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 1-5, 7-10, 12-14, 16, 18-28 are pending and have been examined in this application. Claims 6, 11, 15, 17 are cancelled, claims 25-28 are new, claims 1 and 13 are amended, claims 2-5, 7-10, 12, 14, 16, 18-24 are original.
This communication is the first action on the merits.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 05/02/2025 and reviewed by the Examiner.
Claim Objections
Claim 16 is objected to because of the following informalities:
Claim 16 recites “the bottom portion,; advancing at least” the ,; appears to be a typo.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 3 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites “the opening in the housing” which appears to be referring to an entirely different opening than the previously recited opening in amended claim 1. The opening in amended claim 1 is claimed as an opening in the front cover. Therefore it is unclear of the opening of claim 3 is describing a different opening or the same opening as the one recited in claim 1.
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) 1-3, 5, 7, 12, 14, 18-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 11330794 B2) to Martinez in view of (US 20170328596 A1) to Darby.
In regards to claim 1, Martinez teaches an animal habitat for positioning in a window opening, comprising: a housing (Martinez; 10), the housing comprising: a bottom portion; a first side portion coupled with the bottom portion; a second side portion coupled with the bottom portion; an upper portion coupled with the first side portion and the second side portion (Martinez; side panels 35, floor 34, roof 33); a back portion coupled with the bottom portion, the first side portion, and the second side portion (Martinez; rear panel 28); a space within the housing (Martinez; housing 10 has an interior space), the space bounded at least by the bottom portion, the first side portion, the second side portion, and the upper portion (Martinez; interior of 10 is bounded by 35, 34, 33, 28); and a front cover configured to be coupled with the housing and to cover the opening in the housing when the front cover is coupled with the housing (Martinez; front cover comprised of 16, 17, 50), the front cover comprising: an opening in communication with the front cover and the space within the housing (Martinez; opening covered by flap door 18, or opening created by 17 and the frame, which 16 covers), the opening sized and configured to permit an animal to pass therethrough and into the space within the housing when the front cover is operably coupled with the housing (Martinez; see abstract where an animal or pet is provided access to the device); and a door configured to move between an open position and a closed position relative to the opening (Martinez; flap door 18 configured to move between an opened and closed position, or either of doors 16, 17); a ledge extending outward away from the front cover below the opening in the front cover, the ledge being sized and configured to permit an animal to be supported by the ledge outside of the space within the housing (Martinez; landing 26 which extends outward and away from the front cover comprised of 16, 17, see FIG 2; is deep enough to provide ample space for a cat).
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Martinez fails to teach a clamp configured to engage with a portion of a window frame surrounding the window opening or to a window configured to slide relative to the window frame.
Darby teaches a clamp configured to engage with a portion of a window frame surrounding the window opening or to a window configured to slide relative to the window frame (Darby; clamp 100 engaging with the window sash 109 and configured to slide in a left-right direction relative to the window frame of the window).
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Martinez and Darby are analogous art from similar fields of endeavor i.e. apparatuses mounted to open windows.
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 Martinez such that it utilizes a secure clamping mechanism to mount the device to the window such as taught by Darby. The motivation for doing so would be to allow a user to removably and safely mount the device without damaging the window or window frame.
In regards to claim 2, Martinez as modified by Darby teach the habitat of Claim 1, wherein the clamp includes a knob positioned on a front portion of the housing, the knob being configured to rotate in a first direction to operatively close the clamp to secure the habitat in the window opening, the knob being configured to rotate in a second direction to operatively open the clamp (Darby; knobs 114, 115 which are positioned at a front side (side facing into the house) and configured to rotate in a first direction to secure the device to the window opening, and a second direction to open the clamp, see FIGs 3 and 4).
In regards to claim 3, Martinez as modified by Darby teach the habitat of Claim 1, wherein the opening in the housing extends entirely across a front of the housing and the front cover is configured to extend across the entire opening in the housing when the front cover is coupled with the housing (Martinez; opening formed by top, sides, and bottom panels covered by 16, 17 extends across the entire front of the housing 10, and the front cover comprised of 16, 17 extends across the entire opening when coupled, see FIG 2).
