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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
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 limiting member (10) is installed on the base (1) when the cage body is folded of claim 7 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 Objections
The claims are objected to because of the following informalities: Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. Appropriate correction is required.
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.
Claims 7-8 are rejected under 35 U.S.C. 112(b) 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.
The phrase “the cage body” in claim 7 lacks antecedent basis.
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) 1-6 is/are rejected under 35 U.S.C. 102(a)(1&2) as being anticipated by Richmond US 5669331.
Regarding claim 1, Richmond discloses an animal cage, comprising
a base (1) [14 of figure 3] and
an upper cover (2) [12 of figure 3],
wherein a front side panel, a rear side panel, a left side panel (3) and a right side panel (4) are arranged between the base (1) and the upper cover (2) [as shown in figure 12 and other figures];
the front side panel comprises a first side panel (5) and a second side panel (6) [16 and 18 of figure 5],
an upper end of the first side panel (5) is movably connected to the upper cover (2), a lower end of the first side panel (5) is movably connected to an upper end of the second side panel (6), and a lower end of the second side panel (6) is movably connected to the base (1) [shown between figures 6-7];
the rear side panel comprises a third side panel (7) and a fourth side panel (8), an upper end of the third side panel (7) is movably connected to the upper cover (2), a lower end of the third side panel (7) is movably connected to an upper end of the fourth side panel (8), and a lower end of the fourth side panel (8) is movably connected to the base (1) [shown between figures 6-7];
upper ends of the left side panel (3) and the right side panel (4) are respectively movably connected to the upper cover (2) [shown via “movement lines” in figures 3-5], and
lower ends of the left side panel (3) and the right side panel (4) are detachably connected to the front side panel and the rear side panel through connecting pieces (9) [42 shown in figures 3, 5, and 11-11A];
the front side panel, the rear side panel, the left side panel (3) and the right side panel (4) can all be folded inwards [figures 1-7].
Regarding claim 2, Richmond discloses the animal cage according to claim 1, wherein
the upper cover (2) comprises upper cover body (200), the edge of the upper cover body (200) is provided with an upper baffle (201) extending from top to bottom, inner side surfaces of the upper baffle (201) and a lower surface of the upper cover body (200) enclose and form a second accommodating space [between 12 and 27 in figures 6-7];
the base (1) comprises a base body (100), the edge of the base body (100) is provided with a lower baffle (101) extending from bottom to top, inner side surfaces of the lower baffle (101) and an upper surface of the base body (100) enclose and form a first accommodating space [between 29 and 14 in figures 6-7];
the front side panel, the rear side panel, the left side panel (3) and the right side panel (4) are all arranged on the inner sides of the upper baffle (201) and the lower baffle (101) [figure 7];
when a cage body of the animal cage is folded, the left side panel (3) and the right side panel (4) are turned over and folded into the second accommodating space, and the front side panel and the rear side panel are folded between the upper cover (2) and the base (1) and stored in an accommodating space below the left side panel (3) and the right side panel (4) [figure 7].
Regarding claim 3, Richmond discloses the animal cage according to claim 2, wherein a door opening for animals to enter and exit is provided on the right side panel (4), the door opening is provided with a cage door (11) rotatably connected to the right side panel (4), and the cage door (11) is provided with a door lock (14) [50/56 of figures 12-13].
Regarding claim 4, Richmond discloses the animal cage according to claim 3, wherein the upper cover (2) is provided with a handle (22) [30 of figure 12].
Regarding claim 5, Richmond discloses the animal cage according to claim 1, wherein front and rear sides of the upper cover (2) are provided with lock buckles (21), and the base (1) is provided with lock buckle fixing portions (12) at positions corresponding to the lock buckles (21) [60 of figures 1-2 and 9-9A].
Regarding claim 6, Richmond discloses the animal cage according to claim 1, wherein the connecting piece (9) is a latch [as previously described] or a button-type automatic spring latch lock.
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) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richmond in view of Simpson US 20050229866.
Regarding claim 7, Richmond teaches the animal cage according to claim 1, but does not specify wherein the animal cage further comprises a limiting member (10); the limiting member (10) is installed on the base (1) when the cage body is folded, and installed at junctions of the first side panel (5) and the second side panel (6) overlapping the left side panel (3) and the right side panel (4) when the cage body is unfolded, and at junctions of the third side panel (7) and the fourth side panel (8) overlapping the left side panel (3) and the right side panel (4).
Simpson; however, teaches removable locking pin members [figures 8A-8B]. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such types of locking connectors, in order to meet design preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 8, the references teach the animal cage according to claim 7, wherein the limiting member (10) is a limiting bolt [see previous rejection] or an angle iron.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Richmond in view of Axelrod US 20050145192.
Regarding claim 9, Richmond teaches the animal cage according to claim 1, but does not specify wherein all or some of the base (1), upper cover (2), left side panel (3), right side panel (4), front side panel and rear side panel comprise an inner layer panel and an outer layer panel, with a hollow layer formed between the inner layer panel and the outer layer panel.
Axelrod; however, teaches optional hollow construction [paragraph 0084]. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such types of panels, in order to meet design preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JESSICA WONG whose telephone number is (571)272-7889. The examiner can normally be reached Monday through Friday from 8:00am to 4:30pm MST.
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/JESSICA B WONG/Primary Examiner, Art Unit 3644