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 1-20 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.
Drawings
Color photographs and color drawings are not accepted in utility applications unless a petition filed under 37 CFR 1.84(a)(2) is granted. Any such petition must be accompanied by the appropriate fee set forth in 37 CFR 1.17(h), one set of color drawings or color photographs, as appropriate, if submitted via the USPTO patent electronic filing system or three sets of color drawings or color photographs, as appropriate, if not submitted via the via USPTO patent electronic filing system, and, unless already present, an amendment to include the following language as the first paragraph of the brief description of the drawings section of the specification:
The patent or application file contains at least one drawing executed in color. Copies of this patent or patent application publication with color drawing(s) will be provided by the Office upon request and payment of the necessary fee.
Color photographs will be accepted if the conditions for accepting color drawings and black and white photographs have been satisfied. See 37 CFR 1.84(b)(2). At least FIG 3 appears to be a color photograph.
The drawings are objected to because FIG 3 appears to have what is an unedited draftsman’s note, which should be removed. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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) 1-2, 4-5, 8-9, 11-12, 15-16, 18-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US 6182612 B1) to Ross.
In regards to claim 1, Ross anticipates a pet housing apparatus, comprising: a panel (Ross; panel 17), the panel being constructed to at least partially cover a first opening at a back side or bottom side of a furniture item (Ross; 17 covers two openings created by 19, 18, 14, 12, and 21); wherein the panel is further constructed to at least partially define a second opening (Ross; second openings created when punchouts are removed 30, 31; with passage holes 32); wherein the second opening is smaller than the first opening (Ross; see where each of 32 are smaller than the openings formed by 19, 18, 14, 12, 21).
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In regards to claim 2, Ross anticipates the pet housing apparatus of claim 1, wherein: the panel is constructed to have a first panel dimension that is substantially the same as a compartment opening dimension of the furniture item (Ross; see 17 having a height and width substantially the same as the interior compartment opening made by 19, 18, 14, 12).
In regards to claim 4, Ross anticipates the pet housing apparatus of claim 1, wherein the second opening is constructed and arranged to accommodate a house cat (Ross; Col 4 line 66-Col 5 line 3).
In regards to claim 5, Ross anticipates the pet housing apparatus of claim 1, wherein the furniture item is a cabinet (Ross; 10 is a cat cabinet).
In regards to claim 8, Ross anticipates a pet housing apparatus, comprising: a panel (Ross; panel 17), the panel being constructed to at least partially cover a first opening at a back side or bottom side of a furniture item, the panel being further constructed to at least partially cover a second opening at the back side or bottom side of the furniture item (Ross; 17 covers two openings created by 19, 18, 14, 12, and 21); wherein the panel is further constructed to at least partially define a third opening; wherein the panel is further constructed to at least partially define a fourth opening (Ross; second and third openings created when punchouts are removed 30, 31; with passage holes 32); wherein the third opening is smaller than the first opening and the second opening; wherein the fourth opening is smaller than the first opening and the second opening (Ross; see where each of 32 are smaller than the openings formed by 19, 18, 14, 12, 21).
In regards to claim 9, Ross anticipates the pet housing apparatus of claim 8, wherein: the panel is constructed to have a first panel dimension that is substantially the same as a compartment opening dimension of the furniture item (Ross; see 17 having a height and width substantially the same as the interior compartment opening made by 19, 18, 14, 12).
In regards to claim 11, Ross anticipates the pet housing apparatus of claim 8, wherein the third opening is constructed and arranged to accommodate a house cat (Ross; Col 4 line 66-Col 5 line 3).
In regards to claim 12, Ross anticipates the pet housing apparatus of claim 8, wherein the furniture item is a cabinet (Ross; 10 is a cat cabinet).