In regards to claim 5, Martinez as modified by Darby teach the habitat of Claim 1, wherein the door is biased to the closed position using one or more magnets (Martinez; Col 5 lines 26-31 the door 16 is biased to the closed position using a magnet).
In regards to claim 7, Martinez as modified by Darby teach the habitat of Claim 1, but fails to explicitly teach wherein the housing is monolithically formed such that the bottom portion, the first side portion, the second side portion, the upper portion, and the back portion are a formed as a single component.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the bottom, sides, upper, and back portion integrally formed such that they are a single monolithic component since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893). In the instant case, the motivation for doing so would be to reduce the number of parts which could become detached or loosened from each other, thus ensuring better safety for a pet.
In regards to claim 12, Martinez as modified by Darby teach the habitat of Claim 1, wherein the upper portion is sloped to operably bias water to drain from the upper portion (Martinez; claim 1 ‘a sloped roof’ which would bias water to drain from the upper portion).
In regards to claim 14, Martinez as modified by Darby teach the habitat of Claim 1, further comprising a litter box configured to be positioned within the space within the housing (Martinez; see abstract; space for a litter box; also element 38 in FIG 2).
In regards to claim 18, Martinez as modified by Darby teach the habitat of Claim 2, wherein: the clamp (Darby; 100) includes a body portion (Darby; comprised of 105, 104, 102, 101) and a threaded rod (Darby; rod of 114, 115); the body portion is threadably engaged with the threaded rod (Darby; at 116, 112, 113); the clamp is configured such that rotating the knob of the clamp in a first direction translates the body portion along the threaded rod towards an upper front portion of the habitat to close the clamp (Darby; rotating the knob of 114, 115 in one direction would translate the clamp portions 101, 102, 103 in the direction of the upper front portion of the device or habitat of Martinez with respect to the knobs to close the clamp against 109); and rotating the knob of the clamp in a second direction translates the body portion along the threaded rod away from the upper front portion of the habitat to open the clamp (Darby; rotating the knob of 114, 115 in an opposite direction would translate the clamp portions 101, 102, 103 in a direction away from the upper front portion of the habitat with respect to the knobs in order to open the clamp so it doesn’t clamp against 108, 109).
In regards to claim 19, Martinez teaches a method for positioning an animal habitat in a window, comprising: positioning a housing into an opening within a window frame (Martinez; see FIG 9 steps 120, 130 where the device is placed into an opening of a window frame), the housing comprising a bottom portion, a first side portion coupled with the bottom portion, a second side portion coupled with the bottom portion, an upper portion coupled with the first side portion and the second side portion (Martinez; side panels 35, floor 34, roof 33), and a back portion coupled with the bottom portion (Martinez; rear panel 28),; advancing at least the back portion of the housing through the opening in the window frame (Martinez; see FIGs 9 and 5, the back portion is through the opening in the window frame); positioning the bottom portion of the housing on a bottom portion of the window frame (Martinez; see FIGs 5 and 6 where the bottom portion of the housing is on the bottom frame of the window); sliding a first sealing panel coupled to the housing toward a first side portion of the window frame; sliding a second sealing panel coupled to the housing toward a second side portion of the window frame (Martinez; see FIG 9 and step 150 where the expandable extension panels 14 are extended on either side of the housing to meet the side of the window frame).
Martinez fails to teach the step of clamping the housing to a lower portion of a window of the window frame.
Darby teaches a step of clamping the housing to a lower portion of a window of the window frame (Darby; clamp 100 engaging with the window sash 109 and configured to slide in a left-right direction relative to the window frame of the window, see FIG 4).
Martinez and Darby are analogous art from similar fields of endeavor i.e. apparatuses mounted to open windows.
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 Martinez such that it utilizes a secure clamping mechanism to mount the device to the window such as taught by Darby. The motivation for doing so would be to allow a user to removably and safely mount the device without damaging the window or window frame.
