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 .
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 12-13, 16-18 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.
Regarding claim 12, lines 1-2 state “at least partially” which is indefinite as it is unclear to what degree the top wall extends over the bin holding region. Applicant should amend to clearly and distinctly point out the limitations of the claim. Claim 17 is rejected in the same manner.
Claim 16 recites the limitation "the first airflow opening arrangement" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation "the second airflow opening arrangement" in line 6. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-4, 6-12, 14-17, 19, 21-30 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (KR 2022008997).
Regarding claims 1, 22-23, Lee discloses a system for keeping live insects or animals; the system comprising: (a) a shelf assembly (1) having at least a bottom wall (9) and a rear wall (19); (i) the bottom wall (9) having opposite interior (bottom wall element 9 interior of element 1) and exterior bottom wall (bottom wall element 9 exterior of element 1) surfaces and an outer perimeter (outer perimeter of element 9) with a rear face (element 9 at connection of element 19); (ii) the rear wall (19) being mounted to extend upwardly from the rear face (element 9 at connection of element 19) of the bottom wall (9); the rear wall (19) having opposite interior (rear wall element 19 interior of element 1) and exterior rear wall (rear wall element 19 exterior of element 1) surfaces; (b) an airflow plenum (behind element 3 at rear wall element 19) along the interior rear wall surface (rear wall element 19 interior of element 1); the plenum (behind element 3 at rear wall element 19) having an airflow opening arrangement (the open area between element 3 and 19); and(c) a powered fan (21, 25) in airflow communication with the plenum (behind element 3 at rear wall element 19).
Regarding claim 2, Lee discloses further including a plurality of support members (legs under element 9, Fig. 4) holding the bottom wall (9) away from a ground surface (ground).
Regarding claim 3, Lee discloses wherein: (a) the plenum (behind element 3 at rear wall element 19) is mounted against (the plenum extends from bottom wall to top wall between element 3 and 19) the interior bottom wall surface (bottom wall element 9 interior of element 1); (b) the bottom wall (9) includes a fan-holding region (the open area behind element 11, Fig. 4); (i) the fan-holding region (the open area behind element 11, Fig. 4) being within the plenum (behind element 3 at rear wall element 19); and (c) the powered fan (21, 25) is held within the fan-holding region (the open area behind element 11, Fig. 4).
Regarding claim 4, Lee discloses wherein the support members are legs (legs under element 9, Fig. 4).
Regarding claim 6, Lee discloses wherein: (a) the outer perimeter (outer perimeter of element 9) of the bottom wall (9) having a front face (element 9 at connection of element 5) opposite of the rear face (element 9 at connection of element 19), and first and second side faces (left and right sides of element 1) extending between the front face (element 9 at connection of element 5) and rear face (element 9 at connection of element 19); (b) the shelf assembly (3) further includes a first side wall (left side wall of element 3) and a second side wall (right side wall of element 3); (i) the first side wall (left side wall of element 3) being along the first side face (left side of element 1) of the bottom wall (9); and (ii) the second side wall (right side wall of element 3) being along the second side face (ride side of element 1) of the bottom wall (9).
Regarding claim 7, Lee discloses further including a slidable panel (11, Fig. 2) mounted to slide over the bottom wall (9) and away from the rear wall (19).
Regarding claim 8, Lee discloses further including a portable first bin (B); the first bin (B) including an access opening (5) and a vent opening (open top of element B); the first bin (B) being positionable in the shelf assembly (3) with the vent opening (open top of element B) in communication with the airflow opening arrangement (the open area between element 3 and 19) of the plenum (behind element 3 at rear wall element 19).
Regarding claim 9, Lee discloses wherein: (a) the shelf assembly (3) further includes a first shelf member (one of the horizontal rails holding element B, Fig 2) mounted against the interior rear wall surface (rear wall element 19 interior of element 1), and spaced above the interior bottom wall surface (bottom wall element 9 interior of element 1) a sufficient distance to accommodate a bin (B) between the first shelf member (one of the horizontal rails holding element B, Fig 2) and bottom wall (9); and (b) the shelf assembly (3) defines a lower bin holding region (lower half of the interior of element 1) between the first shelf member (one of the horizontal rails holding element B, Fig 2) and bottom wall (9); and an upper bin holding region (upper half of the interior of element 1) above the first shelf member (one of the horizontal rails holding element B, Fig 2).
