall. Axelrod teaches a first inner wall and a first outer wall spaced by a first wall gap [a void or null space between sections thereof, which would also similarly provide thermal insulation characteristics [0083]], wherein the first inner wall, first outer wall, and first wall gap are continuously formed in unitary construction by a molding process and are joined continuously around edges of the first inner wall and the first outer wall [prepare structure 10 out of material made from such techniques as gas-assisted injection molding. Such process, which preferably makes use of gases such as nitrogen, provides an inert gas to the interiors (null space) of the sidewalls 12 and 14, roof sections 28 and 30, front wall 29 and rear wall 34. In addition, said structural components can also be made hollow and optionally contain common thermal insulation media such as fiberglass or cellulose type material [0084]], and a second inner wall and a second outer wall spaced by a second wall gap [a void or null space between sections thereof, which would also similarly provide thermal insulation characteristics [0083]], wherein the second inner wall, second outer wall, and second wall gap are continuously formed in unitary construction by a molding process and are joined continuously around edges of the second inner wall and the second outer wall [prepare structure 10 out of material made from such techniques as gas-assisted injection molding. Such process, which preferably makes use of gases such as nitrogen, provides an inert gas to the interiors (null space) of the sidewalls 12 and 14, roof sections 28 and 30, front wall 29 and rear wall 34. In addition, said structural components can also be made hollow and optionally contain common thermal insulation media such as fiberglass or cellulose type material [0084]] for the purpose of providing a lightweight pet carrier transportation device with a void or null space between inner wall and outer walls formed in unitary construction by molding techniques to provide excellent thermal insulation characteristics to keep the occupant of the structure warm in cold weather, and cool in hot weather. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus as taught by De Bien to include a first inner wall and a first outer wall spaced by a first wall gap, wherein the first inner wall, first outer wall, and first wall gap are continuously formed in unitary construction by a molding process and are joined continuously around edges of the first inner wall and the first outer wall, and a second inner wall and a second outer wall spaced by a second wall gap, wherein the second inner wall, second outer wall, and second wall gap are continuously formed in unitary construction by a molding process and are joined continuously around edges of the second inner wall and the second outer wall as taught by Axelrod because doing so would have provided a lightweight pet carrier transportation device with a void or null space between inner wall and outer walls formed in unitary construction by molding techniques to provide excellent thermal insulation characteristics to keep the occupant of the structure warm in cold weather, and cool in hot weather. De Bien in view of Axelrod does not specifically teach a first handle and a second handle disposed on the kennel roof and one or more attachment bars disposed on the kennel body. Barca teaches a first handle 108 and a second handle 110 disposed on the kennel roof [primary handle 108, secondary handles 110 [0030]]; depicted in FIG. 1, primary handle 108 is folded atop housing 102 such that it surrounds the perimeter of the secondary handle 110 located atop recessed upwardly facing surface 118 of housing 102 [0040]] and one or more attachment bars 110 disposed on the kennel body [handles 110 may also be included in embodiments of the present invention for a variety of purposes. In some aspects of the present invention such as that depicted in FIG. 1, secondary handles 110 are folding handles contained within a recess of housing 102 such that when secondary handle 110 is in a folded state, it lies within the recess and does not extend beyond the respective outwardly facing surface of housing 102. [0044]] for the purpose of providing handles to aid an operator with comfortable lifting, carrying, or otherwise transporting the kennel. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal enclosure apparatus as taught by De Bien in view of Axelrod to include a first handle and a second handle disposed on the kennel roof and one or more attachment bars disposed on the kennel body as taught by Barca because doing so would have provided handles to aid an operator with comfortable lifting, carrying, or otherwise transporting the kennel. De Bien in view of Axelrod and Barca does not specifically teach a drain hole defined in the kennel body. Scoggins teaches drain hole 6 defined in the kennel body for the purpose of providing drainage for urine excreted by the animal. