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 .
Response to Arguments and Amendments
The amendments, filed August 12, 2025 have been entered. Claim 1 has been amended. Claim 7 has been cancelled. Claims 1-6 and 8 are currently pending in the application. The amendments to the claims have overcome the previous rejection under 35 U.S.C. 112(b).
Applicant argues on pages 5-6 of Applicant’s remarks that the previously cited prior art does not sufficiently disclose, teach, or suggest a wire harness as claimed. As previously noted in the rejection of claim 1, see below, the drawstring of Kim (Patent Publication No. KR 20210000787 U) is structurally and functionally the same as the claimed harness except that the claimed harness must be a wire harness. Schein (U.S. Publication No. 2022/0009674) teaches a bag with a closure that operates in a similar manner to that of the drawstring of Kim, and teaches that the closure may comprise a wire harness (paragraph 0057, where the cable 16 may be a steel wire cable). In response to applicant's argument that Schein (directed to a storage bag with a drawstring-type opening) is non-analogous art to Kim (directed to a pet bed comprising a drawstring-type mechanism), it has been held that a prior art reference must either be in the field of the inventor’s endeavor or, if not, then be reasonably pertinent to the particular problem with which the inventor was concerned, in order to be relied upon as a basis for rejection of the claimed invention. See In re Oetiker, 977 F.2d 1443, 24 USPQ2d 1443 (Fed. Cir. 1992). In this case, the drawstring-type opening of Schein concerns drawstring-type closure which operates in a near identical to the drawstring mechanism of Kim and, when pulled, is able to drive the peripheral end points of the opening to gather in the direction of the central axis, as required by the claim.
Applicant additionally argues, on page 6-7 of Applicant’s remarks, that the cited prior art of Holte (U.S. Publication No. 2005/0224000) and Kennedy (U.S. Patent No. 1,861,864) do not disclose the claimed wire harness or the toy hanger and hinge. However, neither of Holte nor Kennedy are cited for this feature. As discussed in the rejection below, Kim, Schein, and Vaillancourt (U.S. Patent No. 11,737,425) are cited for disclosing and teaching these features.
Finally, Applicant argues, on page 7 of Applicant’s remarks, that Vaillancourt does not sufficiently teach or suggest the claimed toy hanger and hinge, as the toy hanger and hinge of Vaillancourt are substantially different from the hinge of the instant application. Examiner respectfully disagrees. It is noted that the features upon which applicant relies to show the difference between the toy hanger and hinge of Vaillancourt and the toy hanger and hinge of the application (i.e. the hinge comprises a detachable hinge such as a snap button or spring buckle) are not recited in the rejected claim. 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). As Vaillancourt teaches a toy hanger and hinge as discussed in the rejection of claim 1, below, then Vaillancourt meets the claim.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 8 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to reference a claim previously set forth, as Claim 8 depends from the now cancelled Claim 7. Applicant may cancel the claim, amend the claim to place the claim in proper dependent form, rewrite the claim in independent form, or present a sufficient showing that the dependent claim complies with the statutory requirements. For examination purposes, it is assumed claim 8 was intended to depend 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.
Claims 1-2, 4-5, and 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (Patent Publication No. KR 20210000787 U) in view of Schein (U.S. Publication No. 2022/0009674) and further in view of Vaillancourt (U.S. Patent No. 11,737,425).
Regarding claim 1, Kim discloses a multifunctional enclosure cushion 10, comprising a floor mat 17, wherein the floor mat comprises an outer edge (see annotated Figure 1, below), the outer edge is connected with a pillow bag 20, and the pillow bag 20 has a parabolic cross section (Figures 3 and 4, where the cushion 20 which is inserted into pocket 13 has a parabola shape) and comprises peripheral end points (defined by the side edges of each pillow 20, Figure 4); and an envelope 13, wherein the envelope has an outer edge, an inner edge and a central axis (see annotated Figure 1, below); the inner edge is connected with the outer edge of the floor mat (see annotated Figure 1, below), the pillow bag 20 is formed with a concave shape at the position of the central axis (Figure 4); the peripheral end points are respectively fixed with a drawstring 15, and the drawstring 15 extends oppositely along the outer edge of the envelope 13 and meet at the central axis to form a pull ring 15 (see annotated Figure 1, below, and paragraph 0028, where the string 15 extends around the upper circumference of the cushion); when the pull ring 15 is pulled, the two sides of the drawstring 15 (defined by the drawstring positioned along the circumference of the cushion, approaching the pull ring from the left and right) drive the peripheral end points of the pillow bag 20 to gather in the direction of the central axis, and at this time, the pillow bag 20 simultaneously turns up along the outer edge of the floor mat 17 to form an enclosure (paragraphs 0028 and 0044 and Figures 1-2).
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Kim does not disclose the peripheral end points are respectively fixed with wire harnesses, and the wire harnesses extending oppositely along the outer edge of the envelope and meeting at the central axis to form a pull ring; when the pull ring is pulled, the two wire harnesses drive the peripheral end points of the pillow bag to gather in the direction of the central axis and wherein the floor mat further comprises a toy hanger and a hinge.
