DETAILED ACTION
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office 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 .
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.
Response to Amendment
The amendment filed 07/10/2025 has been entered. Claims 1-4 remain pending. Claims 5-20 are canceled. Claims 1 and 2 are amended. Claims 21-36 are newly added.
Newly submitted claims 25-36 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Previously presented and elected Group I (claims 1-4) is drawn to a method of assembling a fence unit, classified in E04H 17/185.
Newly added claims 25-36 is drawn to a fence unit, classified in E04H 17/161.
Newly submitted claims 25-36 lack unity of invention with the previously presented invention because the newly submitted claims are not so linked with the original presentation as to form a single general inventive concept under PCT Rule 13.1 because, under PCT Rule 13.2, they lack the same or corresponding special technical features. Even though the invention of these newly submitted claims require the technical feature of “a fence unit… a side panel including a plurality of vertical wires and a plurality of horizontal wires door frame including a side hook and side loop; sliding one of the plurality of vertical wires of the side…into the side hook of the door frame; rotating the side panel with respect to the door frame such that the side loop of the door frame… plane defined by the side panel; and inserting a door frame engagement pin through the side loop,…at least one of the plurality of horizontal wires of the side panel prevents the side panel from rotating with respect to the door frame”, this technical feature is not a special technical feature as it does not make a contribution over the prior art in view of Cantwell et al. (US 2019/0274276 A1) and Smiler (US 3,556,058).
Cantwell teaches a method of assembling a fence unit (Fig. 2, “crate assembly”, 200), the method comprising: providing a side panel (Fig. 2, “first side”, 214) and a door frame (Fig. 3, “door frame”, 302) of a fence assembly (See Figs. 2-3; “door frame” 302 described as optionally being used with “crate assembly” 200: “Turning to FIG. 3, one embodiment of a door assembly 300 that may be incorporated into the crate assemblies of FIGS. 1 and 2 is shown.”, Para. [0031]), the side panel including a plurality of vertical wires and a plurality of horizontal wires (As shown in Fig. 2; “As described, the door frame 206 and door 208 may be provided on any side of the crate assembly 200. In FIG. 2, the crate assembly 200 includes a top 210, a front (same side as door frame 206 and door 208), a back 212, a first side 214, and a second side 216. The different sides may be formed by a plurality of interconnecting horizontal and vertical wires.”, Para. [0029]), the door frame including a side hook (Fig. 3, “one or more wire clips” 322; “The door frame 302 may be coupled to one or more sides of an animal crate assembly via one or more wire clips 322”, Para. [0031]); sliding one of the plurality of vertical wires of the side into the side hook of the door frame (See Figs. 2-3, wire clips 322 are clipped onto a vertical wire of side 214, thereby sliding over the vertical wire; “For example, in FIG. 2, the door frame 302 may be similar or the same as the door frame 206, and it may couple via the wire clips 322 to the first side 214 and the second side 216.”, Para. [0031]).
Smiler teaches the door frame (Fig. 3, frame 12) including a side loop (Fig. 3, “loops”, 30); rotating the side panel with respect to the door frame such that the side loop of the door frame protrudes through a plane defined by the side panel (See Figs. 1 & 3: side panel 16 and frame 12 are initially in flat configurations prior to assembly shown in Fig. 3, but are rotated into perpendicular configuration shown in Fig. 1 such that “loops” 35 of side panel 16 align with loops 30 of frame 12, therefore side loops 30 protrude through a plane of the side panel 16; Described in Col. 2, lines 1-30); and inserting a door frame engagement pin (Figs. 1 & 3, “rods”, 40) through the side loop (Figs. 1 & 3: when loops 30 and 35 are aligned, rod/engagement pin 40 is inserted through loops 30; Described in Col. 2, lines 20-35), the door frame engagement pin including an elongated portion (Figs. 1 & 3, elongated portion of “rods” 40) and a fastening portion (Figs. 1 & 3, “hook”, 48), wherein, once inserted, the elongated portion engages at least one of the plurality of horizontal wires of the side panel to prevent the side panel from rotating with respect to the door frame (Figs. 1 & 3: once inserted, the elongated portion of rods 40 passes through loops 35 of horizontal wires of side panel 16 and hook or fastening portion 48 prevents the rods 48 from being drawn through the loops 30 and 35, securing the sides, top, and bottom in place provides a rigid structure which thereby prevents the sides, top, and bottom, from rotating relative to one another; Described in Col. 2, Lines 10-35 and 50-60).
