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, Claims 5-20 are elected and have been examined in this application. Claims 1-4 are non-elected and therefore withdrawn.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 04/10/2024, 10/10/2024 and reviewed by the Examiner.
Election/Restrictions
Applicant's election with traverse of Invention II, directed to Claims 5-20 in the reply filed on 06/22/2026 is acknowledged. The traversal is on the ground(s) that there would be no undue search burden to examine all claims, and applicant argues that the scopes overlap. This is not found persuasive because the heating system of Invention I requires elements in the dependents which are not claimed nor required by the animal enclosure. Additionally, Invention II is specific to an animal enclosure, requiring structures not required by claims 1-4, as claims 1-4 could be directed to more general heaters and heating systems outside of the search scope of an animal housing.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the guide rail comprising a PVC sleeve, the guide rail comprising a cylindrical threaded bar, the guide is moveably attached to the rear wall of the recess must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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 § 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 5-20 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.
Claims throughout appear to use the terminology guide/guide rail interchangeably, making it unclear if these are meant to be separate structures or if applicant is using the same term to describe the same structure.
Claim 11 recites “wherein the or each guide rail comprises a substantially cylindrical threaded bar.” This limitation is unclear in light of the drawings and specification. Though the specification recites the threaded bar, and the claim recites the threaded bar, there is no disclosure as to what this is meant to engage with or cooperate with structurally in order to form a working guide rail. Specifically, the drawings and specification do not disclose what this threaded aspect is for or what it engages with or is meant to do, making it unclear as to what this structure is.
Claim 14 recites “wherein the or each guide is moveably attached to the rear wall of the recess.” This limitation is unclear in light of the drawings and specification. Though the specification recites the movably attached guide and the claim recites the movably attached guide, there is no disclosure as to how this is achieved and how the movably attached guide is meant to be movable with respect to the rear wall of the recess while maintaining its position when the heating element is slid in and out. The FIGs for example only show the guide in a single position mounted to the recess within the housing, and does not show it to be movable with respect to the recess or housing at all. It is unclear how this is meant to function.
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) 5-9, 15-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20120199080 A1) to Siddons in view of (US 20190230894 A1) to Pan and (US 9179800 B2) to Harward.
In regards to claim 5, Siddons teaches an animal enclosure system for an animal comprising: at least one animal housing wherein the or each housing comprises at least one moveable door, wherein the or each door is moveable between a closed position covering an opening into the housing and an open position allowing access to the inside of the housing (Siddons; movable door 156 [0033] where the door is movable from an opened to a closed position to allow entry and exit of an animal); and a heating system (Siddons; 104 in 102 to transfer heat through the floor to a pet).
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Siddons fails to teach at least one recess below the or each animal housing comprising an opening thereto and at least one guide; and a heating system according to claim 1 wherein the or each mounting member is moveable along the or each guide to insert the heat transfer plate into the recess.
Pan teaches at least one recess below the or each animal housing comprising an opening thereto and at least one guide (Pan; recess into which M, 300, 302, 304 is inserted under 104 of the crate, see FIG 7; also [0080] the bottom portion 200 having a guiding structure for the trays which can facilitate insertion).
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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 Siddons such that the heating portion of the base is removable from a recess under the housing via at least one guide such as taught by Pan. The motivation for doing so would be to allow for a user the ability to easily replace or repair parts.
Siddons as modified by Pan fail to teach a heating system according to claim 1 wherein the or each mounting member is moveable along the or each guide to insert the heat transfer plate into the recess.
Harward teaches a heating system according to claim 1;
The heating system comprising at least one heat transfer plate having at least one heated surface on a first face (Harward; 422 heating element) and at least one mounting surface on an opposing second face (Harward; the opposing face of 422 having the slides 424), wherein the or each mounting surface comprises at least one mounting member (Harward; 424), wherein the mounting member is slidable along a guide to insert the heat transfer plate into a recess within an enclosure (Harward; slidable along 426, see FIGs 13A-C); and a power connection and/or a temperature sensor connection adjacent to the or each mounting member, wherein insertion of the heat transfer plate into a recess connects the power connection and/or the temperature sensor connection for the heat transfer plate (Harward; Col 2 line 55-Col 3 line 3; where the power switch is located near the mounting member such that when the drawer is engaged and slides into the housing, the electrical switch is activated);
wherein the or each mounting member is moveable along the or each guide to insert the heat transfer plate into the recess (Harward; slides 424 movable along guides 426, see FIGs 13A-C).
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Siddons, Pan, and Harward are analogous art from similar fields of endeavor i.e. heated bases; Pan and Harward are analogous art form a further field of endeavor i.e. removable heated drawers.
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 Siddons as modified by Pan such that the heating system has the slides, guides, and power switch system like the slidable drawer of Haraward. The motivation for doing so would be to provide a system that allows for the drawer to be removed more smoothly, and a system where the heating element can be activated or deactivated by opening or closing the drawer, thus increasing safety and conservation of energy.
In regards to claim 6, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 5, wherein the or each mounting member is moveable along a guide rail to insert the heat transfer plate into the recess (Harward; slides 424 movable along guides 426, see FIGs 13A-C).
In regards to claim 7, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 5, wherein the or each guide comprises a C-shaped cross-sectional profile (Harward; see FIG 13B with 426 having a C-shaped cross sectional profile when rotated).
Siddons as modified by Pan and Harward fail to explicitly teach wherein the or each mounting member comprises a C-shaped cross-sectional profile.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reverse the placement of the guide channels and the slides (guide and mounting member), such that the guide channel is on the base of the drawer and the slides are mounted to the housing, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. The motivation for doing so would be to keep the essential moving component of the slide mounted to the housing, while allowing for the channel to be removed from the slide.
