Prosecution Insights
Last updated: April 19, 2026
Application No. 18/934,937

MODULAR BASE FOR AN ANIMAL'S CAGE AND MODULAR BOTTOM FOR AN ANIMAL'S CAGE

Non-Final OA §102
Filed
Nov 01, 2024
Examiner
RODZIWICZ, AARON M
Art Unit
3642
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Ferplast S P A
OA Round
3 (Non-Final)
70%
Grant Probability
Favorable
3-4
OA Rounds
2y 7m
To Grant
88%
With Interview

Examiner Intelligence

Grants 70% — above average
70%
Career Allow Rate
395 granted / 560 resolved
+18.5% vs TC avg
Strong +18% interview lift
Without
With
+17.5%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
20 currently pending
Career history
580
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
41.4%
+1.4% vs TC avg
§102
28.2%
-11.8% vs TC avg
§112
25.2%
-14.8% vs TC avg
Black line = Tech Center average estimate • Based on career data from 560 resolved cases

Office Action

§102
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 2/12/2026 has been entered. Response to Amendment This action is in response to Amendments made on 2/12/2026, in which: claims 1 is amended, claims 2-7 are previously presented. Claim Objections Claim 2 is objected to because of the following informalities: Regarding claim 2, line 8 states “the further base module and the further base module”, which should be amended and corrected. 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. Claims 1-7 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Casto (US 2014/0026820). Regarding claim 1, Casto discloses a modular base (14) for an animal's cage (10), comprising: a first base module (15a) defining a first portion (left side base portion, Figs. 5-7) of the modular base (14); a second base module (15b) defining a second portion (right side base portion, Figs. 5-7) of the modular base (14); a coupling opening (open end of element 15a and 15b) made on the first base module (15a) and on the second base module (15b), configured to allow a mutual insertion ([0037] the first and second base members 15a, 15b may be coupled to one another by way of the floors 31 and 36. As shown, the floor 31 of the first base member 15a may include a leading edge 48 adjacent the open end. Similarly, the floor 36 of the second base member 15b may include a leading edge 50 adjacent the open end. In the illustrated embodiment, the leading edge 48 of the first base member 15a include first and second portions configured to cooperate with associated first and second portions of the leading edge 50 of the second base member 15b. For example, a first portion of the leading edge 50 of the second base member 15b may be configured to receive and retain an associated first portion of the leading edge 48 of the first base member 15a in a locking fashion. For example, the first portion of the leading edge 50 of the second base member 15b may include one or more recesses shaped and/or sized to receive one or more corresponding protrusions on the first portion of the leading edge 48 of the first base member 15a. Similarly, the second portion of the leading edge 48 of the first base member 15a may be configured to receive and retain an associated second portion of the leading edge 50 of the second base member 15b) of adjacent base modules (15a, 15b); constraining elements (48, 50, [0037] a first portion of the leading edge 50 of the second base member 15b may be configured to receive and retain an associated first portion of the leading edge 48 of the first base member 15a in a locking fashion. For example, the first portion of the leading edge 50 of the second base member 15b may include one or more recesses shaped and/or sized to receive one or more corresponding protrusions on the first portion of the leading edge 48 of the first base member 15a. Similarly, the second portion of the leading edge 48 of the first base member 15a may be configured to receive and retain an associated second portion of the leading edge 50 of the second base member 15b) configured to stably constrain ([0037] configured to receive and retain in a locking fashion) the first base module (15a) and the second base module (15b) once coupled by means of the coupling opening (open end of element 15a and 15b); wherein the constraining elements (48, 50, [0037] a first portion of the leading edge 50 of the second base member 15b may be configured to receive and retain an associated first portion of the leading edge 48 of the first base member 15a in a locking fashion. For example, the first portion of the leading edge 50 of the second base member 15b may include one or more recesses shaped and/or sized to receive one or more corresponding protrusions on the first portion of the leading edge 48 of the first base member 15a. Similarly, the second portion of the leading edge 48 of the first base member 15a may be configured to receive and retain an associated second portion of the leading edge 50 of the second base member 15b) comprise at least one hooking element (the protrusions of