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 1-11 are pending and have been examined in this application.
This communication is the first action on the merits.
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 1-11) in the reply filed on 11/06/2025 is acknowledged.
Claims 12-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
The requirement is still deemed proper and is therefore made FINAL.
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.
Claims 2-10 are 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 phrase "the bottom layer" in lines 5-6. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests changing “the bottom layer” to --a bottom layer plate--.
Claims 3-10 are rejected based on their respective dependencies.
Appropriate correction is required. Accordingly, the invention has been examined as best understood.
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.
Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1)/(2) as being anticipated by Han (KR 102352266).
In regard to claim 1, Han discloses a reptile pet breeding cabinet assembly, comprising: a breeding box configured to breed reptiles (Figs. 1-4 and Translated Specification Abstract, where there is a breeding box configured to breed reptiles); a layer plate provided on a lower side of the breeding box, wherein a heat preservation area for containing gas is provided on the layer plate (Figs. 1-4 and Translated Specification Page 2 line 17 - Page 4 line 21, where there is a layer plate (combination of respective one of 11, 14, 20, and 30) provided on a lower side of the breeding box 40 and where a heat preservation area (in between 33 and 36 there is at least an area containing gas around the heating element 30’) for containing gas is provided on the layer plate 20/30); and a heating element provided between the breeding box and the layer plate, and configured to heat a bottom of the breeding box and to cover the heat preservation area (Figs. 1-4 and Translated Specification Page 2 line 17 - Page 4 line 21, where there is a heating element 33 provided between the breeding box 40 and the layer plate (combination of respective one of 11, 14, 20, and 30) and configured to heat a bottom of the breeding box 40 and to cover the heat preservation area (in between 33 and 36)).
In regard to claim 2, Han discloses the reptile pet breeding cabinet assembly according to claim 1, wherein the layer plate includes a bottom layer plate and a top layer plate (Figs. 1-4 and Translated Specification Page 2 line 17 - Page 4 line 21, where the layer plate includes a bottom layer plate (one of 11, 14, 20, and 30) and a top layer plate (another one of 11, 14, 20, and 30)), and wherein the bottom layer plate is provided on the lower side of the breeding box, the top layer plate is provided on an upper side of the breeding box and is configured to suspend the breeding box, and the top layer plate is configured to be the bottom layer of another breeding box arranged above the breeding box (Figs. 1-4 and Translated Specification Page 2 line 17 - Page 4 line 21, where the bottom layer plate is provided on the lower side of a first breeding box 40, the top layer plate is provided on an upper side of the first breeding box 40 and is configured to suspend the first breeding box 40 via 14, and the top layer plate is configured to be the bottom layer of a second breeding box 40 arranged above the first breeding box 40).
In regard to claim 3, Han discloses the reptile pet breeding cabinet assembly according to claim 2, wherein a convex structure is provided on the layer plate, the heat preservation area is formed in the convex structure, the layer plate is provided with a ventilation area on a side of the heat preservation area, and a top side of the convex structure is higher than the ventilation area (Figs. 1-4 and Translated Specification Page 2 line 17 - Page 4 line 21, where there is a convex structure (see Fig. 2 which shows 30 as extending above 20) provided on the layer plate, the heat preservation area (in between 33 and 36) is formed in the convex structure 30, the layer plate is provided with a ventilation area (which at least includes 21) on a side of the heat preservation area (on one side of the heat preservation area), and a top side of the convex structure 30 is higher than the ventilation area).
In regard to claim 4, Han discloses the reptile pet breeding cabinet assembly according to claim 3, wherein the ventilation area includes a front ventilation area located on a front side of the heat preservation area, and a rear ventilation area located on a rear side of the heat preservation area (Figs. 1-4 and Translated Specification Page 2 line 17 - Page 4 line 21, where the ventilation area includes a front ventilation area 21 located on a front side of the heat preservation area (in between 33 and 36) and a rear ventilation area (opposite side from 21 relative to 30) located on a rear side of the heat preservation area (in between 33 and 36)).
In regard to claim 5, Han discloses the reptile pet breeding cabinet assembly according to claim 4, wherein the front ventilation area is configured to be adjacent to a pedestrian passage, and the heating element is a flexible heating sheet located on a side away from the pedestrian passage (Figs. 1-4 and Translated Specification Page 2 line 17 - Page 4 line 21, where the front ventilation area 21 is configured to be adjacent to a pedestrian passage (handle 41, which user interacts with, is on side of ventilation area 21), and the heating element 30’/31/36 is a flexible heating sheet (heat transfer film 31 and foam pad 36 are at least flexible) located on a side away from the pedestrian passage (opposite of ventilation area 21)).