In regards to claim 8, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 5, wherein the or each guide comprises a C-shaped cross-sectional profile (Harward; see FIG 13B with 426 having a C-shaped cross sectional profile when rotated).
Siddons as modified by Pan and Harward fail to explicitly teach wherein the or each mounting member comprises a C-shaped cross-sectional profile having an outer width of between about 9mm and about 13mm; and/or an outer height of between about 9mm and about 13mm; and/or an inner width of between about 5mm and about 9mm; and/or a wall thickness of between about 1mm and about 3mm.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reverse the placement of the guide channels and the slides (guide and mounting member), such that the guide channel is on the base of the drawer and the slides are mounted to the housing, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. The motivation for doing so would be to keep the essential moving component of the slide mounted to the housing, while allowing for the channel to be removed from the slide.
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make an obvious matter of design choice to change the size of the C-shaped mounting member such that it has an outer width of between about 9mm and 13mm; and/or an outer height of between about 9mm and about 13mm; and/or an inner width of between about 5mm and about 9mm; and/or a wall thickness of between about 1mm and about 3mm, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). One would have been motivated to change the size based on a slide and guide shape that would be durable enough to support weight, while being small and lightweight enough such as to not hinder removal of the deviceAdditionally, applicant does not disclose criticality for these sizes. Though the specification recites the dimensions are “preferably” the recited sizes, there is no disclosure as to the criticality of theses sizes, over a size smaller or larger.
In regards to claim 9, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 6, wherein the or each mounting member comprises a rounded bar (Harward; see FIG 13B with 424 having a bar with rounded sides).
Siddons as modified by Pan and Harward fail to explicitly teach wherein the or each mounting member comprises a substantially cylindrical bar.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to reverse the placement of the guide channels and the slides (guide and mounting member), such that the guide channel is on the base of the drawer and the slides are mounted to the housing, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167. The motivation for doing so would be to keep the essential moving component of the slide mounted to the housing, while allowing for the channel to be removed from the slide.
Additionally, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make an obvious matter of design choice to change the shape of the bar to be cylindrical; and of whatever shape was desired or expedient. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. One would have been motivated to change the shape of the slide bar such that it reduces friction as it moves within the guide. Additionally, applicant does not disclose criticality for this shape. Though the specification recites the bar is “preferably” cylindrical, there is no criticality to the shape of the bar over a different shape.
In regards to claim 15, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 6, wherein the or each guide rail has a length less that the depth of the recess (Harward; see FIG 11 where 424, 426 are less than the total length of the drawer and therefore less than the length of the housing into which they are installed).
In regards to claim 16, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 5, wherein the or each housing comprises a base and the or each heated surface of the or each heat transfer plate is beneath the base (Siddons; base 102 with heat element 104 underneath the base) (Pan; base of 104 of the crate having the heated plates M beneath the base).
In regard to claim 17, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 16, wherein the recess further comprises a gap between the base of the housing and the or each heated surface of the or each heat transfer plate (Pan; there is a cap between the upper surface of M and the base of 20 in order such that 300 can slide in and out).
Siddons as modified by Pan and Harward fail to explicitly teach the gap is between about 1mm and about 5mm.
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 an obvious matter of design choice to change the size of the gap to be between about 1mm and about 5mm, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). One would have been motivated to change the size based on the ability for the drawer to slide in and out effectively without damaging or scraping heating elements. Additionally, applicant does not disclose criticality for these sizes. Though the specification recites the dimension of the gap is “preferably” the recited size, there is no disclosure as to the criticality of this size, over a size smaller or larger.
In regards to claim 18, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 5, wherein the or each recess further comprises at least one power connection and/or at least one temperature sensor connection (Harward; Col 2 line 55-Col 3 line 3; where the power switch is located near the mounting member such that when the drawer is engaged and slides into the housing, the electrical switch is activated).
In regards to claim 19, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 5, further comprising a control panel (Siddons; [0063] control panel being wireless device 362 used to control the device) wherein the control panel is configured to control conditions within a single housing (Siddons; [0063] the wireless device 362 adjusts the control device to change temperature within the housing).
Siddons fails to explicitly teach further comprising a plurality of animal housings and a plurality of control panels, wherein each control panel is configured to control conditions within a single housing.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have multiple housings of Siddon (and thus multiple control panels which are configured to each 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 have a situation in which multiple housings are available to multiple different customers for their different animals.
In regards to claim 20, Siddons as modified by Pan and Harward teach the animal enclosure system according to claim 5, further comprising a plurality of stackable housings.
Pan teaches further comprising a plurality of stackable housings (Pan; [0062] where the housing’s outer shell 100 allows two pet carries 10 to be stacked onto one another).
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 Siddon as modified by Pan and Harward such that its enclosure is shaped to be stackable, such as taught by Pan. The motivation for doing so would be for efficiency in space saving when storing or transporting the device, as well as allowing for a two tiered device for animals.
Allowable Subject Matter
Claim 10-14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include 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 20180139924 A1 to Lomis teaches a stackable animal enclosure.
US 20180064060 A1 to Romney teaches an animal enclosure with a removable tray base which is slid in and out of a recess.
US 9290890 B2 to Naylor, US 20120234247 A1 to Graves, US 8258443 B2 to Caterina, teaches a heating pad for animals.
US 8707904 B2 to Ertel teaches a heatable floor for livestock stalls.
US 20110168104 A1 to Matteson teaches a stackable crate configuration with a removable divider through a slot in a recess in the enclosure.
US 6622652 B1 to Wang teaches a heated bed for pets where the heating element is spaced from the base where the animal lays.
US 6166353 A to Senneville teaches a warming drawer with C shaped mounting portions and rails.
US 2980058 A to Hoffmann teaches a heated pad removable on rails to form a cot within an enclosure.
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.
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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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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647
Prosecution Insights