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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered.
Notice to Applicant
Claims 1-2, 5, 7-8, 10-11, 15-16, 18, 20 have been examined in this application. This communication is a final rejection in response to the “Amendments to the claims” and “Remarks” filed 12/29/2025.
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.
Claims 1, 5, 7, 8, 11, 16, and 18 are rejected under 35 USC 103 as being unpatentable over US Patent Application Number 2014/0060445 by Wilms in view of US Patent Application Number 2012/0152175 by Li, DE 19526936 to Fenten, and US Patent Application Number 2008/0083376 by Hurwitz.
Regarding claim 1, Wilms discloses a method of temporary storage of a domesticated animal comprising: providing a space (enclosure 15) defined by a door (door 39) and top (roof 22), bottom (floor 12), side (walls 18, 20) and back surfaces (wall 16), wherein the door is configured to be opened based on identification based on a payment method (see paragraphs 35-36, 48, 62-63, 70-72, and claims 14-16).
Wilms does not disclose the space including a removable pad, wherein the removable pad comprises an absorbent material. However, this limitation is taught by Li. Li discloses a pad containing a super absorbent polymer that absorbs liquids and turns the liquid into gel (see paragraph 10). It would be obvious to a person having ordinary skill in the art to modify Wilms using the teachings from Li in order to include a superabsorbent pad in order to allow the cage to retain urine.
Wilms and Li do not disclose the superabsorbent polymer is an absorbent acrylic acid derivative. However, this limitation is taught by Fenten. Fenten teaches that an absorbent acrylic acid derivative is a known type of superabsorbent polymer (see paragraphs 8, 27, and 33 of the translation). It would be obvious to a person having ordinary skill in the art to modify Wilms and Li using the teachings from Fenten in order to use a desired type of superabsorbent polymer based on commercial availability and manufacturing preference. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious choice. In re Leshin, 125 USPQ 416.
Wilms does not disclose a plurality of removable pads configured for removal of an individual pad after use, wherein each removable pad of the plurality of removable pads is removably bound to another removable pad with an adhesive. However, this limitation is taught by Hurwitz. Hurwitz discloses an animal litter pan with urine absorption sheets, and paragraph 62 discloses “wherein the adhesive coatings a re-adherable surface designed for temporarily attaching the urine absorption sheets in a stacked relation to yield a replacement sheet stack so that each of the sheets are appointed to be removed from the replacement sheet stack and temporarily adhered to the litter pan until soiled and removed therefrom”. It would be obvious to a person having ordinary skill in the art to modify Wilms using the teachings from Hurwitz in order to allow for stacks of absorption sheets to be easily sold and stored together until they’re needed for use.
Regarding claim 5 (dependent on claim 1), Wilms discloses providing access to the space for the temporary storage of a domestic animal based on a receipt of payment (see paragraphs 35-36, 48, 62-63, 70-72, and claims 14-16).
Regarding claim 7 (dependent on claim 1), Wilms discloses the payment method including a profile utilizing at least one of radio-frequency identification (paragraphs 36 and 72 disclose the use of RFID tag devices to conveying identifying information, which would comprise a profile), near field communication, or a magnetic strip (see paragraphs 35 and 70).
Regarding claims 8 (dependent on claim 1) and 18 (dependent on claim 11), Wilms discloses the door, top, bottom, side, and back surfaces form a rectangular cuboid (see Figure 1 and paragraph 31), wherein the rectangular cuboid is configured to be fit adjacent to a similar rectangular cuboid (a cage as shown in Figure 1 can be configured to fit adjacent to a similar cage).
Regarding claim 11, Wilms discloses an animal cage (100), comprising:
At least one top surface (roof 22);
At least one bottom surface (floor 12);
At least one back surface (wall 16);
At least two side surfaces (walls 18 and 20); and
A door (door 39), wherein the door is hingedly attached (see Figure 1 and paragraph 18) to at least one of the top surface, at least one bottom surface, one of the at least two side surfaces (Figure 1 shows the door hingedly attached to one of the side surfaces), and wherein the door is configured to be opened based on identification based on a payment method (see paragraphs 35-36, 48, 62-63, 70-72, and claims 14-16), wherein the at least one top wall, at least one bottom wall, at least one back wall, at least two side walls, and door enclose a space (see Figure 1).
