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 .
Claims 1, 5, 7, 9-10, 12-13, and 15-18 are currently pending.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 5-7, 9-10, 12-13, and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Komatsubara et al. (US 20140290589 A1), hereafter referred to as “Komatusbara,” in view of Phillips (US 6463594 B2), hereafter referred to as “Phillips.”
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Annotated Figure 1 of Komatsubara.
Regarding claim 1, Komatsubara teaches an extender (1; figs. 1-6) for securing an article around a pet (fig. 6 showing element 1 securing an article around a pet), the extender comprising:
a first fastener portion (8) located proximate a first end (11) of the extender (fig. 2), the first fastener portion located on a first side (3) of the extender (figs. 2, 5), wherein the first fastener portion comprises a hook portion of a hook and loop fastener (paragraph [0044] teaching that 8 is a hook portion);
a second fastener portion (9) located proximate a second end (12) of the extender, the second fastener portion located on a second side (2) of the extender (fig. 1), wherein the second fastener portion comprises a loop portion of the hook and loop fastener (paragraph [0044] teaching that 9 is a loop portion); and
a stretchable portion (6, at least one element 7; figs. 1-2, 6, and paragraphs [0044], [0053]-[0054]) located between the first fastener portion and the second fastener portion (see figs. 1-2 and 6), wherein the stretchable portion allows the first end of the extender to be resiliently moved away from the second end of the extender (figs. 1-2, 6, and paragraphs [0044], [0053]-[0054] showing elements 6 and 7 allow element 11 to be resiliently moved away from element 12), wherein the stretchable portion includes elastic material stitched into the extender (paragraph [0054] teaching that element 7 includes a rubber yarn),
wherein the first fastener portion is shaped to engage a first fastener of the article and the second fastener portion is shaped to engage a second fastener of the article such that a length of the article is extended by a length of the extender between the first fastener portion and the second fastener portion (elements 8 and 9 would be able to engage a first and second fastener of an article to extend the length of the article by a length of the extender),
wherein the stretchable portion is biased towards a contracted position such that when the first end and the second end are pulled away from each other, the stretchable portion resists stretching of the extender (fig. 6 showing that when element 7 is positioned around the body of the dog, element 7 creates causes folds, where element 17 locates, signifying that 7 is biased towards a contracted position and resists stretching, allowing a snug fit), and
wherein the stretchable portion is formed by forming at least a portion of a border of the extender out of the elastic material (annotated figure 1 of Komatusbara above).
However, Komatsubara does not explicitly teach wherein the second fastener portion includes a primary portion separate and spaced apart from a secondary portion, wherein the primary portion and the secondary portion each comprise the loop portion of the hook and loop fastener, and thus does not teach wherein the primary portion and the secondary portion of the second fastener portion are shaped to engage a second fastener of the article.
Phillips teaches an extender (figs. 1-3) with a second fastener portion (34 on a right side where element 32 indicates in figure 1, including 38) including a primary portion (a first element 38; fig. 1) separate and spaced apart from a secondary portion (a second element 38; fig. 1), wherein the primary portion and the secondary portion each comprise the loop portion of the hook and loop fastener (col. 3, lines 21-30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the extender of Komatsubara, such that the
second fastener portion includes a primary portion separate and spaced apart from a secondary portion, wherein the primary portion and the secondary portion each comprise the loop portion of the hook and loop fastener, as taught by Phillips, in order to further improve the adjustability and fit of the extender to various pets of different sizes and body shapes (Phillips at col. 3, lines 57-61).
The combined teachings of Komatsubara in view of Phillips would result in wherein the primary portion and the secondary portion of the second fastener portion are shaped to engage a second fastener of the article.
Regarding claim 5, Komatsubara as modified by Phillips teaches the extender of claim 1, and Komatsubara further teaches wherein the stretchable portion (6, 7) comprises an elastic material (paragraph [0054]) located proximate to a center of the extender (figs. 1-2 showing elements 6 located proximate to a center of 1).
