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 .
Response to Amendments
The Amendment filed 09/16/2025 has been entered. Claims 1,3,7-20,22-23 remain pending in the application.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1,3,7-11,15-18,22,23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Conger et al. herein Conger (US 20120085291 A1).
Regarding claim 1:
Conger teaches:
A monitoring system for automatically monitoring conditions of animals in an animal cage comprising: (abstract and figs)
a data collection rack (502 of 500, para0165, Figs 22A-D, Fig 24)
supporting at least one animal cage, (supports individual cages 20, figs 1-3, 22-23 A-D, 58+59)
the data collection rack includes a suspended runner system; (552,554,556,557,568,figs 22B-22D, Figs 57-58, para0165, 0195, and runner system in para0021)
the at least one animal cage comprising a cage top, (top of 132, Fig 4B+22B)
the cage top including one or more walls extending from a ceiling, (see handle walls extending from ceiling 132, Figs 8)
the ceiling is substantially flat (see how ceiling 132 is flat)
and a cage base, the cage base including one or more walls extending from a floor, (see fig 2 of cage base 130 having walls extending from floor, para0148)
the cage base includes a top edge which extends from the cage base, the top edge being received on a first runner of the suspended runner system positioned on either side of the cage base; (para0221)
a removable data collection platform associated with the at least one animal cage, (132 and 400, Fig 1, para0148 associated with cage 20)
the removable data collection platform includes a mount, (see flange of 132 which is received in 552)
the mount includes edge runners on either side of the mount, (see mount/edges of 132 that are received in 552, para0191)
the edge runners being removably received on a second runner of the suspended runner system positioned on either side of the removable data collection platform to removably attach said removable data collection platform to said data collection rack, (edges of 132 mounted on 552, para0221, 0194, 0023, Fig 22B-23A-C)
said removable data collection platform receiving data associated with the at least one animal cage and/or data associated with an animal inhabiting the at least one animal cage; (para0315)
and at least one data collection processor, (580, 564+564’, Figs 22A-D, para0148, 0171,0183)
said at least one data collection processor receiving the data from the collection platform (para00191+0183)
Wherein the removable data collection platform and the at least one animal cage are independently removable from the data collection rack. (removable data collection rack is independently removable from the data collection rack via the second runner and the animal cage is independently removable from the rack via the first runner i.e. each runner system can be actuated independently from one another)
Regarding claim 3:
Conger further teaches:
Wherein the suspended runner system is configured to automatically lock the cage base and the cage top together when the cage top and cage base are inserted into the rack. (552, Fig 221-D, showing cage base 130 and lid 132 inserted into the guide rail system 552 of rack 500 in which the base and lid are locked via cage mount front module plug 566, Fig 58+59)
Regarding claim 7:
Conger further teaches:
wherein a rear of the data collection rack (506, fig 25)
include a socket attachment for removably receiving a cable, the cable being coupled to a rear of the removable data collection platform. (para0230)
Regarding claim 8:
Conger further teaches:
wherein the at least one data collection processor is a portable collection processor. (para0336, 0183)
Regarding claim 9:
Conger further teaches:
wherein the at least one data collection processor is a mountable data collection processor, the mountable data collection processor being removably mounted to the data collection rack. (para0183)
Regarding claim 10:
Conger further teaches:
wherein the mountable data collection processor is removably mounted to a side of the data collection rack. (para0183, Fig 28 controller mounted to 582)
Regarding claim 11:
Conger further teach:
wherein the mountable data processor includes at least one hanger mounted on a rear surface of the mountable data processor, the at least one hanger can be removably attached to the data collection rack. (Conger disclose that the processor 580 is removably mounted to the data collection rack via side mount 528 therefore necessarily requiring a hanger to receive the mount, para0183)
Regarding claim 15:
Conger further teaches:
wherein the data is transmitted wirelessly from the data collection platform to the at least one data collection processor, (para0158)
the data includes data directed to a temperature of an animal or data directed to movement of an animal inhabiting the animal cage. (para0315)
Regarding claim 16:
Conger teaches:
A method for automatically monitoring conditions of animals in an animal cage comprising: (abstract and figs)
Providing a data collection rack (502 of 500, para0165, Figs 22A-D, Fig 24)
supporting at least one animal cage; (supports individual cages 20, figs 1-3, 22A-D, 58-59)
the at least one animal cage comprising a cage top, (top of 132, Fig 4B+22B)
the cage top including one or more walls extending from a ceiling, (see handle walls extending from ceiling 132, Figs 58)
the ceiling is substantially flat (see how ceiling 132 is flat)
and a cage base, the cage base including one or more walls extending from a floor, (see fig 2 of cage base 130 having walls extending from floor, para0148)
the cage base includes a top edge which extends from the cage base, (see top edge of cage base 130)
the data collection rack includes a suspended runner system and (552,554,556,557,568,figs 22B-22D, Figs 57-58, para0165, 0195, and runner system in para0021)
a removable data collection platform associated with the at least one animal cage, (132, Fig 1, para0148 associated with cage 20)
the removable data collection platform includes a mount, (see flange of 132 which is received in 552)
the mount includes edge runners on either side of the mount, (see mount/edges of 132 that are received in 552, para0191)
removably receiving the top edge of the at least one animal cage on a first runner of the suspended runner system positioned on either side of the least one animal cage; (para0221)
removably receiving the edge runners on a second runner of the suspended runner system positioned on either side of the removable data collection platform to removably attach said removable data collection platform to said data collection rack, (edges of 132 mounted on 552, para0221, 0194, 0023, Fig 22B-23A-C)