Wilms does not disclose the space including a removable pad, wherein the removable pad comprises an absorbent material. However, this limitation is taught by Li. Li discloses a pad containing a super absorbent polymer that absorbs liquids and turns the liquid into gel (see paragraph 10). It would be obvious to a person having ordinary skill in the art to modify Wilms using the teachings from Li in order to include a superabsorbent pad in order to allow the cage to retain urine.
Wilms and Li do not disclose the superabsorbent polymer is an absorbent acrylic acid derivative. However, this limitation is taught by Fenten. Fenten teaches that an absorbent acrylic acid derivative is a known type of superabsorbent polymer (see paragraphs 8, 27, and 33 of the translation). It would be obvious to a person having ordinary skill in the art to modify Wilms and Li using the teachings from Fenten in order to use a desired type of superabsorbent polymer based on commercial availability and manufacturing preference. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious choice. In re Leshin, 125 USPQ 416.
Wilms does not disclose a plurality of removable pads configured for removal of an individual pad after use, wherein each removable pad of the plurality of removable pads is removably bound to another removable pad with an adhesive. However, this limitation is taught by Hurwitz. Hurwitz discloses an animal litter pan with urine absorption sheets, and paragraph 62 discloses “wherein the adhesive coatings a re-adherable surface designed for temporarily attaching the urine absorption sheets in a stacked relation to yield a replacement sheet stack so that each of the sheets are appointed to be removed from the replacement sheet stack and temporarily adhered to the litter pan until soiled and removed therefrom”. It would be obvious to a person having ordinary skill in the art to modify Wilms using the teachings from Hurwitz in order to allow for stacks of absorption sheets to be easily sold and stored together until they’re needed for use.
Regarding claim 16 (dependent on claim 11), Wilms discloses the at least one top surface, at least one bottom surface, at least one back surface, and at least two side surfaces define a space therebetween (see Figure 1 and paragraph 31), wherein the payment method includes at least one of radio frequency identification (see paragraphs 36 and 72), near field communication, or a magnetic strip (see paragraphs 35 and 70).
Claims 2 and 15 are rejected under 35 USC 103 as being unpatentable over Wilms in view of Li, Fenten, and Hurwitz, in further view of US Patent Application Number 2014/0299068 by Kupka, and “Synthesis and Antimicrobial Activity of Copper Nanomaterials” by Longano, “Quaternary Ammonium Compounds in Cleaning Products: Health & Safety Information for Health Professionals” by Mount Sinai and US Patent Application Number 2004/0033270 by Kropf.
Regarding claim 2 (dependent on claim 1), Wilms discloses the door being hingedly attached to at least one of the top, bottom, side, and back surfaces (Figure 1 of Wilms shows the door being hingedly attached to one of the side walls).
Wilms does not disclose the space comprising an hygienic coating. However, this limitation is taught by Kupka. Kupka discloses a cage for a domestic animal, and paragraph 52 discusses the use of a hygienic coating for the space. It would have been obvious to a person having ordinary skill in the art to modify Wilms using the teachings from Kupka in order to ensure that the cage remains sanitary.
Wilms and Kupka do not disclose the hygienic coating comprising a paint that comprises a quaternary ammonium compound and copper oxide fibers. However, this limitation is taught by Longano. Longano discloses an antimicrobial coating or paint (see page 112, paragraph 3), and that it is known for such antimicrobial coating or paint to comprise a quaternary ammonium compound (see pages 94-95, section 3.2.2, and page 109, paragraph 2), and copper oxide fibers (see page 92, paragraph 2, pages 98-108, sections 3.3.1-3.3.1.3 that discuss superior results with copper oxide fibers against various bacterial microbes, and pages 112-113, section 3.4). It would be obvious to a person having ordinary skill in the art to modify Wilms and Kupka using the teachings from Longano in order to reduce microbial and fungal activity.