In regards to claim 20, Martinez as modified by Darby teach the method of Claim 19, but fail to explicitly teach wherein the clamp includes two clamps spaced apart along the upper portion of the housing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the clamp and include two clamps spaced apart along the upper portion of the housing, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. In the instant case, the motivation for doing so would be to provide greater securement in order to prevent the device from falling from the window.
In regards to claim 21, Martinez as modified by Darby teach the method of Claim 19, wherein the clamp translates along a rail to secure the housing to the window (Darby; along rail 108).
In regards to claim 22, Martinez as modified by Darby teach the method of Claim 19, wherein the clamp is translated in a first direction by rotating a knob along a first path to clamp the housing to the window, the clamp is translated in a second direction by rotating a knob along a second path to release the housing from the window (Darby; knobs 114, 115 which are positioned at a front side (side facing into the house) and configured to rotate in a first direction to secure the device to the window opening, and a second direction to open the clamp, see FIGs 3 and 4).
In regards to claim 23, Martinez as modified by Darby teach the method of Claim 19, further comprising sliding a vertical sliding portion of the window downward to a position adjacent to the upper portion of the housing before clamping the housing to a lower portion of the window (Martinez as modified by Darby; see where Darby demonstrates the window being closed down on the upper part of the device in FIG 1 to engage with the clamping mechanism to the lower sash of the window 109).
In regards to claim 24, Martinez as modified by Darby teach the method of Claim 19, wherein clamping the housing to the lower portion of the window of the window frame comprises rotating a threaded rod that passes through a front portion of the housing into a clamp body to tighten the clamp body against the lower portion of the window (Martinez as modified by Darby; the housing being comprised of 106, 108 and the threaded rods of 114, 115 pass through the front portion into the clamp body comprised of 105, 104, 102, 101 to tighten the clamp against the sash of the window 109).
In regards to claim 25, Martinez teaches an animal habitat for positioning in a window opening, comprising: a housing (Martinez; 10), the housing comprising: a bottom portion; a first side portion coupled with the bottom portion; a second side portion coupled with the bottom portion; an upper portion coupled with the first side portion and the second side portion (Martinez; side panels 35, floor 34, roof 33); a back portion coupled with the bottom portion, the first side portion, and the second side portion (Martinez; rear panel 28); and a space within the housing (Martinez; housing 10 has an interior space), the space bounded at least by the bottom portion, the first side portion, the second side portion, and the upper portion (Martinez; interior of 10 is bounded by 35, 34, 33, 28); an opening sized and configured to permit an animal to pass therethrough and into the space within the housing (Martinez; opening covered by flap door 18, or opening created by 17 and the frame, which 16 covers).
Martinez fails to teach a clamp configured to engage with a portion of a window frame, the clamp comprising: a knob positioned on a front portion of the housing; a threaded rod coupled with the knob; and a body portion threadably engaged with the threaded rod; wherein: the clamp is configured such that rotating the knob of the clamp in a first direction translates the body portion along the threaded rod towards an upper front portion of the housing to close the clamp; and rotating the knob of the clamp in a second direction translates the body portion along the threaded rod away from the upper front portion of the housing to open the clamp.
Darby teaches a clamp configured to engage with a portion of a window frame (Darby; clamp 100 engaging with the window sash 109 and configured to slide in a left-right direction relative to the window frame of the window), the clamp comprising: a knob positioned on a front portion of the housing (Darby; knobs 114, 115 which are positioned at a front side (side facing into the house)); a threaded rod coupled with the knob (Darby; rod of 114, 115); and a body portion threadably engaged with the threaded rod (Darby; comprised of 105, 104, 102, 101 threadbly connected at 116, 112, 113); wherein: the clamp is configured such that rotating the knob of the clamp in a first direction translates the body portion along the threaded rod towards an upper front portion of the housing to close the clamp (Darby; rotating the knob of 114, 115 in one direction would translate the clamp portions 101, 102, 103 in the direction of the upper front portion of the device or habitat of Martinez with respect to the knobs to close the clamp against 109); and rotating the knob of the clamp in a second direction translates the body portion along the threaded rod away from the upper front portion of the housing to open the clamp (Darby; rotating the knob of 114, 115 in an opposite direction would translate the clamp portions 101, 102, 103 in a direction away from the upper front portion of the habitat with respect to the knobs in order to open the clamp so it doesn’t clamp against 108, 109).
