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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in GB on June 27, 2024. It is noted, however, that applicant has not filed a certified copy of the 2409273.6 application as required by 37 CFR 1.55.
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 “blackout curtains”, “wipe-clean board and further comprising a light” 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 51a. 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.
Claim Objections
Claim 2-3, 5-6, 8-17, 19, 22, and 24-25 are objected to because of the following informalities: change “A removable veterinary” to –The removable veterinary--.
For claims 2-3, 5-6, 8-17, 19, 22, and 24-25 remove the limitation, “or each”. For example, in claim 2, “wherein the or each heating means” should be changed to --wherein the heating means--
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.
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 1, 3, and 22 (as well as dependent claims 2, 5-6, 8-17, 19, 22, and 24-25 due to dependency) are 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.
Claim 1 recites the limitation, “an animal housing” in lines 4, 6, and 8, which is vague and indefinite since it is unclear whether there are one or multiple animal enclosures required. For the purposes of examination, the examiner will interpret the limitation to be merely functional.
Claim 1 recites the limitation, “A removable veterinary environment control system for a veterinary enclosure for an animal comprising one or more of:” which is vague and indefinite since it is unclear if only one or all of the listed structures are required or not. The dependent claims further define the listed structures. However, if only the heating means, for example, is selected, then claim 3 would be optional, and so on. For the purposes of examination, the examiner will interpret the limitation as only requiring one of the listed structures of claim 1, and the dependent claims as optional limitations.
Claim 22 recites the limitation, “further comprising at least one wipe-clean board and further comprising a light”, which is vague and indefinite. It is unclear whether the light part of the removable veterinary control system or whether the light is part of the wipe-clean board.
Claim limitation “movement mechanism” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claim(s) 1-3, 5, 8-15, 17, and 24-25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weiss; Mitchell et al. (US 20240349692 A1).
Regarding claim 1 Weiss discloses a removable veterinary environment control system (32) for a veterinary enclosure (20) for an animal comprising one of: at least one heating control (Fig. 3; 40); [0029] for controlling the temperature within an animal housing.
Regarding claim 8 Weiss as shown above, discloses all of the limitations of claim 1. Weiss further discloses at least one microphone (Fig. 8; 96); [0045].
Regarding claim 15 Weiss as shown above, discloses all of the limitations of claim 1. Weiss further discloses at least one power outlet (Fig. 5; 58); [0038].
Regarding claim 17 Weiss as shown above, discloses all of the limitations of claim 1. Weiss further discloses at least one attachment member for attaching a veterinary accessory (Fig. 5; 58); [0038].
Claims 2-3, 5, 9-14, and 24-25 are optional limitations in view of the 112b above, and as not further limiting the selected limitation from claim 1.
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) 6 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weiss; Mitchell et al. (US 20240349692 A1).
Regarding claim 6 Weiss as shown above, discloses all of the limitations of claim 1. Weiss further discloses at least one speaker, but does not explicitly disclose a loudspeaker.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention, as an obvious substitution of functional equivalent, to substitute a speaker, as taught by Weiss, with a loudspeaker, in order to provide an amplified sound, and since a simple substitution of one known element for another would obtain predictable results.
Regarding claim 16 Weiss as shown above, discloses all of the limitations of claim 1. Weiss does not disclose a plastic case.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material to be plastic, in order to reduce material costs, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weiss; Mitchell et al. (US 20240349692 A1) in view of LIGAS, SR.; MICHAEL A (US 20100282419 A1).
Regarding claim 19 Weiss as shown above, discloses all of the limitations of claim 1. Weiss does not disclose a blackout curtain. Ligas teaches a blackout curtain (Fig. 4; 10, 30); [0020]
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the enclosure of Weiss to include a blackout curtain, as taught by Ligas, in order to provide a desired illumination [0002].
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Weiss; Mitchell et al. (US 20240349692 A1) in view of RUSSELL; MEGAN (US 20240009043 A1).
Regarding claim 22 Weiss as shown above, discloses all of the limitations of claim 1. Weiss does not disclose at least one wipe-clean board and further comprising a light. Russell teaches at least one wipe-clean board (Fig. 1; 100) and further comprising a light (260); (corresponding to digital clock which produces an amount of light).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the device of Weiss to include at least one wipe-clean board and further comprising a light, as taught by Russell, in order to provide more information to caregivers [0020].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art is considered pertinent because it relates to animal housing environment control devices similar to the disclosed invention.
US 20170202189 A1
US 20230129369 A1
US 20120081883 A1 (angle adjusted LED)
US 20220354067 A1
US 10709103 B1
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY LOWERY whose telephone number is (571)270-3228. The examiner can normally be reached M-F 7 am-4 pm MST.
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, Timothy Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644