Longano does not explicitly disclose the copper oxide being fibers. However, Longano discusses the antibacterial qualities of copper oxide nanoparticles, as well as the antibacterial action of nanocopper-loaded fibers (see for example section 3.3.1.1). It would be obvious to a person having ordinary skill in the art to modify Longano to use copper oxide nanoparticles to load the fibers in order to use a known type of copper nanoparticle having antibacterial qualities.
Wilms as modified by Kupka and Longano does not disclose the quaternary ammonium compound being alkyl dimethyl benzyl ammonium chloride. However, this limitation is taught by Mount Sinai. The introduction of Mount Sinai teaches that alkyl dimethyl benzyl ammonium chloride is a well-known, widely available quaternary ammonium compound used for cleaning. It would be obvious to a person having ordinary skill in the art to modify Wilms, Li, Fenten, Waiters, Kupka, and Longano using the teachings from Mount Sinai to use a well-known and widely available type of cleaning product for hygiene.
Wilms, Kupka, Longano, and Mount Sinai do not disclose the hygienic coating further comprising zinc oxide fibers. However, this limitation is taught by Kropf. Kropf discloses the use of zinc oxide in hygiene products, and that it is known to use synthetic, natural, and inorganic fibers coated in zinc oxide (paragraph 8), and that zinc oxide has antibacterial and anti-inflammatory properties (paragraph 6). It would be obvious to a person having ordinary skill in the art to modify Wilms, Li, Fenten, Waiters, Kupka, Longano, and Mount Sinai using the teachings from Kropf in order to known a known type of material having antibacterial and anti-inflammatory properties for the hygienic coating.
Regarding claim 15, Wilms discloses the door being configured to be locked based on a payment from the payment method (see paragraphs 34-36, 48, 55-56, 62-63, 70-72, 74, and claims 14-16, teaching that the verification of identifying information includes successfully charging an account).
Wilms does not disclose the space comprising an hygienic coating. However, this limitation is taught by Kupka. Kupka discloses a cage for a domestic animal, and paragraph 52 discusses the use of a hygienic coating for the space. It would have been obvious to a person having ordinary skill in the art to modify Wilms using the teachings from Kupka in order to ensure that the cage remains sanitary.
Wilms and Kupka do not disclose the hygienic coating comprising a paint that comprises a quaternary ammonium compound and copper oxide fibers. However, this limitation is taught by Longano. Longano discloses an antimicrobial coating or paint (see page 112, paragraph 3), and that it is known for such antimicrobial coating or paint to comprise a quaternary ammonium compound (see pages 94-95, section 3.2.2, and page 109, paragraph 2), and copper oxide fibers (see page 92, paragraph 2, pages 98-108, sections 3.3.1-3.3.1.3 that discuss superior results with copper oxide fibers against various bacterial microbes, and pages 112-113, section 3.4). It would be obvious to a person having ordinary skill in the art to modify Wilms and Kupka using the teachings from Longano in order to reduce microbial and fungal activity.
Wilms as modified by Li, Fenten, Waiters, Kupka, and Longano does not disclose the quaternary ammonium compound being alkyl dimethyl benzyl ammonium chloride. However, this limitation is taught by Mount Sinai. The introduction of Mount Sinai teaches that alkyl dimethyl benzyl ammonium chloride is a well-known, widely available quaternary ammonium compound used for cleaning. It would be obvious to a person having ordinary skill in the art to modify Wilms, Li, Fenten, Waiters, Kupka, and Longano using the teachings from Mount Sinai to use a well-known and widely available type of cleaning product for hygiene.
Wilms, Li, Fenten, Waiters, Kupka, Longano, and Mount Sinai do not disclose the hygienic coating further comprising zinc oxide fibers. However, this limitation is taught by Kropf. Kropf discloses the use of zinc oxide in hygiene products, and that it is known to use synthetic, natural, and inorganic fibers coated in zinc oxide (paragraph 8), and that zinc oxide has antibacterial and anti-inflammatory properties (paragraph 6). It would be obvious to a person having ordinary skill in the art to modify Wilms, Li, Fenten, Waiters, Kupka, Longano, and Mount Sinai using the teachings from Kropf in order to known a known type of material having antibacterial and anti-inflammatory properties for the hygienic coating.
