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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 01/27/2026 has been entered.
Election/Restrictions
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species B, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 05/01/2025.
Claim 1 is no longer generic to the elected Species A (see reply dated 05/01/2025), rather it recites characteristics exclusive to the unelected Species B (see Restriction/Election Requirement dated 03/03/2025). Specifically, in claim 1, the applicant now claims that the second opening is smaller than the first and third openings. There is no antecedent basis for this limitation in the specification, and the drawings for the elected Species A (Figs 1-7) do not show the second opening (that formed between members 338 and 340 of the support member 202, in Fig 3), being larger than the first opening (opening 356, Fig 3). Further, the written disclosure concerning the elected embodiment contradicts this limitation, reciting, in ¶0044, that the opening 356 may be bounded by the first vertical member 338 and second vertical member 340. Instead, the unelected species B clearly reads on this limitation; it is plainly seen in Figs 9-11 that the second opening (defined between members 1130 and 1132, Fig 11), is smaller than the first opening (opening 912, Fig 10), and the third opening (defined by the sides 1100, 1102, 1106, and 1108, Fig 11).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 01/14/2026 is being considered in part by the examiner. NPL document #1 (office action issued by CNIPA) is not being considered, as no written English-language translation of the document, or portion thereof, has been provided (37 CFR 1.98(3)(ii)).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference character “144” has been used to designate both a support frame of the first side panel 124 (in Fig 2), and what appears to be the top member of support frame 202 (in Fig 1).
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. 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.
Specification
The disclosure is objected to because of the following informalities:
¶0050 “As also shown in Fig. 9, the support frame assembly 804 may include a defined opening 912” appears to include a typo: opening 912 is not shown in Fig 9, nor is it part of the support frame assembly, rather it is formed in side panel 824.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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) 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 20160146158, as cited on previous 892), hereinafter referred to as Kim.
Regarding claim 21:
Kim discloses an animal enclosure (abstract), comprising:
a plurality of members (formed of all the sides of the protruding portion 220, I believe this is called the auxiliary frame 200 in the spec) defining an interior of the enclosure (see annotated Fig 2 below, interior of protruding portion 220), wherein the plurality of members comprises a first member (first member is formed of the side panels of the protruding portion 220 that define the first opening, the first member does not include the panel directly across from the opening) having a plurality of interconnected horizontal and vertical wires (see Fig 2) that define a first opening configured to provide access to the interior (see annotated Fig 2 below);
a support frame (closing door 160; see annotated Fig 2 below) positioned parallel to the first member (an axis of the support frame is positioned parallel to an axis of the first member, as annotated in Fig 3d below) comprising a top member, a bottom member, a first side member, a second side member, a first intermediate member, and a second intermediate member the support frame defining a second opening between the top member and the bottom member (see annotated Fig 1 below); and
a box assembly (cage body 100, Fig 2) comprising a top, a bottom, a front, a first side, and a second side, the box assembly defining a third opening for accessing an interior thereof (see annotated Figs 1 and 2 below);
wherein, the first member, the support frame, and the box assembly are coupled to one another (see Fig 2);
wherein, the first opening, the second opening, and the third opening are aligned with one another for coupling the interior of the enclosure with the interior of the box assembly (see Fig 1);
wherein the first side member is positioned in a first plane and the second side member positioned in a second plane, the second plane being parallel to the first plane (see annotated Fig 1 below);
wherein the first intermediate member and the second intermediate members are offset from and located inwardly between the first plane and the second plane (see annotated Fig 1 below).
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Regarding claim 22:
Kim discloses an animal enclosure (abstract), comprising:
a plurality of members (formed of all the sides of the protruding portion 220, I believe this is called the auxiliary frame 200 in the spec) defining an interior of the enclosure (see annotated Fig 2 below, interior of protruding portion 220), wherein the plurality of members comprises a first member (first member is formed of the side panels of the protruding portion 220 that define the first opening, the first member does not include the panel directly across from the opening) having a plurality of interconnected horizontal and vertical wires (see Fig 2) that define a first opening configured to provide access to the interior (see annotated Fig 2 below);
a support frame (closing door 160; see annotated Fig 2 below) positioned parallel to the first member (an axis of the support frame is positioned parallel to an axis of the first member, as annotated in Fig 3d below) comprising a top member, a bottom member, a first side member, and a second side member, the support frame defining a second opening between the top member and the bottom member (see annotated Fig 1 below); and
a box assembly (cage body 100, Fig 2) comprising a top, a bottom, a front, a first side, and a second side, the box assembly defining a third opening for accessing an interior thereof (see annotated Figs 1 and 2 below);
wherein, the first member, the support frame, and the box assembly are coupled to one another (see Fig 2);
wherein, the first opening, the second opening, and the third opening are aligned with one another for coupling the interior of the enclosure with the interior of the box assembly (see Fig 1);
wherein each of the top, bottom, front, first side, and second side of the box assembly are formed by a plurality of interconnecting wires (see Fig 1).
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Response to Arguments
Applicant's arguments filed 01/27/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claims 1-9 are moot given the claims have been withdrawn as being directed to an unelected species, as amended.
The applicant argues that Kim fails to teach a support frame parallel to the first member, contending that the first member is perpendicular to the support frame.
The examiner respectfully disagrees and contends, as displayed in the annotated Fig 3d below, that the support frame of Kim (annotated in rejection above, generally the closing door 160, not including the auxiliary frame 200) has an axis that is parallel to an axis of the first member (formed of the side panels of the protruding portion 200 that define the first opening, the first member does not include the panel directly across from the opening), and may therefore be considered parallel to the first member, under broadest reasonable interpretation.
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BROOK V SCHMID whose telephone number is (571)270-0141. The examiner can normally be reached M-F 8:30-5:30ish.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson, can be reached on 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/B.V.S./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/ Primary Examiner, Art Unit 3642