Since applicant has received an action on the merits for the originally presented invention, specifically a method of assembling a fence unit, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 25-36 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Claim Rejections - 35 USC § 112(b)
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 2 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 2 recites the limitation "the fastening portion". Since “a fastening portion” was removed from claim 1, there is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3 and 21-24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cantwell et al. (US 2019/0274276 A1) in view of Smiler (US 3,556,058).
Regarding claim 1, Cantwell teaches a method of assembling a fence unit (Fig. 2, “crate assembly”, 200), the method comprising: providing a side panel (Fig. 2, “first side”, 214) and a door frame (Fig. 3, “door frame”, 302) of a fence assembly (See Figs. 2-3; “door frame” 302 described as optionally being used with “crate assembly” 200: “Turning to FIG. 3, one embodiment of a door assembly 300 that may be incorporated into the crate assemblies of FIGS. 1 and 2 is shown.”, Para. [0031]), the side panel including a plurality of vertical wires and a plurality of horizontal wires (As shown in Fig. 2; “As described, the door frame 206 and door 208 may be provided on any side of the crate assembly 200. In FIG. 2, the crate assembly 200 includes a top 210, a front (same side as door frame 206 and door 208), a back 212, a first side 214, and a second side 216. The different sides may be formed by a plurality of interconnecting horizontal and vertical wires.”, Para. [0029]), the plurality of vertical wires and the plurality of horizontal wires defining a plane (Implicitly disclosed, each of the crate panels define a plane); providing a door frame including a side hook (Fig. 3, “one or more wire clips” 322; “The door frame 302 may be coupled to one or more sides of an animal crate assembly via one or more wire clips 322”, Para. [0031]); sliding one of the plurality of vertical wires of the side panel into the side hook of the door frame (See Figs. 2-3, wire clips 322 are clipped onto a vertical wire of side 214, thereby sliding over the vertical wire; “For example, in FIG. 2, the door frame 302 may be similar or the same as the door frame 206, and it may couple via the wire clips 322 to the first side 214 and the second side 216.”, Para. [0031]).
Cantwell does not expressly disclose the door frame including a side loop; rotating the side panel with respect to the door frame such that the side loop of the door frame rotates from a first side to a second side of the plane defined by the side panel such that the side loop protrudes through the plane defined by the side panel; and inserting a door frame engagement pin through the side loop, wherein, once inserted, an engagement between the door frame engagement pin and at least one of the plurality of horizontal wires of the side panel prevents the side panel from rotating with respect to the door frame.
However, in an analogous animal enclosure art, Smiler teaches the door frame (Fig. 3, frame 12) including a side loop (Fig. 3, “loops”, 30); rotating the side panel with respect to the door frame such that the side loop of the door frame rotates from a first side to a second side of the plane defined by the side panel such that the side loop protrudes through the plane defined by the side panel (See Figs. 1 & 3: side panel 16 and frame 12 are initially in flat configurations prior to assembly shown in Fig. 3, but are rotated into perpendicular configuration shown in Fig. 1 such that “loops” 35 of side panel 16 align with loops 30 of frame 12, therefore side loops 30 rotates from a first side to a second side of the plane of the side panel 16 such that the side loop 30 protrudes through the plane defined by the side panel 16; Described in Col. 2, lines 1-30); and inserting a door frame engagement pin (Figs. 1 & 3, “rods”, 40) through the side loop (Figs. 1 & 3: when loops 30 and 35 are aligned, rod/engagement pin 40 is inserted through loops 30; Described in Col. 2, lines 20-35), the door frame engagement pin including an elongated portion (Figs. 1 & 3, “rods” 40) and a fastening portion (Figs. 1 & 3, “hook”, 48), wherein, once inserted, an engagement between the door frame engagement pin (Figs. 1 & 3, “rods” 40) and at least one of the plurality of horizontal wires of the side panel (Fig. 1 shows “hook” 48 is at the end of least one of the plurality of horizontal wires of the side panel 14 & 16) prevents the side panel from rotating with respect to the door frame (Figs. 1 & 3: once inserted, the rods 40 passes through loops 35 of horizontal wires of side panel 14 & 16 and hook 48 prevents the rods 48 from being drawn through the loops 30 and 35, securing the sides, top, and bottom in place provides a rigid structure which thereby prevents the sides, top, and bottom, from rotating relative to one another; Described in Col. 2, Lines 10-35 and 50-60).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Cantwell further including the door frame including a side loop; rotating the side panel with respect to the door frame such that the side loop of the door frame rotates from a first side to a second side of the plane defined by the side panel such that the side loop protrudes through the plane defined by the side panel; and inserting a door frame engagement pin through the side loop, wherein, once inserted, an engagement between the door frame engagement pin and at least one of the plurality of horizontal wires of the side panel prevents the side panel from rotating with respect to the door frame, as taught by Smiler, with a reasonable expectation for success, since Smiler discloses a similar structured fence unit that provides the advantage of being readily collapsible by removing the engagement pins (See Smiler, Abstract and Col. 2, Lines 50-60).