Claims 10 and 20 are rejected under 35 USC 103 as being unpatentable over Wilms in view of Li, Fenten, and Hurwitz, in further view of US Patent Application Number 2018/0064060 by Romney.
Regarding claim 10 (dependent on claim 1), Wilms does not disclose the space comprising at least one temperature sensor, wherein the at least one temperature sensor is operatively coupled to an air temperature control system, wherein the at least one temperature sensor is either attached to an inside of at least one of the top, bottom, side, and back surfaces or embedded within at least one of the top, bottom, side, and back surfaces. However, this limitation is taught by Romney. Romney discloses a method of temporary storage of a domestic animal (paragraphs 2, 55, 63), wherein the space comprises at least one temperature sensor (in 228, or separate sensor required by 226, see paragraphs 48 and 81), wherein the at least one temperature sensor is operatively coupled to an air temperature control system (226) (see Figures 3 and 4, paragraphs 50, 59, and 81, and claims 5 and 6), and Figure 2 shows sensing module 228 being attached to an inside of the back surface. It would be obvious to a person having ordinary skill in the art to modify Wilms, Li, Fenten, Waiters, Kupka, Longano using the teachings from Romney in order to monitor climate conditions within the temporary storage space to ensure optimal comfort of the animals.
Regarding claim 20 (dependent on claim 11), Wilms discloses the at least one top surface, at least one bottom surface, at least one back surface, and at least two side surfaces, and door enclose a space (see Figure 1 and paragraph 31).
Wilms does not disclose the space comprising at least one temperature sensor, wherein the at least one temperature sensor is operatively coupled to an air temperature control system, wherein the at least one temperature sensor is either attached to an inside of at least one of the top, bottom, side, and back surfaces or embedded within at least one of the top, bottom, side, and back surfaces. However, this limitation is taught by Romney. Romney discloses a method of temporary storage of a domestic animal (paragraphs 2, 55, 63), wherein the space comprises at least one temperature sensor (in 228, or separate sensor required by 226, see paragraphs 48 and 81), wherein the at least one temperature sensor is operatively coupled to an air temperature control system (226) (see Figures 3 and 4, paragraphs 50, 59, and 81, and claims 5 and 6), and Figure 2 shows sensing module 228 being attached to an inside of the back surface. It would be obvious to a person having ordinary skill in the art to modify Wilms, Li, Fenten, Waiters, Kupka, Longano using the teachings from Romney in order to monitor climate conditions within the temporary storage space to ensure optimal comfort of the animals.
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
Regarding the argument that there is no disclosure or suggestion in Fenten that its material can be used in a pad, Fenten discloses that all of the components in the litter material have a grain size of less than 200 µm and that the finished absorbent are in the range of <0.5 to about 6mm, and that they make a special absorption material for use in litter. Such grain sizes can be integrated into pads, especially when combined with the teachings from Li, which uses pads that contain super absorbent polymers, and paragraph 21 of Li further discloses that layer 3 (out of 5) including super absorbent polymer plus absorbent wood chips. Wood chips are larger than the disclosed size ranges in Fenten, therefore the granules of Fenten would fit within the pad of Li.
Regarding the argument that Fenten uses polymers and copolymers that can be used on acrylic acid derivatives for making animal straw and is therefore different than the absorbent material enclosed within a multilayer pad of Li, first, Fenten states that “Examples of such water soluble or water swellable polymers…on a synthetic basis the polymers or copolymers based on (meth) acrylic acid or (meth) acrylic acid derivatives”. Acrylic acid is therefore explicitly disclosed as only one example of possible polymers. Furthermore, it is unclear from the translation where the applicant is finding the basis for Fenten only making animal straw, but Fenten describes the components being granules “The finished absorbent is intended as granules lie”, and that the final grain size range is from <0.5 to about 6mm. As discussed above, such granules can fit into the multilayer pad of Li.
Regarding claim 7, Wilms discloses multiple methods to accept and verify identifying information for a user, which would comprise a profile.
Conclusion
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642