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal kennel apparatus as taught by De Bien in view of Axelrod and Barca to include a drain hole in the kennel body as taught by Scoggins because doing so would have provided drainage for urine excreted by the animal. De Bien as modified by Axelrod, Barca and Scoggins does not disclose the first housing member has a first plurality of support standoffs each disposed in the gap and extending between the inner wall and outer wall, wherein the inner wall, outer wall, and the first plurality of support standoffs are continuously formed in unitary construction by a molding process and the second housing member has a second plurality of standoffs each disposed in the gap and extending between the inner and outer wall, wherein the inner wall, the outer wall and the second plurality of support standoffs are continuously formed in unitary construction by a molding process. Ramsay et al. does disclose the first housing member – at the left side of item 10, has a first plurality of support standoffs – at 68, each disposed in the gap extending between the inner wall – at 50 and the outer wall – at 20 – see figures 3a and 4, wherein the inner wall – at 50, the outer wall – at 20 and the first plurality of support standoffs – at 68, are continuously formed in unitary construction by a molding process – see figures 3a and 4 and column 5 lines 11-41 and the second housing member – right side of 10, has a second plurality of support standoffs – at 68, each dispose in the gap extending between the inner wall – at 50 and the outer wall – at 20 – see figures 3a and 4, wherein the inner wall – at 50, the outer wall – at 20 and the second plurality of support standoffs – at 68, are continuously formed in unitary construction by a molding process – see figures 3a and 4 and column 5 lines 1-41. Therefore it would have been obvious to one of ordinary skill in the art to take the device of de Bien as modified by Axelrod, Barca and Scoggins and add the standoffs of Ramsay et al., so as to yield the predictable result of making the device stronger and more durable for repeated use. De Bien as modified by Axelrod, Barca, Scoggins and Ramsay et al. further discloses the inner wall, the outer wall and the plurality of standoffs are continuously formed as a unitary molded object with double-walled construction – see wall [The top portion 101 or the bottom portion 102 may be constructed with double walls for added strength, stability, or insulation [0028]], the inner and outer wall are continuously formed in unitary construction by a molding process as disclosed by De Bien, and further see the inner wall, outer wall, and gap [a void or null space between sections thereof, which would also similarly provide thermal insulation characteristics [0083]] are continuously formed in unitary construction by a molding process and are joined continuously around edges of the inner wall and the outer wall [prepare structure 10 out of material made from such techniques as gas-assisted injection molding. Such process, which preferably makes use of gases such as nitrogen, provides an inert gas to the interiors (null space) of the sidewalls 12 and 14, roof sections 28 and 30, front wall 29 and rear wall 34. In addition, said structural components can also be made hollow and optionally contain common thermal insulation media such as fiberglass or cellulose type material [0084]] for the purpose of providing a lightweight pet carrier transportation device with a void or null space between inner wall and outer walls formed in unitary construction by molding techniques to provide excellent thermal insulation characteristics to keep the occupant of the structure warm in cold weather, and cool in hot weather as disclosed by Axelrod and see a plurality of support standoffs – at 68, each disposed in the gap extending between the inner wall – at 50 and the outer wall – at 20 – see figures 3a and 4, wherein the inner wall – at 50, the outer wall – at 20 and the plurality of support standoffs – at 68, are continuously formed in unitary construction by a molding process – see figures 3a and 4 and column 5 lines 11-41 of Ramsay et al. Therefore it would have been obvious to one of ordinary skill in the art to take the device of de Bien as modified by Axelrod, Barca, Scoggins and Ramsay et al. disclosing a double walled construction and adding standoffs as disclosed by Ramsay et al. and making the double walls and standoffs a unitary molded structure as disclosed by Axelrod and standoffs made from molding as detailed by Ramsay et al., so as to yield the predictable result of making the device stronger and to control the temperature in the device during use.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over De Bien in view of Axelrod et al., Barca, Scoggins and Ramsay et al. as applied to claim 13 above, and further in view of Hovsepian (US Patent Publication 2013/0220231).
Referring to claim 14, De Bien in view of Axelrod, Barca, Scoggins and Ramsay et al. teaches (references to De Bien) the apparatus of claim 13, wherein the first and second housing members are molded [the top portion 101 or the bottom portion 102 may be a lightweight, plastic construction [0028]]. De Bien in view of Axelrod, Barca, Scoggins and Ramsay et al. does not specifically teach first and second housing members that are rotationally molded. Hovsepian teaches first 90 and second 92 housing members [a clamshell configuration with an upper half mounted on a lower half, claim 4; locking structure between the upper and lower halves, Claim 5] are rotationally molded [the entire assembly can be rotational molded in a single piece [0073]] for the purpose of providing housing members that can be molded as one part eliminating high fabrication costs. It would have been obvious to one having ordinary skill in the art before the effective filing date of he claimed invention to modify the portable animal kennel apparatus as taught by De Bien in view of Axelrod, Barca, Scoggins and Ramsay et al. to include wherein the first and second housing members are rotationally molded as taught by Hovsepian because doing so would have provided housing members that can be molded as one part eliminating high fabrication costs.
