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 Arguments
Applicant’s arguments with respect to claim(s) 1-7 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.
Claim Rejections - 35 USC § 103
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) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Pub. 12,324,417 B2) in view of Ross (US Pub. 2022/0015328 A1).
Regarding claim 1, Chen discloses a pet crate safety system, comprising:
a plurality of walls forming a housing of a pet crate (Fig. 7, container A), the plurality of walls arranged to form a first volume (Fig. 7, interior of container A), the housing comprising a first housing (Fig. 7, upper casing A1) and a second housing (Fig. 7, lower casing A2), wherein the first housing is configured to be removably connect to the second housing (Fig. 7, the two components have a buckle latch fastening them together);
and a ventilated pet safety carrier configured to be removably mounted to the first mount and the second mount, the ventilated pet safety carrier arranged in the volume, the ventilated pet safety carrier further configured to form a second volume when attached to the first mount and the second mount such that a pet can be contained in the second volume and not in a remaining portion of the pet crate (Fig. 7, pet carrying bag 30 is removable from the crate).
However, Chen fails to disclose as taught by Ross, similarly drawn to a pet carrier system, a first mount arranged on a first inner surface the first housing; and a second mount arranged on a second inner surface of the second housing (Pg. 4, [0051], lines 1-13: “FIG. 7 shows the hands-free pet carrier system 100 without the top cover 120 and with a reusable waterproof liner 710 detached from the pet carrier. The reusable waterproof liner 710 is provided to collect bodily waste from the animal during extended periods of confinement and to prevent leakage of bodily fluids or other liquids from the bottom of the pet carrier. A raised edge 717 of the liner prevents spills. The waterproof liner 710 is preferably made of stain-resistant, machine washable waterproof material. For convenience and to facilitate cleaning, the liner 710 is removably attachable to the pet carrier 100 by means of fasteners 715 on the liner 710 and mating fasteners 720 on the pet carrier”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pet crate safety system of Chen to include the mounting means of Ross to secure the ventilated pet safety carrier in place and prevent undue movement.
Regarding claim 2, Chen as modified by Ross discloses the claimed invention in addition to as taught by Chen, wherein the ventilated pet safety carrier comprises:
an opening (Fig. 7, first open end 11);
and a material configured to be in a collapsed state or an expanded state, wherein the ventilated pet safety carrier forms the second volume while in the expanded state (Fig. 7, pet carrying bag 30 and inner layer 20 are flexible and can be collapsed).
Furthermore, Ross discloses the ventilated pet safety carrier comprises: perforated material (Pg. 3, [0043], lines 1-3: “FIG. 2 shows the ventilation port cover 150 in a retracted state, exposing underneath a ventilation window 210, a mesh-like screen through which air may pass”).
Regarding claim 3, Chen as modified by Ross discloses the claimed invention in addition to as taught by Chen, wherein the ventilated pet safety carrier further comprises a fastening feature configured to expand or contract the opening (Fig. 7, first closing member 111).
Regarding claim 4, Chen as modified by Ross discloses the claimed invention in addition to as taught by Chen, wherein the fastening feature is a drawstring, hook-and-loop fastener, clip, button, or zipper (Fig. 7, first closing member 111 is a drawstring).
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US Pub. 12,324,417 B2) in view of Ross (US Pub. 2022/0015328 A1), and further in view of Levine (US Pub. 11,344,396 B2).
Regarding claim 5, Chen as modified by Ross discloses the claimed invention except for as taught by Levine, wherein the opening is a first opening (Fig. 2, adjustable collar 34), wherein the fastening feature is a first fastening feature (Fig. 2, hook and loop fastener 38), wherein the ventilated pet safety carrier further comprises a second opening (Fig. 4, opening defined by zipper 36) and a third opening (Fig. 2, doors 56, 58), wherein the first opening and the second opening being configured for ingress and egress to and from the ventilated pet safety carrier by a pet (Fig. 2, these openings are configured to allow an animal to enter the wrap), wherein the third opening comprising a second fastening feature, and wherein the third opening is configured to expose a portion of the pet (Fig. 2, doors 56, 58 are held in place with hook-and-loop fasteners).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pet crate safety system of Savage to include the additional openings as taught by Levine to allow for improved ingress/egress as well as administration of inoculations while the pet is restrained.
Regarding claim 6, Chen as modified by Ross discloses the claimed invention except for as taught by Levine, similarly drawn to an animal handling device, wherein the ventilated pet safety carrier comprises a safety restraint configured to wrap around the ventilated pet safety carrier (Fig. 2, outer wrap 40).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pet crate safety system of Savage to include the safety restraint of Levine to more snugly restrain the animal.
Regarding claim 7, Chen as modified by Ross and Levine discloses the claimed invention in addition to as taught by Levine, wherein the safety restraint is a strap or a band (See id. The outer wrap can be considered a band).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642