Schein teaches the peripheral end points are respectively fixed with wire harnesses 16 (paragraph 0057, where the cable 16 may be a steel wire cable, and paragraph 0072, where two cables 16 may be provided on each side of the bag 10), and the wire harnesses 16 extend oppositely along the outer edge of the envelope 14 and meet at the central axis to form a pull ring (Figure 12 and paragraph 0083, where the ends of each cable are secured together to form a loop, this loop defining a pull ring); when the pull ring is pulled, the two wire harnesses 16 drive the peripheral end points of the pillow bag 34 to gather in the direction of the central axis (paragraph 0063).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kim (directed to a drawstring cushion) with Schein (directed to a wire drawstring closure) and arrived at the peripheral end points are respectively fixed with wire harnesses, and the wire harnesses extending oppositely along the outer edge of the envelope and meeting at the central axis to form a pull ring; when the pull ring is pulled, the two wire harnesses drive the peripheral end points of the pillow bag to gather in the direction of the central axis. One of ordinary skill in the art would have been motivated to do so because the wire cable of Kim has increased strength over other drawstring cables. Moreover, doing so would merely amount to a simple substitution of one known element (the drawstring of Kim) for another (the wire drawstring of Schein) that would not provide unexpected results as the drawstrings are provided for similar purposes of gathering the ends of a fabric enclosure and Schein provides wire drawstrings as a suitable alternative to fabric or fiber cords (paragraph 0057). In this regard MPEP 2143(B) and KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) are relevant.
Vaillancourt teaches a toy hanger 42 and 48 and a hinge 46 (Figure 1 and Col. 2, line 47-Col. 3, line 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kim, as modified, (directed to a drawstring cushion) with Vaillancourt (directed to a cushion comprising attachments for toys) such that the floor mat further comprises a toy hanger and a hinge. One of ordinary skill in the art would have been motivated to do so because the toy hanger provides entertainment for a pet using the mat, while allowing the attached toys to be portable with the pet bed (Col. 3, lines 9-31).
Regarding claim 2, Kim, as modified, discloses the subject matter as discussed above with regard to claim 1. Kim, as modified, further discloses wherein the floor mat 17 is round, and the pillow bag 20 is arranged around the circumference of the floor mat 17 (see Kim, Figures 1 and 4).
Regarding claim 4, Kim, as modified, discloses the subject matter as discussed above with regard to claim 1. Kim, as modified, further discloses wherein the outer edge is connected with the pillow bag 20 by sewing, and the pillow bag 20 is connected with the adjacent pillow bag by sewing (see Kim, paragraph 0032, where the cushion is sewn into shape). It is additionally noted that the limitation “is connected…by sewing” is a product-by-process claim. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, then the prior art meets the claim. As the structure of Kim is the same as would be achieved by sewing (e.g. placing a seam between individual pockets such that the pillow bags 20 may be held in place) then Kim meets the claim. In this regard, MPEP 2113 is relevant.
Regarding claim 5, Kim, as modified, discloses the subject matter as discussed above with regard to claim 1. Kim, as modified, further discloses wherein the lateral width of the pillow bag 20 decreases towards the center of the floor mat 17 (see Kim, Figure 4).
Regarding claim 8, Kim, as modified, discloses the subject matter as discussed above with regard to claim 1. Kim, as modified, further discloses wherein the toy hanger 42 and 48 is movably connected with the floor mat by the hinge 46 (see Vaillancourt, Figure 1 and Col. 2, line 47-Col. 3, line 8).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Schein and Vaillancourt and further in view of Holte (U.S. Publication No. 2005/0224000).
Regarding claim 3, Kim, as modified, discloses the subject matter as discussed above with regard to claim 1. Kim, as modified, further discloses wherein the floor mat 17 and the pillow bag 20 are made of flexible cloth (see Kim, Figures 3-4, where pocket 13 is shown to be a flexible material to receive pillow bag 20). Kim, as modified, does not explicitly disclose the floor mat and pillow bag being filled with elastic materials.
Holte teaches the floor mat 14 and pillow bag 26 being filled with elastic materials 28 and 30 (Figure 3 and paragraphs 0027-0029, where the pet cushion comprises visco-elastic foam).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kim, as modified, (directed to a drawstring cushion) with Holte (directed to a visco-elastic cushion) and arrived at the floor mat and pillow bag being filled with elastic materials. One of ordinary skill in the art would have been motivated to do so because visco-elastic foam provides benefits such as decreasing the pressure on the bony prominences and facilitating blood flow (paragraph 0028)
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Schein and Vaillancourt and further in view of Kennedy (U.S. Patent No. 1,861,864)
Regarding claim 6, Kim, as modified, discloses the subject matter as discussed above with regard to claim 1. Kim, as modified, does not explicitly disclose wherein the wire harnesses are fixedly connected with the peripheral end points by sewing.
Kennedy teaches wherein the drawstring 12 is fixedly connected with the peripheral end points (defined by Line B-B, Figure 2, and Page 2, lines 30-33) by sewing (at point 11, Figure 3 and Page 2, lines 9-21).
It would have been obvious to one of ordinary skill in the art before the effective filing date to have modified Kim, as modified, (directed to a drawstring cushion) with Schein (directed to a drawstring closure) and arrived at the wire harnesses being fixedly connected with the peripheral end points by sewing. One of ordinary skill in the art would have been motivated to do so because the sewing of the drawstrings anchors a point of the drawstring in place to prevent the entire drawstring from moving out of the pocket, while still maintaining the ability to open and close the pocket (Page 2, lines 9-21).
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALISON N LABARGE whose telephone number is (571)272-6098. The examiner can normally be reached M-Th 6:30-4:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Justin Mikowski can be reached at 571-272-8525. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ALISON N LABARGE/Examiner, Art Unit 3673
/JUSTIN C MIKOWSKI/Supervisory Patent Examiner, Art Unit 3673