Claims 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over De Bien in view of Axelrod et al. further in view of, Barca, further in view of Scoggins, further in view of Ramsay et al. and further in view of Hovsepian as applied to claim 14 above, and further in view of Kinder et al. (US 6,571,740).
Referring to claim 16, De Bien in view of Axelrod, Barca, Scoggins, Ramsay et al. and Hovsepian teaches (references to De Bien) the apparatus of claim 14 having second housing member 102. De Bien in view of Axelrod, Barca, Scoggins, Ramsay et al. and Hovsepian does not specifically teach a recessed moat defined in the floor along the outer perimeter. Kinder teaches a recessed moat 54 defined in the floor along the outer perimeter [bottom wall contains a moat, Claim 7] for the purpose of providing drainage for urine excreted by the animal.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal kennel apparatus as taught by De Bien in view of Axelrod, Barca, Scoggins, Ramsay et al. and Hovsepian to include a recessed moat defined in the floor along the outer perimeter as taught by Kinder because doing so would have provided drainage for urine excreted by the animal.
Referring to claim 17, De Bien in view of Axelrod, Barca, Scoggins, Ramsay et al. Hovsepian, and Kinder teaches (references to De Bien) the apparatus of claim 16 having second housing member 102. De Bien in view of Axelrod, Barca, Scoggins, Hovsepian, and Kinder teaches (references to Kinder) the apparatus of claim 14 having moat 54. De Bien in view of Axelrod, Barca, Scoggins, Ramsay et al., Hovsepian, and Kinder teaches (references to Scoggins) the apparatus of claim 14 having drain hole 6. Please note in the combination of De Bien in view of Axelrod, Barca, Scoggins, Ramsay et al., Hovsepian, and Kinder the drain hole is in the second housing member and in fluid communication with the moat.
Referring to claim 18, De Bien in view of Axelrod, Barca, Scoggins, Ramsay et al., Hovsepian, and Kinder teaches (references to Scoggins) the apparatus of claim 17 having drain hole 6. De Bien in view of Axelrod, Barca, Scoggins, Hovsepian, Ramsay et al., and Kinder does not specifically teach a removable drain plug disposed in the drain hole. Scoggins further teaches a removable drain plug [drainage hole with a plug, claim 2] disposed in the drain hole for the purpose of providing drainage for urine excreted by the animal when the plug is removed.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable animal kennel apparatus as taught by De Bien in view of Axelrod, Barca, Scoggins, Ramsay et al., Hovsepian, and Kinder to include a drain plug as taught by Scoggins because doing so would have provided drainage for urine excreted by the animal when the plug is removed.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over de Bien as modified by Axelrod, Barca and Ramsay et al. as applied to claim 1 above, and further in view of Sou.
Referring to claim 19, de Bien as modified by Axelrod, Barca and Ramsay et al. does not disclose a plurality of attachment bars each disposed on an upper corner along an outer profile of the kennel body in a corresponding attachment recess of a plurality of attachment recesses each integrally formed in the outer wall, such that each attachment bar does not extend outwardly from the kennel body. Sou does disclose a plurality of attachment bars – at 23a,23b, each disposed on an upper corner along an outer profile of the kennel body – see figures 1-2, in a corresponding attachment recess – in item 16, of a plurality of attachment recesses – at 16, each integrally formed in the outer wall – see figures 1-2, such that each attachment bar – at 23a,23b, does not extend outwardly from the kennel body – see figures 1-2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of De Bien as modified by Axelrod, Barca and Ramsay et al. and add the bars not extending outwardly from the kennel body as disclosed by Sou, so as to yield the predictable result of providing for the bars to not be in a position to contact and bother the user during use.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over de Bien as modified by Axelrod, Barca, Ramsay et al. and Scoggins as applied to claim 13 above, and further in view of Sou.
