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 .
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 (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 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) 1-8, 10-14 and 21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by PCT WO 2021064125 to Tuthill et al.
Regarding Claim 21, Tuthill teaches a modular animal crate assembly (Tuthill Fig. 28
#500) comprising: a comer joint (Tuthill Fig. 26 #10, 110, 210, 310) defined by an intersection of
a set of three panels forming a first edge, a second edge, and a third edge extending from the corner joint (Tuthill Fig.28 perimeter edge frame of each panel #505 and/or #503 that meet at a point/corner where the corner connector is positioned #507, claim language does define nor require the panels to be at a right angle with each other) , wherein the three panels are non-coplanar and at least partially define an enclosure for receiving an animal; and a corner connector configured to secure the corner joint, the corner connector comprising a first connector member (Tuthill Fig. 7 #112) and a second connector member (Tuthill Fig. 7 #114), wherein the first connector member is rotatable relative to the second connector and the three panels forming the corner joint while the corner connector is secured at the corner joint, wherein the first connector member overlaps each of the three panels, and wherein the second connector member overlaps each of the three panels and such that the corner joint is between the first connector member and the second connector member (Tuthill Figs. 13 and 14).
Tuthill teaches at least one of the first connector member and the second connector member includes a post extending from a central inner surface and extending towards another of the first connector member and the second connector member (Tuthill Fig. 8 #170), the other of the first connector member and the second connector member includes an aperture configured to receive the post (Tuthill Fig. 7 central aperture created by members #127a-c; pg. 5 lines 22-24), and at least one of the first connector member and the second connector member including three arms extending away from a central area and configured to align with a respective one of the first side edge, second side edge, and the third side edge formed by the corner joint (Tuthill Fig. 13 #127a-c are three arms that align with the three edges of the corner joint, the claim does not require the three arms to overlap, the claim is not explicit as to which member these features are required to be part of since applicant merely claims “at least one of” and does not specify which one).
Regarding Claim 8, Tuthill teaches a modular animal crate assembly comprising: a
plurality of side panels comprising: a front side panel comprising (Tuthill Fig. 28 #500, #503, and #505 front, rear, right, left, top, and bottom; page 8 lines 8-18 teaches animal enclosure and base; "bottom" does not necessarily have to be a base it could merely be a panel below a higher panel on the same side which is satisfied by Tuthill by both the lower panels in Fig. 18 and/or by the base mentioned on page 8); a rear side panel a right side panel; a left side panel; a top side panel; and a bottom side panel, wherein at least one of plurality of side panels comprises a door and a door opening mechanism (Tuthill Fig. 28 front center lowest panel #503), and wherein three side panels of the plurality of side panels define a corner joint at an intersection of the three side panels (Tuthill Figs. 7, 13, 14 applicant does not require the corner to make a right angle); each of the three side panels including a frame at least partially surrounding a mesh network and connected to the mesh network by a fastener (Tuthill abstract teaches “wire mesh panels”; applicant doesn’t structurally define the features of the fastener, the wire mesh members of Tuthill are inherently “fastened” to the hexagon perimeter or pentagon perimeter from of #503 and #505 e.g. weld fastener; the panel doesn’t naturally come in the configuration of Fig. 29, the vertical and horizontal wire members within the perimeter are fastened to the perimeter as the wire member rest on top of other members as depicted in the figure);
a comer connector configured to secure the corner joint, wherein the corner connector comprises: a first connector member (Tuthill Fig. 7 #114); and a second connector member (Tuthill Fig. 7 #112) rotatably coupled to the first connector member and such that the second connector member is rotatable relative to the first connector member and the corner joint; wherein the second connector member is rotatable about an axis extending through the corner joint, and at least one of the first connector member and the second connector member includes a post (Tuthill Fig. 8 #170) extending along the axis towards an other of the first connector member and the second connector member; wherein the first connector member overlaps a respective frame of each of the three side panels forming the corner joint from a first side of the corner joint (Tuthill Fig. 13 and 14 #114).
Regarding Claim 10, Tuthill teaches the front side panel and the rear side panel are
interchangeable (Tuthill Fig. 27 and 28 show identical shapes in front and rear sides and are
thus capable of being interchanged and satisfy the function of the claim).