In regard to claim 7, Han discloses the reptile pet breeding cabinet assembly according to claim 2, wherein a sliding slot is provided on each of a left side and a right side of a lower part of the layer plate, an outer edge slidably assembled on the sliding slot is provided one each of a left side and a right side of an upper part the breeding box (Figs. 1-4 and Translated Specification Page 2 line 17 - Page 4 line 21, where there is a sliding slot 14 provided on each of a left side and a right side of a lower part of the layer plate and where an outer edge 43 slidably assembled on the sliding slot 14 is provided one each of a left side and a right side of an upper part the breeding box 40), and the breeding box is configured to be suspended on the top layer plate and capable of being pulled outward relative to the top layer plate (Figs. 1-4 and Translated Specification Page 2 line 17 - Page 4 line 21, where the breeding box 40 is configured to be suspended on the top layer plate and at least capable of being pulled outward relative to the top layer plate via handle 41).
Claim Rejections - 35 USC § 103
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 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.
Claims 6 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 102352266) in view of Chang (U.S. Pub. 20160174519).
In regard to claim 6, Han discloses the reptile pet breeding cabinet assembly according to claim 3. Han is silent on a side of the ventilation area connected to the convex structure is in an arc-shaped transition. Chang discloses a side of the ventilation area is in an arc-shaped transition (Figs. 12-14, where a side of the ventilation area 310/600 is at least in an arc-shaped transition). Han and Chang are analogous because they are from the same field of endeavor which include enclosures. 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 body of Han such that a side of the ventilation area connected to the convex structure is in an arc-shaped transition in view of Chang, since the arc-shaped transition of Chang can be used between the ventilation area and the convex structure of Han. The motivation would have been to allow more space (relative volume of air) for air exchange above each box, thereby promoting further ventilation and faster cycling of air between the inside and outside of the box.
In regard to claim 8, Han discloses the reptile pet breeding cabinet assembly according to claim 2. Han is silent on a box cover covering the upper side of the breeding box and located on a lower side of the top layer plate, wherein a plurality of ventilation holes are provided on the box cover. Chang discloses a box cover covering the upper side of the breeding box and wherein a plurality of ventilation holes are provided on the box cover (Figs. 12-14 and Paragraphs [0176-0179], where there is a box cover 300/600 covering the upper side of the breeding box 200 and where a plurality of ventilation holes 400 are provided on the box cover 300/600). Han and Chang are analogous because they are from the same field of endeavor which include enclosures. 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 body of Han such that a box cover covering the upper side of the breeding box and located on a lower side of the top layer plate, wherein a plurality of ventilation holes are provided on the box cover in view of Chang, since the box cover of Change can be located on a lower side of the top layer plate of Han. The motivation would have been to provide air flow into the box, when a cover is used to close the upper opening of the box.
In regard to claim 9, Han and Chang discloses the reptile pet breeding cabinet assembly according to claim 8, wherein an overlapping rib that protrudes inward is provided on an inner wall of the breeding box adjacent to the upper side of the breeding box, and the box cover is configured to be placed on the overlapping rib (Chang, Figs. 12-14 and Paragraphs [0176-0179], where there is an overlapping rib (lip of upper side of box 200) that protrudes inward is provided on an inner wall of the breeding box 200 adjacent to the upper side of the breeding box and where the box cover (portion 600 of box cover) is configured to be placed on the overlapping rib via limiting notch 210).
In regard to claim 10, Han and Chang discloses the reptile pet breeding cabinet assembly according to claim 9, wherein a limiting notch is provided on the overlapping rib, and a limiting protrusion corresponding to the limiting notch is provided on a bottom side of the box cover (Chang, Figs. 12-14 and Paragraph [0179], where there is a limiting notch 210 provided on the overlapping rib (lip of upper side of box 200), and a limiting protrusion 610 corresponding to the limiting notch 210 is provided on a bottom side of the box cover (on portion 600 of box cover)).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 102352266) in view of Hahn (U.S. Pub. 20140238309).
In regard to claim 11, Han discloses the reptile pet breeding cabinet assembly according to claim 1. Han is silent on a partition configured to divide the breeding box into at least two spaces. Hahn discloses a partition configured to divide the breeding box into at least two spaces (Figs. 1-3 and Paragraph [0031], where there is a partition 31 configured to divide the breeding box 30 into at least two spaces 45A/45B). Han and Hahn are analogous because they are from the same field of endeavor which include enclosures. 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 body of Han such that a partition configured to divide the breeding box into at least two spaces in view of Hahn. The motivation would have been to have multiple compartments in a single breeding box, thereby preventing waste or liquids from moving from one compartment to another (Hahn, Abstract).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, Notice of References Cited, for the full list of prior art made of record. Particularly the references were cited because they pertain to the state of the art of enclosures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
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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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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647