In regards to claim 15, Ross anticipates a pet housing apparatus, comprising: a panel (Ross; panel 17), the panel being constructed to at least partially cover a first opening at a back side or bottom side of a furniture item, the panel being further constructed to at least partially cover a second opening at the back side or bottom side of the furniture item (Ross; 17 covers two openings created by 19, 18, 14, 12, and 21); the panel being further constructed to at least partially cover a third opening at the back side or bottom side of the furniture item (Ross’s panel 17 is constructed such that it would cover a third opening at the back side of the cabinet in a situation in which the interior of the cabinet is divided into 3 compartments; it is noted that the furniture item and its openings are not positively claimed, only the panel is positively claimed); wherein the panel is further constructed to at least partially define a fourth opening (Ross; fourth openings created when punchouts are removed 30, 31; with passage holes 32); wherein the fourth opening is smaller than the first opening, the second opening, and the third opening (Ross; see where each of 32 are smaller than the openings formed by 19, 18, 14, 12, 21).
In regards to claim 16, Ross anticipates the pet housing apparatus of claim 15, wherein: the panel is constructed to have a first panel dimension that is substantially the same as a compartment opening dimension of the furniture item (Ross; see 17 having a height and width substantially the same as the interior compartment opening made by 19, 18, 14, 12).
In regards to claim 18, Ross anticipates the pet housing apparatus of claim 15, wherein the fourth opening is constructed and arranged to accommodate a house cat (Ross; Col 4 line 66-Col 5 line 3).
In regards to claim 19, Ross anticipates he pet housing apparatus of claim 15, wherein the furniture item is a cabinet (Ross; 10 is a cat cabinet).
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) 3, 6, 10, 13, 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 6182612 B1) to Ross in view of (US 20240130521 A1) to Holcher.
In regards to claim 3, Ross teaches the pet housing apparatus of claim 1, but fails to explicitly teach wherein the panel includes a plurality of holes that are constructed and arranged to receive fasteners for fastening the panel to the back side or bottom side of the furniture item.
Holcher teaches wherein the panel includes a plurality of holes that are constructed and arranged to receive fasteners for fastening the panel to the back side or bottom side of the furniture item (Holcher; see FIG 1A with panels 10a-10e which have openings 14 and fastener 12 in the panels, or FIG 3B with holes 52a and fasteners 50 which connect panels together; and FIGs 6A-B where the rear panel is 10a).
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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 panel of Ross such that it has a plurality of holes to receive fasteners for fastening the panel to the back side or bottom side of a furniture item, such as taught by Holcher. The motivation for doing so would be to provide the panel in a configuration in which it can be flat packed for ease of storage and transport before being assembled with the fasteners.
In regards to claim 6, Ross teaches the pet housing apparatus of claim 1, but fails to explicitly teach wherein the panel comprises wood.
Holcher teaches wherein the panel comprises wood (Holcher; [0007] the bottom wall comprising wood wood plastic, MDF, Particleboard; the bottom wall being the wall ‘located opposite to the storage compartment access opening’ which is the wall 10a in FIGs 6A-B).
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 Ross such that the panel is explicitly made of wood such as taught by Holcher. The motivation for doing so would be to utilize a material which is sturdy, or to utilize materials which have wood which are inexpensive.
In regards to claim 10, Ross teaches the pet housing apparatus of claim 8, but fails to explicitly teach wherein the panel includes a plurality of holes that are constructed and arranged to receive fasteners for fastening the panel to the back side or bottom side of the furniture item.
Holcher teaches wherein the panel includes a plurality of holes that are constructed and arranged to receive fasteners for fastening the panel to the back side or bottom side of the furniture item (Holcher; see FIG 1A with panels 10a-10e which have openings 14 and fastener 12 in the panels, or FIG 3B with holes 52a and fasteners 50 which connect panels together; and FIGs 6A-B where the rear panel is 10a).
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 panel of Ross such that it has a plurality of holes to receive fasteners for fastening the panel to the back side or bottom side of a furniture item, such as taught by Holcher. The motivation for doing so would be to provide the panel in a configuration in which it can be flat packed for ease of storage and transport before being assembled with the fasteners.
In regards to claim 13, Ross teaches the pet housing apparatus of claim 8, but fails to explicitly teach wherein the panel comprises wood.
Holcher teaches wherein the panel comprises wood (Holcher; [0007] the bottom wall comprising wood wood plastic, MDF, Particleboard; the bottom wall being the wall ‘located opposite to the storage compartment access opening’ which is the wall 10a in FIGs 6A-B).
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 Ross such that the panel is explicitly made of wood such as taught by Holcher. The motivation for doing so would be to utilize a material which is sturdy, or to utilize materials which have wood which are inexpensive.
