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 Argument
The affidavit under 37 CFR 1.132 filed 12/10/2025 is sufficient to overcome the rejection of claims 1-14 based upon 35 U.S.C. 102(a)(2) as being anticipated by Tactical Locker CWM Operating Manual ("Sharkcage").
Claim Rejections - 35 USC § 102
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.
(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 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20140049014 A1 ("Schumacher").
Claim 1: Schumacher teaches A transportation cage (2) comprising: a first corner post (8); a second corner post (9); a third corner post (8 for other side); a fourth corner post (9 for other side) (Figs. 1 and 5); a first door rotatably attached to the first corner post, the first door configured to open outwardly from the transportation cage (para. 29, lines 4-8); a second door rotatably attached to the fourth corner post, the second door configured to open outwardly from the transportation cage (para. 29, lines 4-8); a first set of holes (10, at the top most layer) located at each of the first, second, third and fourth corner posts, the first set of holes are all at or near a first vertical height on each of the first, second, third and fourth corner posts (Fig. 5; para. 30, lines 1-8); a second set of holes (10, at the second top most layer) located at each of the first, second, third and fourth corner posts, the second set of holes are all at or near a second vertical height on each of the first, second, third and fourth corner posts, the second vertical height is different than the first vertical height (Fig. 5; para. 30, lines 1-8); a third set of holes (10, at the third top most layer) located at each of the first, second, third and fourth corner posts, the third set of holes are all at or near a third vertical height on each of the first, second, third and fourth corner posts, the third vertical height is different than the first and second vertical heights (Fig. 5; para. 30, lines 1-8); a fourth set of holes (10, at the fourth top most layer) located at each of the first, second, third and fourth corner posts, the fourth set of holes are all at or near a fourth vertical height on each of the first, second, third and fourth corner posts, the fourth vertical height is different than the first, second, and third vertical heights (Fig. 5; para. 30, lines 1-8); a first shelf support (7 on left) configured to slide into the holes of a selected vertical height on the first and second corner posts when the first door is in an open configuration, the first shelf support having an opening (Figs. 5 and 7; para. 31, lines 1-5); a second shelf support (7 on right) configured to slide into the holes of the selected vertical height of on the third and fourth corner posts when the second door is in an open configuration, the second shelf support having an opening (Figs. 5 and 7; para. 31, lines 1-5); a shelf (6) configured to slide into the openings of the first shelf support and second shelf support when the first door and second door are opened, the shelf locked within the first and second shelf supports when the first and second doors are closed, the shelf configured to remain in place when the first and second doors are closed when the transportation cage is in various orientations including an upside down orientation (Figs. 5 and 7; para. 31, lines 1-5, para. 33, lines 10-19 and para. 35, lines 1-3).
Allowable Subject Matter
Claims 2 – 5 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 6 – 14 are allowed.
The following is an examiner’s statement of reasons for allowance: None of the references, either alone or in combination, disclose all of the limitations of the claims. Specifically, with regard to dependent claim 2, none of the references disclose wherein the first set of holes on the first corner post, is orthogonal to the second set of holes on the first corner post; the first set of holes on the second corner post, is orthogonal to the second set of holes on the second corner post; the first set of holes on the third corner post, is orthogonal to the second set of holes on the third corner post; and the first set of holes on the fourth corner post, is orthogonal to the second set of holes on the fourth corner post.
With regard to independent claim 6 none of the references disclose one or more top bars located at the top and perimeter of the transportation cage; each of the top bars having horizontal through slot, the through slot configured to allow passage from the interior of the cage to the exterior of the cage via the horizontal through slot; a rod with two right angle handles slideably and rotatably located inside each of the cross-top bars, with each of the right angle handles extending out from their respective cross-top bar, one of the right angle handles configured to slide into a slot of an adjacent transportation cage's top bar horizontal through slot or a slot located on a non-cage structure adjacent to the transportation cage.
With regard to independent claim 11 none of the references disclose a lock lever in communication with the fourth wheel brake mechanism, when the lock lever is pushed in, the lock lever prevents disengagement of the fourth wheel brake mechanism, when the lock lever is pulled out, the brake can be disengaged, the lock lever further configured such that when the lock is pushed in, the lock lever can only be pulled out if the second door is opened, if the second door is closed, and the lock lever is pushed in, the lock lever can not be pulled out.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AL-BIRR RAHMAN CHOWDHURY whose telephone number is (571)272-4661. The examiner can normally be reached 9:30am - 6:00pm.
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/A.R.C./Examiner, Art Unit 3614
/JASON D SHANSKE/Supervisory Patent Examiner, Art Unit 3614