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 .
Drawings
The drawings were received on 8/7/2024. These drawings are accepted for examination.
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 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gwon (KR 2017/0034242).
Regarding claim 1, Gwon (‘242) discloses and teaches an animal chamber including a case with door which can be opened and closed (110, 112), as well as a space for the animal to take up, a control unit provided on one side of the case (150), configure to control an oxygen sensor, oxygen pump, oxygen valve, or temperature adjustment unit (112, 110, 221, 238). Additionally, an oxygen pump (to pump air into the case, 227, 221, 220), sensor (for measuring oxygen concentration, 140), and valve (to allow oxygen to selectively flow into or out of the case, 235, 241-246) are connected within the case. Finally, a temperature adjustment unit for controlling internal temperature (237) and a cover are provided on the side of the case (112).
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.
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwon (KR 2017/0034242) in view of Kinumura et al (JP 2003/319727).
Regarding claim 3, Gwon (‘242) discloses oxygen supply but doesn’t describe a muffler/silencer element to provide sound reduction during oxygen supply. Attention is hereby directed to the teaching reference to Kinumura et al which expressly discloses and teaches a forced intake and exhaust fan (0007) as well as silencing/dampening element (0005-0006, Claim 10) for keeping such elements quiet. It would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized the teaching of Kinumura et al (‘727) with those of Gwon (‘242) in order to provide a pet house that can solve comfort, noise, and hygiene for the animal during storage/transport (abs, Kimumura).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwon (KR 2017/0034242) in view of Shin (KR 10/0872311).
Regarding claim 4, Gwon (‘242) discloses a temperature adjustment mechanism for heating, but doesn’t provide disclosure of the fan on the side of the heating element. Attention is hereby directed to the teaching reference to Shin (‘311) which expressly discloses and teaches the use of a heater, controller, and fan for blowing air throughout an animal storage element (abs). The fan and fan controls for Shin (‘311) allow for the generated heat to be circulated in the container. It would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized the teaching of Shin (‘311) with those of Gwon (‘242) to provide air circulation with the heating of the oxygen in the container to keep the animals comfortable (abs, Shin ‘311).
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gwon (KR 2017/0034242) in view of Bae (KR 10/1419366).
Regarding claim 5, Gwon (‘242) discloses a cover and coupling to allow for temperature adjustment, but fails to set forth the claimed circulation holes on the side of the case, partition allowing for the temperature unit to be separate from the other components when combined with the cover, and a coupling portion to separate the temperature unit between the case and cover out of a side of the device/cover. Attention is hereby directed to the teaching reference to Bae (‘366) which expressly discloses and teaches air inflow elements (holes, 152), in conjunction with the partitions for allowing the temperature unit to be separate from other components an the animal when combined with the cover, as well as the positioning between case/cover out the side of the device during placement (Fig 2). It would have been obvious to one of ordinary skill in the art at the time of the invention to have utilized the teaching of Bae (‘366) with those of Gwon (‘242) in order to provide circulation of fluid (Fig 2, 8) and positioning of the heater as a protruding element from the housing/case for the live specimen (Bae, abs).
Claim Objections/Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim but would be allowable if rewritten in independent form including 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 includes JP 2006/288275 which discloses and teaches an oxygen-sensed container for animal support and monitoring. The pressure of the gas is monitored in the container and the air is kept separate from the surrounding air via the design of the container/cover/support.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOEL M. LAMPRECHT whose telephone number is (571)272-3250. The examiner can normally be reached Mon - Fri 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Keith Raymond can be reached at (571)270-1790. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOEL LAMPRECHT/Primary Examiner, Art Unit 3798
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