Regarding claim 10, Lee discloses wherein:(a) the plenum (behind element 3 at rear wall element 19) extends along the interior rear wall surface (rear wall element 19 interior of element 1) to extend beyond the first shelf member (one of the horizontal rails holding element B, Fig 2) into the upper bin holding region (upper half of the interior of element 1); and (b) the airflow opening arrangement (the open area between element 3 and 19) in the plenum (behind element 3 at rear wall element 19) includes at least a lower opening (the open area between element 3 and 19 in the lower half of element 1) in the lower bin holding region (lower half of the interior of element 1), and an upper opening (the open area between element 3 and 19 in the upper half of element 1) in the upper bin holding region (upper half of the interior of element 1).
Regarding claim 11, Lee discloses further including a portable second bin (B); the second bin (B) including an access opening (5) and a vent opening (open top of element B); the second bin (B) being positionable in the upper bin holding region (upper half of the interior of element 1) with the vent opening (open top of element B) of the second bin (B) in communication with the upper opening(the open area between element 3 and 19 in the upper half of element 1) of the plenum (behind element 3 at rear wall element 19).
Regarding claim 12, Lee discloses wherein the shelf system (3) further includes a top wall (top wall of element 1) extending at least partially over the upper bin holding region (upper half of the interior of element 1).
Regarding claim 14, Lee discloses wherein the shelf assembly (3) defines a double bin holding region (Fig. 2) along the bottom wall (9) and between the first side wall (left side wall of element 1) and second side wall (right side wall of element 1); the double bin holding region (Fig. 2) being sized to accommodate a portable first bin (B) and a portable second bin (B).
Regarding claim 15, Lee discloses wherein the airflow opening arrangement in the plenum (behind element 3 at rear wall element 19) includes at least a first opening (opening in fan element 25 on the left side) and a second opening (opening in fan element 25 on the right side); the first opening (opening in fan element 25 on the left side) and second opening (opening in fan element 25 on the right side) being spaced laterally apart (Fig. 2); the first opening (opening in fan element 25 on the left side) positioned to be in communication with the portable first bin (B), and the second opening (opening in fan element 25 on the right side) positioned to be in communication with the portable second bin (B).
Regarding claim 16, Lee discloses further including: (a) the portable first bin (B) including an access opening (5) and a vent opening (open top of element B) positioned to be in communication with the first airflow opening arrangement (opening in fan element 25 on the left side) of the plenum (behind element 3 at rear wall element 19); and (b) the portable second bin (B) including an access opening (5) and a vent opening (open top of element B) positioned to be in communication with the second airflow opening arrangement (opening in fan element 25 on the right side) of the plenum (behind element 3 at rear wall element 19).
Regarding claim 17, Lee discloses wherein the shelf system (3) further includes a top wall (top wall of element 1) extending at least partially over the double bin holding region (Fig. 2).
Regarding claim 19, Lee discloses further including a bag holder (the upper end frame portion of element 3 that extends above element B, Fig. 2) secured to the shelf system (3).
Regarding claims 21, 25, Lee discloses wherein the shelf assembly (3) includes projecting tabs (the tabs extending inward from the horizontal frames that hold each of the bins in place, Fig. 2) to aid in positioning the first bin (B) with the vent opening (open top of element B) in communication with the airflow opening arrangement (the open area between element 3 and 19) of the plenum (behind element 3 at rear wall element 19).
Regarding claim 24, Lee discloses further including: positioning a portable first bin (B) having a vent opening (open top of element B) in the shelf assembly (3) with the vent opening (open top of element B) in communication with the airflow opening arrangement (the open area between element 3 and 19) of the plenum (behind element 3 at rear wall element 19).