In regards to claim 17, Ross teaches the pet housing apparatus of claim 15, but fails to explicitly teach wherein the panel includes a plurality of holes that are constructed and arranged to receive fasteners for fastening the panel to the back side or bottom side of the furniture item.
Holcher teaches wherein the panel includes a plurality of holes that are constructed and arranged to receive fasteners for fastening the panel to the back side or bottom side of the furniture item (Holcher; see FIG 1A with panels 10a-10e which have openings 14 and fastener 12 in the panels, or FIG 3B with holes 52a and fasteners 50 which connect panels together; and FIGs 6A-B where the rear panel is 10a).
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 panel of Ross such that it has a plurality of holes to receive fasteners for fastening the panel to the back side or bottom side of a furniture item, such as taught by Holcher. The motivation for doing so would be to provide the panel in a configuration in which it can be flat packed for ease of storage and transport before being assembled with the fasteners.
Claim(s) 7, 14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 6182612 B1) to Ross in view of (US 20130160381 A1) to Sommer.
In regards to claim 7, Ross teaches the pet housing apparatus of claim 1, but fails to explicitly teach wherein the second opening has a first dimension that is approximately 5 inches or larger, and wherein the second opening has a second dimension that is approximately 5 inches or larger.
Sommer teaches wherein the second opening has a first dimension that is approximately 5 inches or larger, and wherein the second opening has a second dimension that is approximately 5 inches or larger (Sommer; [0062] where the opening 12 is 4-18 inches wide and tall to allow for ingress and egress by a pet, the range of Sommer encompassing a range of 5 inches or larger).
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 Ross such that the openings for the cats have two dimensions about 5 inches or larger, such as taught by Sommer. The motivation for doing so would be to accommodate for the size of the average house cat.
In regards to claim 14, Ross teaches the pet housing apparatus of claim 8, but fails to explicitly teach wherein the third opening has a first dimension that is approximately 5 inches or larger, and wherein the third opening has a second dimension that is approximately 5 inches or larger.
Sommer teaches wherein the second opening has a first dimension that is approximately 5 inches or larger, and wherein the second opening has a second dimension that is approximately 5 inches or larger (Sommer; [0062] where the opening 12 is 4-18 inches wide and tall to allow for ingress and egress by a pet, the range of Sommer encompassing a range of 5 inches or larger).
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 Ross such that the openings for the cats have two dimensions about 5 inches or larger, such as taught by Sommer. The motivation for doing so would be to accommodate for the size of the average house cat.
In regards to claim 20, Ross teaches the pet housing apparatus of claim 15, but fails to explicitly teach wherein the fourth opening has a first dimension that is approximately 5 inches or larger, and wherein the fourth opening has a second dimension that is approximately 5 inches or larger.
Sommer teaches wherein the second opening has a first dimension that is approximately 5 inches or larger, and wherein the second opening has a second dimension that is approximately 5 inches or larger (Sommer; [0062] where the opening 12 is 4-18 inches wide and tall to allow for ingress and egress by a pet, the range of Sommer encompassing a range of 5 inches or larger).
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 Ross such that the openings for the cats have two dimensions about 5 inches or larger, such as taught by Sommer. The motivation for doing so would be to accommodate for the size of the average house cat.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US D1099588 S to Lu, US D1000167 S to Zhang, US D997471 S to Mao, US D995953 S to Mao, US 20220378013 A1 to Nguyen, KR 20190001283 U, WO 2012077858 A1 to Yang, US 20060272590 A1 to Pettys, US 20050120968 A1 to Dorsey, US 6286458 B1 to Rawson, WO 9717839 A1 to Maier, US 3872832 A to Quinn, US 3618568 A to Breeden, all teach pet enclosures hidden within structures which could be considered furniture and cabinets.
US D982245 S to Lin, US D981659 S to Song, US 20210400915 A1 to Monahan, US 20190230895 A1 to Lin, US 20170339916 A1 to Deraps, US 6945193 B1 to Tanner, DE 202005000029 U1 each teach a pet house with openings in panels of the pet house, the panels covering a larger opening than the opening within the panel for the pet.
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