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 1-3 and 5-21 are pending and have been examined in this application.
Claims 1-3, 5-9, and 13-21 are allowable. Claims 10-12, previously withdrawn from consideration as a result of a restriction requirement, require all the limitations of an allowable claim. Pursuant to the procedures set forth in MPEP § 821.04(a), the restriction requirement among inventions the species, as set forth in the Office action mailed on 06/27/2024, is hereby withdrawn and claims 10-12 are hereby rejoined and fully examined for patentability under 37 CFR 1.104. In view of the withdrawal of the restriction requirement, applicant(s) are advised that if any claim presented in a divisional application is anticipated by, or includes all the limitations of, a claim that is allowable in the present application, such claim may be subject to provisional statutory and/or nonstatutory double patenting rejections over the claims of the instant application. Once the restriction requirement is withdrawn, the provisions of 35 U.S.C. 121 are no longer applicable. See In re Ziegler, 443 F.2d 1211, 1215, 170 USPQ 129, 131-32 (CCPA 1971). See also MPEP § 804.01.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/09/2026 has been entered.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 recites the phrase "the roof" in line 2. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests changing the claim to recite:
--The variable collapsible pen especially for dogs according to Claim 1, wherein on the stems, the canopy is fixed from above and overhangs the pen.--
Claim 11 recites the phrase "the roof" in line 2 and “the group” in line 3. There is insufficient antecedent basis for these limitations in the claim. The Examiner suggests changing the claim to recite:
--The variable collapsible pen especially for dogs according to Claim 10, wherein the canopy is additionally supported by pillars provided with holders for accessories selected from a group of wastebaskets, bags, disposable absorbent floor mats, disposable gloves, disposable cleaning disinfectant wipes, treats, toys, disposable bowls, and water barrels.--
Claim 12 recites the phrase "the space" in line 2 and “the overhanging roof” in line 2. Claim 12 also recited the phrase “and/or” in line 3. There is insufficient antecedent basis for these limitations in the claim and the phrase “and/or” makes the claim vague and indefinite. The Examiner suggests changing the claim to recite:
--The variable collapsible pen especially for dogs according to Claim 10, wherein a space under the overhanging canopy beside the pen is provided with a bench or a table.--
Claims 11-12 are rejected based on their respective dependencies.
Appropriate correction is required. Accordingly, the invention has been examined as best understood.
Allowable Subject Matter
Claims 1-3, 5-9, and 13-21 are allowable.
Claims 10-12 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant’s arguments, filed 03/09/2026, with respect to the claims have been fully considered and are found to be persuasive.
Additional 35 USC § 112 rejections have been made to address outstanding issues in the rejoined claims 10-12.
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 enclosures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached on (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KEVIN M DENNIS/Examiner, Art Unit 3647
/Richard Green/Primary Examiner, Art Unit 3647