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 1-9 are pending and have been examined in this application.
This communication is the first action on the merits.
Information Disclosure Statement
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
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.
(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) 1, 3-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US 2781023 A) to Brembeck.
In regards to claim 1, Brembeck anticipates an egg laying box, comprising a box body (Brembeck; see FIG 1), wherein at least one egg laying cavity (a) is disposed on the box body (Brembeck; egg laying cavity inside of the box body, see FIG 1), the box body comprises: a center wall panel (1) (Brembeck; either of side walls 42 and 14), a top cover (2) (Brembeck; each of 30), and an egg laying tray (3) (Brembeck; tray being nest 92), one egg laying cavity (a) is disposed between two adjacent center wall panels (1) (Brembeck; see FIG 1 and 2 where the egg laying cavity is between the adjacent center wall panels separating each unit), the top cover (2) is disposed at a top of each egg laying cavity (a) (Brembeck; see FIGs 1 and 2 with cover 30 on top of the egg laying cavities), the egg laying tray (3) is disposed in each egg laying cavity (a) and located on a side away from the top cover (2) (Brembeck; see where 92 is inside the egg laying cavity opposite the cover 3), the egg laying tray (3) is detachably assembled with the center wall panel (1) (Brembeck; via the bolt 84 and the channel 100 on the tray 92), and the egg laying box further comprises: a first disassembling component (4) that is detachably assembled on the center wall panel (1) and used to fasten or separate the top cover (2) to or from a top of the center wall panel (1) (Brembeck; bolts 84 and nuts 886 connected to the walls 14, 42 to flanges 44 on covers 30, see FIG 2 to fasten or separate the top cover 30 to the side walls 14, 42).
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In regards to claim 3, Brembeck anticipates the egg laying box according to claim 1, wherein a positioning plate portion (22) (Brembeck; flange 44 being the positioning plate) is disposed on a side wall of the bottom of the top cover (2) (Brembeck; 44 on a sidewall of the bottom of 30), and the positioning plate portion (22) is located at the top of the center wall panel (1) (Brembeck; see FIGs 1-3 where flange 44 is at a top of the center wall panels 42, 14).
In regards to claim 4, Brembeck anticipates the egg laying box according to claim 1, wherein a positioning bump (11) is disposed on a side, away from the top cover (2), of the center wall panel (1) (Brembeck; the lower of 84 in the egg laying cavity serving as a positioning bump which is on a side opposite the top cover of the center wall panel as it passes through the center wall panel 42, 14), and a positioning hole (h) (Brembeck; positioning hole being the hole created by channel 100 on the rear end of the tray 92) in which the positioning bump (11) is inserted is disposed at an edge of an opening of the egg laying tray (Brembeck; 84 being inserted into 100 and 100 being at an edge of an opening of the egg laying tray 92, see FIGs 5-6,- and FIG 8) (3).
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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) 2, 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 2781023 A) to Brembeck in view of (US 20100282179 A1) to Ho.
In regards to claim 2, Brembeck teaches the egg laying box according to claim 1, wherein a fixing plate portion (21) is disposed on a side, close to the center wall panel (1), at a bottom of the top cover (2) (Brembeck; the fixing plate portion being flanges 44 which are plates for fixing to the center wall panels 42, 14 at a bottom of the top covers 30, see FIG 2), a plurality of fixing holes (g) are oppositely disposed on the center wall panel (1) and the fixing plate portion (21) (Brembeck; see FIGs 2-3 and 4 where the bolts pass through aligned apertures such as 60, 62, 40, 52 passing through the flange on 30 and the sidewalls), the first disassembling component (4) comprises a first bolt (41) of which one end sequentially penetrates through the fixing holes (g) on the center wall panel (1) and the fixing plate portion (21) (Brembeck; bolts 84); and a first knob nut (42) (Brembeck; nuts 86) that is connected to a screw portion of the first bolt (41) in a threaded manner (Brembeck; see FIGs 1-3 where the bolts are connected to the nuts in a threaded manner),
Brembeck fails to explicitly teach the first bolt being a knob screw, wherein when the first knob screw (41) is connected to the first knob nut (42), the center wall panel (1) and the fixing plate portion (21) are located between a limiting head (411) of the first knob screw (41) and the first knob nut (42).
Ho specifically teaches the first bolt being a knob screw (Ho; screws 6, see FIG 1), wherein when the first knob screw (41) is connected to the first knob nut (42) (Ho; connected to nuts 61), the center wall panel (1) and the fixing plate portion (21) (Ho; the two panel portions 5 and 3, for example, with openings through 34, 35)) are located between a limiting head (411) of the first knob screw (41) and the first knob nut (42) (Ho; between the head of 6 and the nut 61, see FIG 1).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brembeck such that its bolts are specifically knob screws with a limiting head engaged with a nut as suggested by Ho. The motivation for doing so would be to provide a fastener which can secure the elements of the device between limiting portions of the fastener to make for a sturdier construction.