Regarding claim 26, Lee discloses wherein:(a) the shelf assembly (3) further includes a first shelf member (one of the horizontal rails holding element B, Fig 2) mounted against the interior rear wall surface (rear wall element 19 interior of element 1), and spaced above the interior bottom wall surface (bottom wall element 9 interior of element 1) a sufficient distance to accommodate a bin (B) between the first shelf member (one of the horizontal rails holding element B, Fig 2) and bottom wall (9); (b) the shelf assembly (3) defines a lower bin holding region (lower half of the interior of element 1) between the first shelf member (one of the horizontal rails holding element B, Fig 2) and bottom wall (9); and an upper bin holding region (upper half of the interior of element 1) above the first shelf member (one of the horizontal rails holding element B, Fig 2); (c) the plenum (behind element 3 at rear wall element 19) extends along the interior rear wall surface (rear wall element 19 interior of element 1) to extend beyond the first shelf member (one of the horizontal rails holding element B, Fig 2) into the upper bin holding region (upper half of the interior of element 1); and (d) the airflow opening arrangement (the open area between element 3 and 19) in the plenum (behind element 3 at rear wall element 19) includes at least a lower opening (the open area between element 3 and 19 in the lower half of element 1) in the lower bin holding region (lower half of the interior of element 1), and an upper opening (the open area between element 3 and 19 in the upper half of element 1) in the upper bin holding region (upper half of the interior of element 1).
Regarding claim 27, Lee discloses further including providing a portable second bin (B); the second bin (B) including a vent opening (open top of element B); the second bin (B) being positionable in the upper bin holding region (upper half of the interior of element 1) with the vent opening (open top of element (B) of the second bin (B) in communication with the upper opening (the open area between element 3 and 19 in the upper half of element 1) in of the plenum (behind element 3 at rear wall element 19).
Regarding claim 28, Lee discloses wherein the shelf assembly (3) defines a double bin holding region (Fig. 2) along the bottom wall (9) and between the first side wall (left side wall of element 1) and second side wall (right side wall of element 1); and positioning a portable first bin (B) and a portable second bin (B) in the double bin holding region (Fig. 2).
Regarding claim 29, Lee discloses wherein the airflow opening arrangement in the plenum (behind element 3 at rear wall element 19) includes at least a first opening (opening in fan element 25 on the left side) and a second opening (opening in fan element 25 on the right side); the first opening (opening in fan element 25 on the left side) and second opening (opening in fan element 25 on the right side) being spaced laterally apart (Fig. 2); the first opening (opening in fan element 25 on the left side) positioned to be in communication with the portable first bin (B), and the second opening (opening in fan element 25 on the right side) positioned to be in communication with the portable second bin (B).
Regarding claim 30, Lee discloses further including putting insects (Title) in the portable first bin (B) and portable second bin (B).
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 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 2022008997) in view of Takazato (WO2023042404).
Regarding claim 5, Lee discloses the invention substantially as set forth above, but does not expressly disclose wherein the support members are casters.
However, Takazato discloses a similar device (31) with the support members being casters (31c).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Lee, by making the support members casters, as taught by Takazato, for the purpose of moving the device manually to any desired position.
Claims 13, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 2022008997) in view of Murray (US 20180244293).
Regarding claims 13, 18, Lee discloses the invention substantially as set forth above, but does not expressly disclose further including a peg board back extending from the rear wall and above the top wall.
However, Murray discloses a similar structure (10) including a peg board back (82) extending from the rear wall (92, 94) and above the top wall (7a). (Fig. 1)
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Lee, by adding a peg board to the upper portion of the device, as taught by Murray, for the purpose of hanging packages and other necessary equipment.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR 2022008997) in view of De Gelder (WO 2022119443).
Regarding claim 20, Lee discloses the invention substantially as set forth above, and further discloses wherein the first bin (B) includes a holding section (interior of element B) defining an interior (interior of element B) and a transparent lid (6) moveably attached (via elements 3 and 5) to the holding section (interior of element B), but does not expressly disclose the first bin having a plurality of vent openings in the holding section.
However, De Gelder discloses a similar bin structure (4) having a plurality of vent openings (48, 48) in the holding section (interior of element 4).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention/application, to modify Lee, by adding a plurality of vent openings to the bin, as taught by De Gelder, for the purpose providing an airflow path through the bin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Examiner lists referenced documents on PTO-892 because the references present other/alternative or conceptual designs similar in scope that illustrate relevant features, which may demonstrate the level of novelty in comparison to Applicant’s inventive submission. The record relates to Applicant’s identified material and Examiner’s discovered references concerning Applicant’s subject matter relevant for a patentability determination.
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