elements 48 and 50) integral to at least one of the first base module (15a) or the second base module (15b), and at least one corresponding abutment element (the recesses of elements 48 and 50) integral to the other of the at least one of the first base module (15a) or the second base module (15b), wherein the at least one abutment element (the recesses of elements 48 and 50) is counter-shaped ([0037] one or more recesses shaped and/or sized to receive one or more corresponding protrusions) to the at least one hooking element (the protrusions of elements 48 and 50) and is configured to be hooked (Fig. 6) directly by the hooking element (the protrusions of elements 48 and 50) to constrain the first base module (15a) and the second base module (15b); and a sealing element (element 54) insertable on the coupling opening (open end of element 15a and 15b) to prevent a leakage of fluid ([0041] configured to prevent materials (e.g. animal waste, food, water, etc.) from leaking from the floors 31, 36 of the base assembly 14) from the coupling opening (open end of element 15a and 15b); wherein the first base module (15a) and the second base module (15b) have a shape (floor elements 31, 36) so as to define a substantially flat support portion (31, 36) for an animal housed inside the animal's cage (10). Regarding claim 2, Casto discloses wherein at least one of the first base module (15a) and the second base module (15b) comprises: a hooking element (the protrusions of elements 48, 50, 120a and 120b) configured to hook a respective abutment element (the recesses of elements 120a and 120b) of a further base module (105); an abutment element (the recesses of elements 120a and 120b) configured to be hooked by a respective hooking element (the protrusions of elements 120a and 120b) of the further base module (105); and a coupling opening (open ends of element 105) operatively connected to at least one of a respective coupling opening (open end of elements 15a, 15b and 105) of the further base module (105) and the further base module (105), the coupling opening (open end of elements 15a, 15b and 105) being interposed between said hooking element (the protrusions of elements 48, 50, 120a and 120b) and said abutment element (the recesses of elements 48, 50, 120a and 120b). Regarding claim 3, Casto discloses wherein the constraining elements (48, 50, [0037] a first portion of the leading edge 50 of the second base member 15b may be configured to receive and retain an associated first portion of the leading edge 48 of the first base member 15a in a locking fashion. For example, the first portion of the leading edge 50 of the second base member 15b may include one or more recesses shaped and/or sized to receive one or more corresponding protrusions on the first portion of the leading edge 48 of the first base member 15a. Similarly, the second portion of the leading edge 48 of the first base member 15a may be configured to receive and retain an associated second portion of the leading edge 50 of the second base member 15b) are configured to make a bayonet-type coupling (elements 48 and 50 comprise one or more protrusions enabling connection with one or more recesses of elements 48 and 50) between the first base module (15a) and the second base module (15b). Regarding claim 4, Casto discloses wherein the constraining elements (48, 50, [0037] a first portion of the leading edge 50 of the second base member 15b may be configured to receive and retain an associated first portion of the leading edge 48 of the first base member 15a in a locking fashion. For example, the first portion of the leading edge 50 of the second base member 15b may include one or more recesses shaped and/or sized to receive one or more corresponding protrusions on the first portion of the leading edge 48 of the first base member 15a. Similarly, the second portion of the leading edge 48 of the first base member 15a may be configured to receive and retain an associated second portion of the leading edge 50 of the second base member 15b) are arranged on peripheral portions (leading edges of the open ends of elements 15a and 15b) of the first base module (15a) and the second base module (15b); and wherein the first base module (15a) and the second base module (15b) comprise: an end module (wherein elements 15a and 15b are end modules) comprising a constraining edge (leading edges of open ends of elements 15a and 15b) on which the constraining elements (48, 50, [0037] a first portion of the leading edge 50 of the second base member 15b may be configured to receive and retain an associated first portion of the leading edge 48 of the first base member 15a in a locking fashion. For example, the first portion of the leading edge 50 of the second base member 15b may include one or more recesses shaped and/or sized to receive one or more corresponding protrusions on the first portion of the leading edge 48 of the first base member 15a. Similarly, the second portion