Regarding claim 2, as best understood, Cantwell as modified by Smiler teaches the method of claim 1,
Further, Smiler teaches further including pressing the fastening portion of the door frame engagement pin down over a pin engagement ridge to removably secure the door frame engagement pin in place (Figs. 1 & 3, when rod or engagement pin 40 is inserted through loops 30 and 35, a hook 48 on the rod 40 is pressed over the first loop or pin engagement ridge to prevent rod 40 from passing through the loops 30 and 35, thereby securing rod 40 in place; described in Col. 2, lines 30-35).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Cantwell further including pressing the door frame engagement pin down over a pin engagement ridge to removably secure the door frame engagement pin in place, as taught by Smiler, with a reasonable expectation for success, since Smiler discloses a similar structured fence unit that provides the advantage of being readily collapsible by removing the engagement pins (See Smiler, Abstract and Col. 2, Lines 50-60).
Regarding claim 3, Cantwell as modified by Smiler teaches the method of claim 1.
Further, Smiler teaches wherein rotating the side panel includes rotating the side panel until the side panel is positioned perpendicular to the door frame (See Figs. 1 & 3: side panel 16 and frame 12 are initially in flat configurations prior to assembly shown in Fig. 3, but are rotated into perpendicular configuration shown in Fig. 1 such that “loops” 35 of side panel 16 align with loops 30 of frame 12; Described in Col. 2, lines 1-30).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Cantwell wherein rotating the side panel includes rotating the side panel until the side panel is positioned perpendicular to the door frame, as taught by Smiler, with a reasonable expectation for success, since Smiler discloses a similar structured fence unit that provides the advantage of being readily collapsible by removing the engagement pins (See Smiler, Abstract and Col. 2, Lines 50-60).
Regarding claim 21, Cantwell as modified by Smiler teaches the method of claim 1. Further, Smiler teaches wherein the door frame includes a plurality of horizontal wires, and wherein the side hook and the side loop are positioned on the same horizontal wire (Fig. 1 shows turned back loop end 56 and elongated eyelet 58 on the same intermediate horizontal rail 54 on door frame member 50; See Col. 2, Lines 39-44; note, Cantwell is relied upon above for disclosing the turned back loop ends may instead be side hooks).
Regarding claim 22, Cantwell as modified by Smiler teaches the method of claim 21. Further, Smiler teaches wherein the side hook and the side loop are axially spaced apart on the horizontal wire (Fig. 1 shows turned back loop end 56 and elongated eyelet 58 on opposite ends of the intermediate horizontal rail 54 and thus spaced axially apart; note, Cantwell is relied upon above for disclosing the turned back loop ends may instead be side hooks).
Regarding claim 23, Cantwell as modified by Smiler teaches the method of claim 1. Further, Smiler teaches wherein inserting the door frame engagement pin through the side loop locks the door frame at a 90 degree angle relative to the side panel (Figs. 1 & 3: once inserted, the rods 40 passes through loops 35 of horizontal wires of side panel 14 & 16 and hook 48 prevents the rods 48 from being drawn through the loops 30 and 35, securing the sides, top, and bottom in place at 90 degree angles with respect to each other. For example, door frame 50 is locked at 90 degrees relative to side panels 12 & 14 and top panel 16).