Regarding Claim 11, Tuthill teaches the right side panel, the left side panel, the top side
panel, and the bottom side panel are interchangeable (Tuthill Fig. 27 and 28 show identical
shapes in right and left sides and are thus capable of being interchanged and satisfy the
function of the claim).
Regarding Claim 12, Tuthill teaches first portion of the second connector member (Tuthill
Fig. 20 #312 is first portion of second connector and #324 is the first connector) is arranged on
an interior surface of the modular animal crate assembly, a second portion of the second
connector member (Tuthill Fig. 20 #352 is second portion of second connector) is arranged on
an exterior surface of the modular animal crate assembly, and the first portion of the second
connector member at least partially overlaps an interior surface of portion of each of the side
panels forming the corner joint in the first position.
Regarding Claim 13, Tuthill teaches the second portion of the second connector member
extends at least partially through the first connector member (Tuthill #352 extends through #324
to #312).
Regarding Claim 14, Tuthill teaches at least one of the first connector member or the
second connector member comprises at least three extension portions (Tuthill Fig. 12 #127a,
127b, 127c) that extend at least partially along an edge of each of the side panels that form the
comer joint.
Regarding Claim 1, Tuthill teaches a modular animal crate assembly (Tuthill Fig. 28 and
page 8 lines 8-18) comprising: a plurality of side panels (Tuthill Fig. 28 #505, #503) comprising: a first side panel comprising a door (Tuthill Fig. 29 #503); a second side panel, a third side panel, a fourth side panel, a fifth side panel, and a sixth side panel, wherein the first side panel, the second side panel, the third side panel, the fourth side panel, the fifth side panel, and the sixth side panel are coupled together to form the modular animal crate assembly, wherein three side panels of the plurality of side panels define a corner joint (Tuthill Fig. 14) at an intersection of the three side panels; and a corner connector configured to secure the corner joint, the corner
connector comprising a first connector member (Tuthill Fig.7 #114) and a second connector
member (Tuthill Fig. 7 #112) rotatably coupled to the first connector member, wherein the
second connector member is rotatable from a first position to a second position relative to the
first connector member and the three side panels forming the corner joint while the corner
connector is secured at the corner joint (Tuthill Fig. 13 and 13 #114 and #112),
the second connector member including a post (Tuthill Fig. 8 #170) extending from a central inner surface and extending towards the first connector member, the second connector member also including three arms (Tuthill Fig. 7 #127a-c; applicant claims extending “away” but does not specify which direction away) extending away from the central inner surface and configured to align with a respective one of three side edges formed by the corner joint (Tuthill Fig. 13 #127a-c are three arms that align with the three edges of the corner joint, the claim does not require the three arms to overlap) and the first connector member includes an aperture configured to receive the post extending from the central inner surface of the second connector member (Tuthill Fig. 7 central aperture created by members #127a-c; pg. 5 lines 22-24); wherein, in the first position, the first connector member overlaps portions of each of the three side panels forming the corner joint from a first side of the corner joint (Tuthill Fig.13), and the second connector member overlaps the same portions of each of the three side panels forming the corner joint and from a second side of the corner joint (Tuthill Fig. 14 #112 exterior and #114 interior side), wherein the modular animal crate assembly comprises a first assembled state, a second assembled state wherein the first assembled state, the first side panel is positioned on a first side of the modular animal crate assembly; and in the second assembled state, the first side panel is positioned on a second side of the modular animal crate assembly (Tuthill teaches identical panel shapes on the side panels and are thus capable of being interchanged and satisfy the claimed functionality; Tuthill teaches modular construction and satisfies the structural and operational limitations of the claim).
Regarding Claim 2, Tuthill teaches each of the first side panel, the second side panel,
the third side panel, the fourth side panel, the fifth side panel, and the sixth side panel
comprises a frame and a mesh network (Tuthill Fig. 28).
Regarding Claim 3, Tuthill teaches a third assembled state, wherein the door comprises
a door opening mechanism positioned at a first edge of the first side of the modular animal crate
assembly in the first assembled state, and wherein the first side panel is positioned on the first
side of the modular animal crate assembly and the door opening mechanism is positioned at a
second edge of the first side of the modular animal crate assembly in the third assembled state
(Tuthill Fig. 28, lowest center panel #503 has door and latch; Tuthill teaches modular
construction and panel #503 is capable of being moved to a different side of the crate; Tuthill
satisfies the broad structural limitations of the claim and is capable of the claimed function;
Tuthill page 8 incorporates by reference GB 2563317 to Tuthill door #71).