Martinez and Darby are analogous art from similar fields of endeavor i.e. apparatuses mounted to open windows.
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 Martinez such that it utilizes a secure clamping mechanism to mount the device to the window such as taught by Darby. The motivation for doing so would be to allow a user to removably and safely mount the device without damaging the window or window frame.
In regards to claim 26, Martinez as modified by Darby teach the animal habitat of Claim 25, wherein one or more rails are positioned on the upper portion of the housing, wherein the body portion translates along the one or more rails when the knob is rotated in the first direction or the second direction (Darby; along rail 108 at an upper side of 106).
In regards to claim 27, Martinez as modified by Darby teach the animal habitat of Claim 25, wherein the body portion is c-shaped (Darby; C shape at 105, 104, 103, or 103, 102, 101).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 11330794 B2) to Martinez as modified by (US 20170328596 A1) to Darby as applied to claim 1 above, in further view of (US 20070163512 A1) to DiAngelo.
In regards to claim 4, Martinez as modified by Darby teach the habitat of Claim 1, but fail to teach wherein the front cover comprises a grasping element located in a top portion of the front cover, the grasping element being configured to permit a user to engage the grasping element with one or both hands and lift at least the front cover with one or both hands.
DiAngelo teaches a front cover (DiAngelo; 74) wherein the front cover comprises a grasping element located in a top portion of the front cover (DiAngelo; latch 80 creating a grasping element), the grasping element being configured to permit a user to engage the grasping element with one or both hands and lift at least the front cover with one or both hands (DiAngelo; see FIGs 28-29 where the front cover can be grasped and lifted from the frame).
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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 Martinez as modified by Darby such that the front cover is a door which can open along a pivot at the base, allowing a user to lift and remove the front cover by grasping an element as taught by DiAngelo. The motivation for doing so would be to reduce the number of moving parts and allow a user to fully open the housing with one hand.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 11330794 B2) to Martinez as modified by (US 20170328596 A1) to Darby as applied to claim 1 above, in further view of (US 20060201437 A1) to Ryan.
In regards to claim 8, Martinez as modified by Darby teach the habitat of Claim 1, but fail to explicitly teach wherein the bottom portion of the housing is textured with carpet, domes, grass, artificial turf, or raised bumps.
Ryan teaches wherein the bottom portion of the housing (Ryan; 36, 38) is textured with carpet, domes, grass, artificial turf, or raised bumps (Ryan; [0059] where the mat 38 can be a carpet).
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It would have been obvious tot one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Martinez as modified by Darby such that the bottom portion of the housing is textured with carpet, such as taught by Ryan. The motivation for doing so would be to allow for the comfort of an animal when resting in a portion of the area.
Claim(s) 9, 10, 13, 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 11330794 B2) to Martinez as modified by (US 20170328596 A1) to Darby as applied to claim 1 above, in further view of (US 5890455 A) to Donchey.
In regards to claim 9, Martinez as modified by Darby teach the habitat of Claim 1, wherein the housing comprises openings or slots (Martinez; slots of the vents 32).
Martinez fails to teach wherein the back portion of the housing comprises openings or slots.
Donchey teaches wherein the back portion of the housing (Donchey; back portion 40) comprises openings or slots (Donchey; openings as in the screens of 61 placed in each of 40).
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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 have the openings or slots of Martinez to be on the back portion of the housing in addition to the sides as taught by Donchey. The motivation for doing so would be to allow greater ventilation of the interior space.
In regards to claim 10, Martinez as modified by Darby teach the habitat of Claim 1, wherein the housing comprises a plurality of slots (Martinez; slots of the vents 32) the plurality of slots having a mesh covering (Martinez; the vents being screened to ensure insects do not enter the housing, a screen being a type of mesh; Col 2 lines 38-42).
Martinez fails to explicitly teach wherein the back portion of the housing comprises a plurality of slots.
