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 § 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.
(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) 1-4 and 6-9 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Ondrasik (US Patent 4,762, 085). Ondrasik teaches a collapsible wire cage which is structurally similar to the Applicant’s claimed pet carrier.
Regarding claim 1, Ondrasik teaches a main body 10, a first frame 16 configured to pivot between an unfolder position and a folded position relative to the main body. A second frame 18 foldable and is attached to the main body 10. A locking device 76 is provided and locks the first frame in the unfolded position or the folded position.
Regarding claim 2, the first state is an unfolded state, see figure 1 of the pet carrier.
Regarding claim 3, the second state is a folded state, see figure 4 of the pet carrier.
Regarding claim 4, the main body 10 is provided with a groove 86 that is configured to receive the locking device 76 therein.
As for claim 6, the first retaining member 98 is configured to retain the locking device 76 in the locked position.
Regarding claim 7, the first fastening device 144 is configured to lock the locking device in the unfolded position.
Regarding claim 8, the first fastening device 144 is released via a force applied by the touch member or distal end of the first fastening device 144.
Regarding claim 9, a second fastening device is provided.
Allowable Subject Matter
Claim 5 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD T. PRICE JR whose telephone number is (571)272-6892. The examiner can normally be reached Monday-Friday 7AM-3:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M. Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RICHARD T PRICE JR/Primary Examiner, Art Unit 3643
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