In regards to claim 5, Brembeck teaches the egg laying box according to claim 1, but fails to teach wherein a plurality of threaded holes (k) are disposed at an edge of an opening of the egg laying box, a plurality of first grooves (i) are disposed at intervals on both sides of the center wall panel (1), a through hole (j) that is connected to the threaded hole (k) is disposed on a lower wall of the first groove (i) on the center wall panel (1), and a screw (5) is fastened to the threaded hole (k) through the through hole ().
Ho teaches wherein a plurality of threaded holes (k) are disposed at an edge of an opening of the egg laying box (Ho; bores 52), a plurality of first grooves (i) (Ho; grooves being made by cavities 25) are disposed at intervals on both sides of the center wall panel (1) (Ho; on two sides of panel 2), a through hole (Ho; bores 24) (j) that is connected to the threaded hole (k) (Ho; connected via 6 when 5 is placed atop of 2) is disposed on a lower wall of the first groove (i) on the center wall panel (1) (Ho; the bores 24 are on a lower wall of the groove made by cavities 25 on the center wall panel 2), and a screw (5) is fastened to the threaded hole (k) through the through hole () (Ho; screw 6).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brembeck such that structures are fastened using the grooves, apertures, and threaded fasteners as taught by Ho. The motivation for doing so would be to additionally provide securement of the panels of the device in an up-down direction.
Claim(s) 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 2781023 A) to Brembeck in view of (US 2956539 A) to Boening.
In regards to claim 8, Brembeck teaches the egg laying box according to claim 1, but fails to teach wherein a part of the egg laying tray (3) is located inside the egg laying cavity (a) and the other part of the egg laying tray (3) extends outside the egg laying cavity (a), a bottom surface of the egg laying tray (3) is in an inclined shape, a placing groove (c) is opened on a top of the egg laying tray (3), and a stepping cover (31) is disposed on the top of the egg laying tray (3) and located outside the egg laying cavity (a).
Boening teaches wherein a part of the egg laying tray (3) (Boening; 21) is located inside the egg laying cavity (Boening; see FIG 2 inside nesting compartment A or B) (a) and the other part of the egg laying tray (3) extends outside the egg laying cavity (a) (Boening; see where the tray extends outside to an egg receiving compartment C, D in FIG 2), a bottom surface of the egg laying tray (3) is in an inclined shape (Boening; see FIG 2 where 21 is inclined such that eggs roll towards C, D), a placing groove (c) is opened on a top of the egg laying tray (3) (Boening; placing groove being the open portion of the tray 21 on which 39, 31 is placed), and a stepping cover (31) is disposed on the top of the egg laying tray (3) and located outside the egg laying cavity (a) (Boening; stepping cover being either 31, 39 on top of the egg laying tray 21 outside of the egg laying cavity; see FIG 2).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Brembeck such that it has a tray which extends outside of the egg laying cavity and has an inclined shape, with a stepping cover on the egg laying tray outside of the egg laying cavity as suggested by Boening. The motivation for doing so would be to provide an area where a user can individually access and collect the eggs.
In regards to claim 9, Brembeck as modified by Boening teach the egg laying box according to claim 8, wherein the stepping cover (31) is hinged with the egg laying box (Boening; see where both 39, 31 are hingedly connected to the egg laying box such that they can be lifted upwards or lifted outwards, see FIG 2), and a plurality of ventilation holes (d) are disposed at a bottom of the placing groove (c) and located below the stepping cover (31) (Boening; ventilation holes 51 at a bottom of the placing groove upon which 31, 39 are placed, and below the stepping cover, see where 41 are at a rear and lower in a vertical direction).
Allowable Subject Matter
Claims 6-7 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 3053226 A to Dunn teaches a bird house which utilizes screws in grooves to secure panels together.
US 1925456 A to Muehr teaches a hen’s nest with a slanted tray which extends outside of the laying zone, as well as a stepping cover. The roof additionally appears bolted to the center side walls of the nest.
US 1728700 A to Purdy teaches the roof of a hen’s nest secured to the sidewalls via a plate and screws and nuts clamping the two portions together. Additionally Purdy teaches an inclined tray.
US 1181504 A to Clough teaches a brooder with central sidewalls which are comprised of two panels fastened together via bolts.
US 1412566 A to Miller teaches a Hen’s nest with a roof connected to inner sidewalls via screws with limiting heads and bolts.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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 at (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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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647