Donchey teaches wherein the back portion of the housing (Donchey; back portion 40) comprises openings or slots (Donchey; openings as in the screens of 61 placed in each of 40).
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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 have the openings or slots of Martinez to be on the back portion of the housing in addition to the sides as taught by Donchey. The motivation for doing so would be to allow greater ventilation of the interior space.
In regards to claim 13, Martinez as modified by Darby teach the habitat of Claim 1, further comprising a first sealing panel and a second sealing panel configured to extend laterally away from the first side portion and the second side portion of the housing in a first direction and a second direction, respectively, to fit in an open space of a vertical window, wherein the second direction is opposite to the first direction (Martinez; see each of 14 which slide in opposite directions to each other to fit in an open space of a vertical window), wherein the first sealing panel and the second sealing panel each comprise a plastic frame (Martinez; device is made entirely of plastic; Col 2 lines 34-36).
Martinez fails to explicitly teach wherein the first sealing panel and the second sealing panel each comprise a flexible bellows component.
Donchey teaches wherein the first sealing panel and the second sealing panel each comprise a flexible bellows component (Donchey; each of 88 having retracting accordion panels; Col 7 lines 36-43).
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 expanding panels of Martinez such that it explicitly has a flexible bellows component such as taught by Donchey. The motivation for doing so would be to allow the panels to collapse and expand in such a way to make it easier to mount them within a window of various sizes.
In regards to claim 28, Martinez as modified by Darby teach the animal habitat of Claim 25, wherein the housing comprises openings or slots (Martinez; slots of the vents 32).
Martinez fails to teach wherein the back portion of the housing comprises openings or slots.
Donchey teaches wherein the back portion of the housing (Donchey; back portion 40) comprises openings or slots (Donchey; openings as in the screens of 61 placed in each of 40).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the openings or slots of Martinez to be on the back portion of the housing in addition to the sides as taught by Donchey. The motivation for doing so would be to allow greater ventilation of the interior space.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 11330794 B2) to Martinez as modified by (US 20170328596 A1) to Darby as applied to claim 1 above, in further view of (US 6062167 A) to Soley.
In regards to claim 16, Martinez as modified by Darby teach the habitat of Claim 1, but fail to teach wherein releasing one or more tabs permits the one or more tabs to be released from one or more receptacles of the housing, wherein releasing the one or more tabs permits the front cover to be rotated away from the housing via a horizontal hinge to permit additional access to a space inside the housing.
Soley teaches wherein releasing one or more tabs permits the one or more tabs to be released from one or more receptacles of the housing (Soley; tab at 58 which engages with a receptacle 56 in the frame), wherein releasing the one or more tabs permits the front cover to be rotated away from the housing via a horizontal hinge to permit additional access to a space inside the housing (Soley; where disengaging the tab at 58 from 56 allows for the front cover to be pivoted about a horizontal hinge to access the interior).
Martinez, Darby, and Soley are analogous art from similar fields of endeavor i.e. apparatuses mounted to open windows.
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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 Martinez as modified by Darby such that the front cover is a door which can open along a pivot at the base when a tab is disengaged from a receptacle, allowing a user to open the front cover as taught by Soley. The motivation for doing so would be to reduce the number of moving parts and allow a user to fully open the housing with one hand while securing the front cover in place.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US D1001382 S to Cantwell teaches a breeder box assembly with an upper handle and expandable side panels.
US 11559036 B2 to Golub teaches a window-mounted apparatus with fall prevention, with a panel that has a lower horizontal hinge.
US 10849311 B1 to Mulvey teaches a playhouse for cats attached to a window frame with collapsable panels to secure the device to the window frame.
US 20150322701 A1 to Smith teaches a clamping mechanism to secure an apparatus to a window.
US 9145731 B1 to McCoy teaches a window mounted apparatus with collapsible panels.
US 8584998 B1 to Peterson teaches a mounting mechanism for a window apparatus with a clamp.
US 7023399 B2 to Zaretsky teaches a window mounted apparatus with collapsible panels and a knob latch with a lower horizontal hinge for a door.
US 6944990 B2 to Noyes teaches an automated pet door mounted to a window.
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