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Annotated Figure 1 of Komatsubara.
Regarding claim 6, Komatsubara as modified by Phillips teaches the extender of claim 1, and Komatsubara further teaches a border (see annotated fig. 1 of Komatsubara above) located around an edge of the extender (annotated fig. 1).
Regarding claim 7, Komatsubara as modified by Phillips teaches the extender of claim 6, and Komatsubara further teaches wherein the stretchable portion (6, 7) is located along at least a lengthwise portion of the border (see annotated fig. 1 of Komatsubara above).
Regarding claim 9, Komatsubara as modified by Phillips teaches the extender of claim 1, and Komatsubara further teaches wherein the elastic material of the stretchable portion (6, 7) comprises a pair of strips of elastic material (paragraph [0054] and figs. 1-2) located along a center of the extender (figs. 1-2 showing elements 6 and 7 located along a center of 1).
Regarding claim 17, Komatsubara as modified by Phillips teaches the extender of claim 1, and Komatsubara further teaches that the border (annotated figure 1 above) extends around an outside edge of the extender (annotated figure 1), wherein the border is formed of a stitched edge located around the extender (annotated figure 1 and paragraph [0054]).
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Annotated Figure 2 of Komatsubara.
Regarding claim 10, Komatsubara teaches an extender (1; figs. 1-6) for securing an article around a pet (fig. 6 showing element 1 securing an article around a pet), the extender comprising:
a first fastener portion (8) located proximate a first end (11) of the extender (fig. 2), the first fastener portion located on a first side (3) of the extender (figs. 2, 5) and comprising a hook portion of a hook and loop fastener (paragraph [0044] teaching that 8 is a hook portion);
a second fastener portion (9) located proximate a second end (12) of the extender (fig. 1), the second fastener portion located on a second side (2) of the extender (fig. 1), wherein the second fastener portion comprises a loop portion of a hook and loop fastener (paragraph [0044] teaching that 9 is a loop portion); and
a stretchable portion (6, at least one element 7; figs. 1-2, 6, and paragraphs [0044], [0053]-[0054]) located between the first fastener portion and the second fastener portion (see figs. 1-2 and 6), wherein the stretchable portion allows the first end of the extender to be resiliently moved away from the second end of the extender (figs. 1-2, 6, and paragraphs [0044], [0053]-[0054] showing elements 6 and 7 allow element 11 to be resiliently moved away from element 12), wherein the stretchable portion includes elastic material stitched into the extender (paragraph [0054] teaching that element 7 includes a rubber yarn),
wherein the first fastener portion is shaped to engage a loop portion of a fastener of the article and the second fastener portion is shaped to engage a hook portion of a fastener of the article such that a length of the article is extended by a length of the extender between the first fastener portion and the second fastener portion (elements 8 and 9 would be able to engage a first and second fastener of an article to extend the length of the article by a length of the extender),
wherein the stretchable portion is biased towards a contracted position such that when the first end and the second end are pulled away from each other, the stretchable portion resists stretching of the extender (fig. 6 showing that when element 7 is positioned around the body of the dog, element 7 creates causes folds, where element 17 locates, signifying that 7 is biased towards a contracted position and resists stretching, allowing a snug fit), and
wherein the stretchable portion is formed by forming at least a portion of a border of the extender out of the elastic material (annotated figure 1 of Komatusbara above).
However, Komatsubara does not explicitly teach wherein the second fastener portion includes a primary portion separate and spaced apart from a secondary portion, wherein the primary portion and the secondary portion each comprises the loop portion of a hook and loop fastener, and thus does not explicitly teach that the primary portion and the secondary portion of the second fastener portion are shaped to engage a hook portion of a fastener of the article.