Regarding Claim 4, Tuthill teaches the first side panel is interchangeable with at least
one of the second side panel, the third side panel, the fourth side panel, the fifth side panel, or
the sixth side panel (Tuthill Fig. 27 and 28 show modular construction of identical shapes in
front, side, and rear sides and are thus capable of being interchanged and satisfy the function of
the claim).
Regarding Claim 5, Tuthill teaches first portion of the second connector member (Tuthill
Fig. 20 #312 is first portion of second connector and #324 is the first connector) is arranged on
an interior surface of the modular animal crate assembly, a second portion of the second
connector member (Tuthill Fig. 20 #352 is second portion of second connector) is arranged on
an exterior surface of the modular animal crate assembly, and the first portion of the second
connector member at least partially overlaps an interior surface of portion of each of the side
panels forming the corner joint in the first position.
Regarding Claim 6, Tuthill teaches the second portion of the second connector member
extends at least partially through the first connector member (Tuthill #352 extends through #324
to #312).
Regarding Claim 7, Tuthill teaches at least one of the first connector member or the
second connector member comprises at least three extension portions (Tuthill Fig. 12 #127a,
127b, 127c) that extend at least partially along an edge of each of the three panels that form the
corner joint.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 8-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by U.S. Patent No. 12,324,411 to Vaccari.
Regarding Claim 8, Vaccarie teaches modular animal crate assembly comprising: a plurality of side panels comprising: a front side panel; a rear side panel; a right side panel; a left side panel; a top side panel; and a bottom side panel, wherein at least one of plurality of side panels comprises a door and a door opening mechanism (Vaccari Fig. 16 wall members; #40 door, door mechanism is sliding it up by hand, Fig. 17), and wherein three side panels of the plurality of side panels define a corner joint at an intersection of the three side panels (Vaccari Fig.1 #29 and Fig. 12 #29), each of the three side panels including a frame at least partially surrounding a mesh network and connected to the mesh network by a fastener (Vaccari Fig. 14 metallic mesh #21; frame #22; Fig. 2a fastener groove #33 and locking teeth #35; top horizontal member of each panel and/or the perimeter members of each panel can be interpreted as the “Frame” and this is a metallic mesh and applicant doesn’t claim the structural features of the fastener nor identifies if the fastener is chemical or mechanical and the connection between the metallic mesh and the perimeter members of each panel satisfies a fastener, they are touching and secured to each other and therefore are fastened);
a corner connector (Vaccari #29) configured to secure the corner joint, wherein the corner connector comprises: a first connector member (Vaccari #29); and a second connector member (Vaccari Fig. 9 and 10 #32) rotatably coupled to the first connector member and such that the second connector member is rotatable relative to the first connector member and the corner joint, wherein the second connector member is rotatable about an axis extending through the corner joint, and at least one of first connector member and the second connector member includes a post (Vaccari #32 post as part of the second connector) extending along the axis towards an other of the first connector member and the second connector member, and wherein the first connector member overlaps a respective frame of each of the three side panels forming the corner joint from a first side of the corner joint (Vaccari Fig. 14 #29 first connector overlaps perimeter members of three pabels).
Regarding Claim 9, Vaccari teaches wherein each of the front side panel, the rear side panel, the right side panel, the left side panel, the top side panel, and the bottom side panel comprises a frame and a mesh network, and the three side panels are at right angles with respect to each other (Vaccarie Fig. 14 all corners of the cage are right angles).
Regarding Claim 10, Vaccari teaches the front side panel and the rear side panel are interchangeable (Vaccari Fig. 14 all panels are interchangeable).
Regarding Claim 11, Vaccari teaches the right side panel, the left side panel, the top side panel, and the bottom side panel are interchangeable (Vaccari teaches the panels are able to interchange Fig. 16 and 15, top and bottom is relative to the orientation of the cage and thus Vaccari satisfies the broad nature of the claim).
Regarding Claim 12, Vaccari teaches a first portion of the second connector member is arranged on an interior surface of the modular animal crate assembly, a second portion of the second connector member is arranged on an exterior surface of the modular animal crate assembly, and the first portion of the second connector member at least partially overlaps an interior surface portion of each of the side panels forming the corner joint in the first position (Vaccari Fig. 10 shows a triangular portion of #29 inside all three panels and a portion the wraps around and outside portion of the panels Fig. 14 #29).