of the leading edge 48 of the first base member 15a may be configured to receive and retain an associated second portion of the leading edge 50 of the second base member 15b) are arranged; and an internal module (element 105 is an internal module) comprising a first constraining edge (first open end of element 105) and a second constraining edge (second open end of element 105) on which said constraining elements (120a, 120b) are arranged. Regarding claim 5, Casto discloses wherein the first base module (15a) and the second base module (15b) have a quadrangular shape (Figs. 4-7, 14, 17-18); and wherein the first constraining edge (first open end of element 105) and a second constraining edge (second open end of element 105) of said internal module (105) are mutually facing (Figs. 17-18). Regarding claim 6, Casto discloses comprising: a plurality of vertical walls (30a, 30b, 35a, 35b) reversibly engageable or engaged to a peripheral edge (outer edges of floor elements 31, 36) of said modular base (14) to define a containment volume (Fig. 4) adapted to house an animal (Abstract). Regarding claim 7, Casto discloses wherein each of the plurality of vertical walls (30a, 30b, 35a, 35b) has a first vertical edge (at seam element 52 on a first side, Fig. 7) and a second vertical edge (at seam element 52 on a second opposite side, Fig. 7) which are counter-shaped (via recesses and protrusions of elements 48 and 50) and mutually engageable (Fig. 7) to make a modular wall (Fig. 7) defined by the plurality of vertical walls (30a, 30b, 35a, 35b) connected in succession (Fig. 7). Response to Arguments Based on the amendments to the claims with regards to the integral nature of the hooking element and abutment element, prior art Casto (US 2014/0026820) has been reapplied in a different way. Applicant's arguments filed 2/12/2026 have been fully considered but they are not persuasive. In response to applicants argument that Casto does not teach "wherein the at least one abutment element is counter-shaped to the at least one hooking element and is configured to be hooked by the hooking element to constrain the first base module and the second base module", examiner respectfully disagrees. Prior art Casto discloses an animal housing assembly (Abstract) having a first base member (15a), second base member (15b) each having an open end (Fig. 6) with constraining elements (48 and 50) at the open ends (Fig. 6), the constraining elements having abutment and hooking elements (recesses and protrusions of elements 48 and 50) that are counter shaped to constrain ([0037] the first and second base members 15a, 15b may be coupled to one another by way of the floors 31 and 36. As shown, the floor 31 of the first base member 15a may include a leading edge 48 adjacent the open end. Similarly, the floor 36 of the second base member 15b may include a leading edge 50 adjacent the open end. In the illustrated embodiment, the leading edge 48 of the first base member 15a include first and second portions configured to cooperate with associated first and second portions of the leading edge 50 of the second base member 15b. For example, a first portion of the leading edge 50 of the second base member 15b may be configured to receive and retain an associated first portion of the leading edge 48 of the first base member 15a in a locking fashion. For example, the first portion of the leading edge 50 of the second base member 15b may include one or more recesses shaped and/or sized to receive one or more corresponding protrusions on the first portion of the leading edge 48 of the first base member 15a. Similarly, the second portion of the leading edge 48 of the first base member 15a may be configured to receive and retain an associated second portion of the leading edge 50 of the second base member 15b) the first base module (15a) and the second base module (15b). As such, the limitations of the claims are taught by Casto. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to AARON M RODZIWICZ whose telephone number is (571)272-6611. The examiner can normally be reached Monday - Friday 10 am - 6 pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached at (571) 272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /AARON M RODZIWICZ/Examiner, Art Unit 3642 /JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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Prosecution Timeline

Nov 01, 2024
Application Filed
Jul 08, 2025
Non-Final Rejection — §102
Oct 14, 2025
Response Filed
Nov 06, 2025
Final Rejection — §102
Feb 12, 2026
Request for Continued Examination
Mar 04, 2026
Response after Non-Final Action
Mar 05, 2026
Non-Final Rejection — §102 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
70%
Grant Probability
88%
With Interview (+17.5%)
2y 7m
Median Time to Grant
High
PTA Risk
Based on 560 resolved cases by this examiner. Grant probability derived from career allow rate.

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