Regarding claim 24, Cantwell as modified by Smiler teaches the method of claim 1. Further, Smiler teaches wherein, when received within the side loop, the door frame engagement pin pinches the side panel against the door frame (Figs. 1 & 3: once inserted, the rods 40 passes through loops 35 of horizontal wires of side panel 14 & 16 and hook 48 prevents the rods 48 from being drawn through the loops 30 and 35, securing the sides, top, and bottom in place and pinching the edges/corners against one another. For example, side panel 14 and top panel 16 is pinched against door frame 50 at the corners, such as at hook 48).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cantwell et al. (US 2019/0274276 A1) in view of Smiler (US 3,556,058) as applied to claims 3 above, further in view of Askins et al. (US 5,943,982).
Regarding claim 4, Cantwell as modified by Smiler teaches the method of claim 3, but does not expressly disclose wherein rotation of the side panel is limited by engagement between the horizontal wires of the side panel and a vertical wire or framing bar of the door frame.
However, in an analogous animal enclosure art, Askins teaches wherein rotation of the side panel is limited by engagement between the horizontal wires of the side panel and a vertical wire or framing bar of the door frame (Figs. 1-2A & 3E, as the front wall 18 is unfolded by rotation as shown in Figs. 1-2A a vertical wire on the front wall 18 is push fitted into the horizontal wire legs 42a forming clip 42 which form horizontal wires of side wall 22, thereby preventing further rotation; Described in Col. 3, line 50 – Col. 4, line 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the method of Cantwell as modified by Smiler wherein rotation of the side panel is limited by engagement between the horizontal wires of the side panel and a vertical wire or framing bar of the door frame, as taught by Askins, with a reasonable expectation for success, since as the walls are unfolded, the end rods of the respective walls can be push fitted into the clips to connect the walls together into a rigid structure (Askins; column 3, line 65 - column 4, line 10). This provides an additional means for ensuring the walls remain secured together when the device is erected and helps guide the user to erect the device, making it easier to do so without the need for instructions or help.
Response to Arguments
Applicant's arguments filed 07/10/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that Smiler does not disclose the added limitations, it is noted that Smiler teaches rotating the side panel with respect to the door frame such that the side loop of the door frame rotates from a first side to a second side of the plane defined by the side panel such that the side loop protrudes through the plane defined by the side panel (See Figs. 1 & 3: side panel 16 and frame 12 are initially in flat configurations prior to assembly shown in Fig. 3, but are rotated into perpendicular configuration shown in Fig. 1 such that “loops” 35 of side panel 16 align with loops 30 of frame 12, therefore side loops 30 rotates from a first side to a second side of the plane of the side panel 16 such that the side loop 30 protrudes through the plane defined by the side panel 16; Described in Col. 2, lines 1-30); wherein, once inserted, an engagement between the door frame engagement pin (Figs. 1 & 3, “rods” 40) and at least one of the plurality of horizontal wires of the side panel (Fig. 1 shows “hook” 48 is at the end of least one of the plurality of horizontal wires of the side panel 14 & 16) prevents the side panel from rotating with respect to the door frame (Figs. 1 & 3: once inserted, the rods 40 passes through loops 35 of horizontal wires of side panel 14 & 16 and hook 48 prevents the rods 48 from being drawn through the loops 30 and 35, securing the sides, top, and bottom in place provides a rigid structure which thereby prevents the sides, top, and bottom, from rotating relative to one another; Described in Col. 2, Lines 10-35 and 50-60).
Specifically, since the eyelets of Smiler are at the edges of two planes, the eyelets are protruding the planes of the side panels 12 & 14 and top panel 16. Further, the engagement of the door engagement pin, or rods 40, includes the engagement of hook 48 at the end of rod 40, see Figs. 1 & 3. The hook 48 prevents rotation of the door frame 50, top panel 16, and side panel 14 with respect to one another providing the rigid structure of Fig. 1. The rotation is at least partially prevented by hook 48 of door engagement pin or rod 40, such that the crate of Smiler maintains it's rigid box shape shown in Fig. 1.
Therefore, the combination of Cantwell and Smiler teach each and every added limitation of the claims.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.J.S./Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647