Referring to claim 20, de Bien as modified by Axelrod, Barca, Ramsay et al. and Scoggins does not disclose a plurality of attachment bars each disposed on an upper corner along an outer profile of the kennel body in a corresponding attachment recess of a plurality of attachment recesses each integrally formed in the outer wall, such that each attachment bar does not extend outwardly from the kennel body. Sou does disclose a plurality of attachment bars – at 23a,23b, each disposed on an upper corner along an outer profile of the kennel body – see figures 1-2, in a corresponding attachment recess – in item 16, of a plurality of attachment recesses – at 16, each integrally formed in the outer wall – see figures 1-2, such that each attachment bar – at 23a,23b, does not extend outwardly from the kennel body – see figures 1-2. Therefore it would have been obvious to one of ordinary skill in the art to take the device of De Bien as modified by Axelrod, Barca, Ramsay et al. and Scoggins and add the bars not extending outwardly from the kennel body as disclosed by Sou, so as to yield the predictable result of providing for the bars to not be in a position to contact and bother the user during use.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over de Bien as modified by Axelrod, Barca, Ramsay et al. and Scoggins as applied to claim 13 above, and further in view of Ramsay et al.
Referring to claim 21, de Bien as modified by Axelrod, Barca and Scoggins does not disclose the first one or more first one or more support standoffs includes a first plurality of one or more support standoffs, and wherein the second one or more support standoffs includes a second plurality of one or more support standoffs. Ramsay et al. does disclose the first one or more support standoffs – at 68, includes a first plurality of one or more support standoffs – see at 68 on either side of 10 in figures 3a and 4, and wherein the second one or more support standoffs – at others of 68, includes a second plurality of one or more support standoffs – at 68 – see on the other side of 10 in figures 3a,4. Therefore it would have been obvious to one of ordinary skill in the art to take the device of de Bien as modified by Axelrod, Barca and Scoggins and add the standoffs of Ramsay et al., so as to yield the predictable result of making the device stronger and more durable for repeated use. It is recommended that applicant change “the first one or more first one or more” in line 1 of claim 21 to - -the first one or more- -.
Response to Arguments
3. Regarding the prior art rejections of claim 1, the Ramsay et al. reference US 8061304 discloses a plurality of support standoffs – at 68, each disposed in the gap extending between the inner wall – at 50 and the outer wall – at 20 – see figures 3a and 4, wherein the inner wall – at 50, the outer wall – at 20 and the plurality of support standoffs – at 68, are continuously formed in unitary construction by a molding process – see figures 3a and 4 and column 5 lines 11-41 of Ramsay et al. Applicant argues that the passage of column 8 lines 42-52 of Ramsay et al. shows that the standoffs are not made by molding since this passage details the standoffs made of cylindrical plastic construction that is rigidly affixed to the walls by adhesives, plastic welding, epoxies or the like. The phrase “or the like” contemplates other types of connections can be used and given that the standoffs are disclosed as being made of plastic which is a material commonly used in molding manufacturing processes and given that column 5 lines 11-41 discloses the device can be made by molding and given the teachings of the Axelrod et al. reference US 2006/0162670 detailing injection molding processes used in making the device as seen in paragraph [0084], it would have been obvious to one of ordinary skill in the art to make the standoffs of Ramsay et al. via a molding process and when incorporating the standoffs of Ramsay et al. into the device of the De Bien reference US 2013/0247833 as modified by the Axelrod et al. reference it would have been obvious to make the entire wall and standoff structure of a unitary piece so as to make the device easier to manufacture and more durable for repeated use. Therefore the combination of these references renders the claims obvious as detailed earlier in paragraph 2 of this office action.
Regarding the prior art rejections of claims 9 and 13, applicant relies upon the same arguments with respect to claim 1 discussed earlier.
Regarding the prior art rejections of claims 2-8, 10-12, 14 and 16-21, applicant relies upon the same arguments with respect to parent claims 1, 9 and 13 discussed earlier.
Conclusion
4. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J PARSLEY whose telephone number is (571)272-6890. The examiner can normally be reached Monday-Friday, 8am-4pm EST.
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/DAVID J PARSLEY/Primary Examiner, Art Unit 3643