Phillips teaches an extender (figs. 1-3) with a second fastener portion (34 on a right side where element 32 indicates in figure 1, including 38) including a primary portion (a first element 38; fig. 1) separate and spaced apart from a secondary portion (a second element 38; fig. 1), wherein the primary portion and the secondary portion each comprise the loop portion of the hook and loop fastener (col. 3, lines 21-30).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the extender of Komatsubara, such that the
second fastener portion includes a primary portion separate and spaced apart from a secondary portion, wherein the primary portion and the secondary portion each comprise the loop portion of the hook and loop fastener, as taught by Phillips, in order to further improve the adjustability and fit of the extender to various pets of different sizes and body shapes (Phillips at col. 3, lines 57-61).
The combined teachings of Komatsubara in view of Phillips would result in wherein the primary portion and the secondary portion of the second fastener portion are shaped to engage a hook portion of a fastener of the article.
Regarding claim 12, Komatsubara as modified by Phillips teaches the extender of claim 10, and Komatsubara further teaches wherein the elastic material (6, 7; fig. [0054]) is located proximate to a center of the extender (figs. 1-2 showing elements 6 located proximate to a center of 1).
Regarding claim 13, Komatsubara as modified by Phillips teaches the extender of claim 10, and Komatsubara further teaches wherein the stretchable portion (6, 7) is located along at least a lengthwise portion of the border (see annotated fig. 1 of Komatsubara above) of the extender (annotated fig. 1).
Regarding claim 15, Komatsubara as modified by Phillips teaches the extender of claim 7, and Komatsubara further teaches wherein the elastic material (6, 7) is stitched into the border of the extender (paragraph [0054] and see annotated fig. 1 of Komatsubara above).
Regarding claim 16, Komatsubara as modified by Phillips teaches the extender of claim 13, and Komatsubara further teaches wherein the elastic material (6, 7) is stitched into the border of the extender (paragraph [0054] and see annotated fig. 1 of Komatsubara above).
Regarding claim 18, Komatsubara as modified by Phillips teaches the extender of claim 10, and Komatsubara further teaches that the border (annotated figure 1 above) extends around an outside edge of the extender (annotated figure 1), wherein the border is formed of a stitched edge located around the extender (annotated figure 1 and paragraph [0054]).
Response to Arguments
Applicant's arguments filed 12/29/2025 have been fully considered but they are not persuasive.
Applicant argues, on page 3 of the Remarks, that Komatsubara in view of Phillips does not teach the amended limitation, “wherein the stretchable portion is biased towards a contracted position such that when the first end and the second end are pulled away from each other, the stretchable portion resists stretching of the extender, and wherein the stretchable portion is formed by forming at least a portion of a border of the extender out of the elastic material,” further stating “Komatsubara’s elastic members are positioned along the side portions for fit purposes, not to provide resistance when the ends of the extender are pulled apart from each other.”
The examiner respectfully disagrees. Komatsubara, at figure 6, shows that when the device is fitted around the waist of a dog, element 7 forms folds, shown at 17, which clearly shows that the elastic is biased towards a contracted position. The contracted position of the elastic is what allows the device to both stretch around the waist of the dog and to allow the device to be fitted around the dog to mitigate leakage. As further shown in the rejection above, annotated figure 1 shows that the elastic is formed as a part of the border of the device.
Applicant argues, on pages 4-5 of the Remarks, that Komatsubara in view of Phillips does not teach “wherein the border extends around an outside edge of the extender, wherein the border is formed of a stitched edge located around the extender”.
The examiner respectfully disagrees. As shown in annotated figure 1 above and paragraph [0054], there exists stitching, at least one element 7, located around at least a portion the device. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the stitching joining a multi-layer construction including a top sheet, back surface layer, and absorbent core) are not recited in the rejected claims. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims. For example, see CA 2153519 A1, US 20070129702 A1, and US 20120174875 A1 teaching similar inventions with borders formed of a stitched edge located around the device to join a multi-layered construction.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessica Byun whose telephone number is (571) 272-3212. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached on (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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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643
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