the removable data collection platform and the at least one animal cage being independently removable from the data collection rack; (removable data collection rack is independently removable from the data collection rack via the second runner and the animal cage is independently removable from the rack via the first runner i.e. each runner system can be actuated independently from one another)
transmitting data from the at least one animal cage; (para0148, para0156)
receiving data at said removable data collection platform, the data being associated with the at least one animal cage and/or the data being associated with an animal inhabiting the at least one animal cage; (para0148, 0156, 0171)
and forwarding the data to at least one data collection processor, (580, 564+564’, Figs 22A-D, para0148, 0171,0183)
Regarding claim 17:
Conger further teaches:
wherein the cage base and the cage top together when the cage top and cage base are inserted into the rack. (552, Fig 221-D, showing cage base 130 and lid 132 inserted into the guide rail system 552 of rack 500 in which the base and lid are locked via cage mount front module plug 566, Fig 58+59)
Regarding claim 18:
Conger further teaches:
wherein the at least one data collection processor is a mountable data collection processor, the mountable data collection processor being removably mounted to the data collection rack. (para0183)
Regarding claim 22:
Conger further teaches:
wherein the cage base of the at least one animal cage is received on the mount of the removable data collection platform. (cage base of the animal cage 20 is connected to the mount (flange/edges of 132) of the data collection platform 132 thereby also received on the mount)
Regarding claim 23:
Conger further teaches:
wherein the cage base of the at least one animal cage is received on the mount of the removable data collection platform. (cage base of the animal cage 20 is connected to the mount (flange/edges of 132) of the data collection platform 132 thereby also received on the mount)
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 12,13, 14, 19,20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Conger, as applied to claims 1,3,7-11,15-18,22,23 above, and in view of Bernardini et al. herein Bernardini (US 20150359189 A1) .
Regarding claim 12:
Conger doesn’t disclose:
and the at least one hanger includes a flange, the flange being removably received over the first runner or second runner of the suspended runner system.
Bernardini discloses:
and the at least one hanger includes a flange, (Fig 6A, see top of 61)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the processor of Conger such that it comprises a hanger with a flange as taught by Bernardini to provide snap fit coupling/release means (para0095) to attach the processor to the rack.
Regarding claim 13:
Conger as modified discloses claim 12 and Conger further teaches:
including a pair of the at least one hanger. (Fig 28, processor 580 is removably mounted to the data collection rack via two side mounts 528 therefore necessarily requiring two hangers to receive the mount)
Regarding claim 14:
Conger as modified discloses claim 12 and Bernardini further discloses:
further comprising a bottom mount attached to a rear of the mountable data processor, (Fig 6a, lower 61 attached to 33)
the bottom mount includes a bottom mount flange, (Fig 6A, see bottom flange of 61)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the processor of Conger such that it comprises a bottom mount with a flange as taught by Bernardini to provide snap fit coupling/release means (para0095) to attach the processor to the rack.
Regarding claim 19:
Conger discloses claim 18 but doesn’t disclose:
The mountable data processor includes at least one hanger on a rear surface of the mountable data processor, the at least one hanger includes a flange.
Bernardini discloses:
The mountable data processor includes at least one hanger on a rear surface of the mountable data processor, (Fig 6A, see top of 61)
The at least one hanger includes a flange. (see top of 61 removably received over top of 31)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the processor of Conger such that it comprises a hanger with a flange as taught by Bernardini to provide snap fit coupling/release means (para0095) to attach the processor to the first runner of the rack.
Regarding claim 20:
Conger as modified discloses claim 19. Conger doesn’t disclose but Bernardini further discloses:
Wherein the mountable data processor includes a bottom mount, (Fig 6a, lower 61 attached to 33)
the bottom mount includes a bottom mount flange, (Fig 6A, see bottom flange of 61)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the processor of Conger such that it comprises a bottom mount with a flange as taught by Bernardini to provide snap fit coupling/release means (para0095) to attach the processor to the rack.
Response to Arguments
Applicant's arguments filed 09/16/2025 have been fully considered but they are not persuasive.
Applicant argues:
“Conger does not teach or suggest a removable data collection platform…” or “a monitoring system having a top edge of a cage base being received on a first runner of a suspended runner system position on either side of the cage base…” (see pg 7-8)
This is not found persuasive because Conger discloses the use of at least two runner systems to support the cage 20 and removably connect it to the rack 520. The first runner system in 552,554,556,557,568,figs 22B-22D, Figs 57-58 that connects the data collection platform 132 to the data collection rack 520, and the second runner system in para0221 that connects the cage base 130 to the rack 500. The removable data collection rack is independently removable from the data collection rack via the second runner and the animal cage is independently removable from the rack via the first runner i.e. each runner system can be actuated independently from one another. See rejections above.
In regards to applicant’s remarks regarding claims 12,14,19-20, Conger alone discloses the limitations of claim 1 and 16. See rejections above.
Conclusion
THIS ACTION IS MADE FINAL. 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 SHADA M ALGHAILANI whose telephone number is (571)272-8058. The examiner can normally be reached M-F (7:30am - 4:30pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached on 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHADA ALGHAILANI/ Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643