Regarding Claim 13, Vaccari teaches second portion of the second connector member extends at least partially through the first connector member (Vaccari #32 extends through aperture in #29; Figs. 9 and 10).
Regarding Claim 14, Vaccari teaches at least one of the first connector member or the second connector member comprises at least three extension portions that extend at least partially along an edge of each of the side panels that form the corner joint (Vaccari Fig. 14#29 the left and right vertical portion of #29 and the horizontal portion of #29).
Response to Arguments
Applicant's arguments filed 18 February 2026 have been fully considered but they are not persuasive.
Applicant argues that Tuthill fails to disclose at least the feature of a second connector member including a post extending from a central inner surface and extending towards the first connector member, the second connector member also including three arms extending away from the central inner surface and configured to align with a respective one of three side edges formed by the corner joint, and the first connector member includes an aperture configured to receive the post extending from the central inner surface of the second connector member, as recited in Applicant's claim 1. However, it is the examiner’s interpretation of the claim language that Tuthill continues to satisfy the amended limitations of the claims. Tuthill teaches a post (Tuthill Fig. 8 #170) and Tuthill teaches the claimed aperture (Tuthill Fig. 7 central internal area created by surrounding members #127a-c; pg. 5 lines 22-24). In addition, Tuthill teaches extending away (Fig. 7 #127a-c; applicant claims extending “away” but does not specify which direction away) from the central inner surface and configured to align with a respective one of three side edges formed by the corner joint (Tuthill Fig. 13 #127a-c are three arms that align with the three edges of the corner joint, the claim does not require the three arms to overlap).
Applicant argues that Tuthill also fails to disclose at least the feature of "each of the three side panels including a frame at least partially surrounding a mesh network and connected to the mesh network by a fastener," as recited in claim 8. By contrast, the Tuthill panels 509 consist solely of mesh wires, and the clamp 110 is configured to connect directly to the mesh wires. There is no frame or fastener connecting the frame to a mesh network disclosed in Tuthill.
With further regard to claim 8, Tuthill also fails to disclose the feature of "the second connector member is rotatable about an axis extending through the corner joint, and at least one of first connector member and the second connector member includes a post extending along the axis towards an other of the first connector member and the second connector member, and wherein the first connector member overlaps a respective frame of each of the three side panels forming the corner joint from a first side of the corner joint." There is no post in the clamp disclosed in Tuthill. However, it is the examiner’s interpretation that Tuthill satisfies the broad nature of the claim amendment since Tuthill abstract teaches “wire mesh panels”; applicant doesn’t structurally define the features of the fastener, the wire mesh members of Tuthill are inherently “fastened” to the hexagon perimeter or pentagon perimeter from of #503 and #505 e.g. weld fastener; the panel doesn’t naturally come in the configuration of Fig. 29, the vertical and horizontal wire members within the perimeter are fastened to the perimeter as the wire member rest on top of other hexagon/pentagon frames as depicted in the figure 29.
During the interview of 09 January 2026 it was discussed clarifying the structural details of the corner connector with respect to applicant’s Figs. 6A-6B. Applicant amended the claims to incorporate the post and receiving aperture feature of the corner connector, but failed to include additional pertinent structural features of the connector such as: the first connector member including a securing portion and three radial projections arms, a ledge portion spaced from the securing portion creating a lip, wherein when assembled the ledge abuts an outside surface of three side panels at an intersection and the radial arms of the securing portion are received in the intersection. The claims don’t identify that the aperture that receives the post is in the ledge. Also, independent claims 8 and 21 are not explicit as to which member has the post and which has the aperture. The claims amendments are not sufficient to structurally distinguish over the prior art of record.
Applicant’s arguments with respect to claim(s) 8-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
The examiner maintains that applicant hasn’t patentably distinguished over the prior art of record.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of record is a teaching of a similar modular animal create corner connector panel assembly, but the art do not have an earlier filing date and are not by the same inventors: U.S. Patent No. 12,599,108; China Patent CN 219919954 and China Patent CN 116602225
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANDREA M VALENTI whose telephone number is (571)272-6895. The examiner can normally be reached Available Monday and Tuesday only, eastern time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 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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/ANDREA M VALENTI/Primary Examiner, Art Unit 3643
06 July 2026
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