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 § 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 1,3,8-11,14-15,20-22 and 25-26 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.
For claims 1 & 14, the added limitation of “the outer layers of the paw digits” is unclear because it appears from part. B of both claims that the paw digits have multiple layers including an inner layer and an outer layer but there is no mention of outer layers (plurality). While applicant stated multiple layers, applicant defined the multiple layers as having one inner layer and one outer layer and not a plurality of each. Thus, the added limitation is unclear.
All other claims depending on claims 1 & 14 are also rejected the same.
Claim Rejections - 35 USC § 103
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 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 1,3,4,7,9-11,14-16,19,21,22,25,26 are rejected under 35 U.S.C. 103 as being unpatentable over Ferretti (WO 2014071462 A1) in view of Bobko et al. (US 20160143250 A1), and Zeitler (US 8448610 B1).
For claim 1, Ferretti teaches a dog boot comprising:
a. a boot cover (see figures, self-explanatory), the cover including an upper tubular section, wherein the upper tubular section includes one or more slits (where the zipper 25 is located), the slit extending from a top opening of the upper tubular section downward to divide the tubular section into two upper half sections for a dog's paw to slide into the boot easily, and a zipper functioning as a fastening means (25) to secure the two upper half sections for wrapping around a leg of the dog, wherein the zipper is shielded by a waterproof cloth (the flap 28, which is made of the same waterproof material of the whole boot as stated on page 13, number 18);
b. a plurality of paw digits (fig. 1, where refs. 27,30 are pointing at) configured to receive each of dog toes, wherein each of the paw digits is coupled to the boot cover separately, the paw digits being not adjoining with one another along their sides so that the paw digits are movable relative to one another (fig. 1, split by canyons 33), and wherein a front of each of the paw digits is open for a toe nail of the dog to protrude (openings 27a-d); and
c. a sole (fig. 3, the five sections sole), the sole including a sole layer (54-57) and multiple paw grip pads (38-42), each of the paw grip pads being attached to a bottom location of the sole layer separately (as shown in fig. 3), wherein the sole layer is coupled to the boot cover and to the paw digits, forming a paw receiving space between the boot cover and the sole layer and between each of the paw digits and the sole layer, the paw receiving space is configured to form-fit the dog's paw, and the sole layer is curved (fig. 5 shows the bottom or sole being curved to contour to the paw print; also, page 11 states: “This feature allows these embodiments of the device of the Invention to directly engage with the underside anatomy of the paw facilitating a form-fitting gradient compression of the digits, under-paw, upper-paw and leg.”, and “This unique feature supports natural mobility of individual paw pads In their need to curl, spread, grip and bend. In allowing a sole to conform to surface ground, the device of the invention offers superior gripping to contact surface when traveling on uneven ground.”) such that the sole is configured to coordinate with bottom of a dog's paw, and wherein the paw grip pads include a plurality of digital paw grip pads (38-41) and a metacarpal paw grip pad (42).
However, Ferretti is silent about the paw digit comprises multiple layers, the layers including an inner layer and an outer layer; wherein the sole layer comprise multiple layers, the layers including an inner layer and an outer layer; and the fastening means is shielded by a waterproof cloth to protect the fastener means against external environment.
Bobko et al. teach a dog boot comprising a sole layer having multiple layers, the layers including an inner layer and an outer layer (para. 0087-0088). In addition, Bobko et al. teach layers concept for the bottom of the boot, which also include the tread per para. 0095-0097. The tread can be correlated to paw digit, for both provide traction for the boot. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the sole layer of Ferretti be made with multiple layers, the layers including an inner layer and an outer layer as taught by Bobko et al., depending on the degree of cushioning for shock absorbing (per Bobko’s teaching). In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the paw digit of Ferretti as modified by Bobko et al. be comprised multiple layers, the layers including an inner layer and an outer layer as taught by Bobko et al., depending on the degree of cushioning for shock absorbing (per Bobko’s teaching).
The combination of Ferretti as modified by Bobko et al. would result in “wherein the outer layer of the sole layer and the outer layers of the paw digits are coupled into an integral one outer layer” because since there are multiples layers as relied on with Bobko et al.’s teaching, the outermost layer of the sole layer and the outermost layer(s) of the paw digits will be coupled together and be considered as an integral one outer layer.
Zeitler teaches a dog boot comprising a fastening means (30) is shielded by a waterproof cloth (38) to protect the fastener means against external environment. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a waterproof cloth as taught by Zeitler over the fastening means of Ferretti as modified by Bobko et al. in order to protect the fastener means from damage.
For claim 3, Ferretti as modified by Bobko et al. and Zeitler teaches the dog boot of claim 1, and further teaches wherein each of the paw digits has a corresponding paw grip pad attached directly underneath thereof (as shown in fig. 3 of Ferretti), and wherein the metacarpal paw grip pad is attached underneath bottom of a heel of the boot (as shown in fig. 3 of Ferretti).
For claim 4, Ferretti as modified by Bobko et al. and Zeitler teaches the dog boot of claim 1, and further teaches wherein the paw grip pads have a rugged bottom (fig. 3 and page 15 of Ferretti, the pads have textured gripping or abrasive surfaces).
For claim 7, Ferretti as modified by Bobko et al. and Zeitler teaches the dog boot of claim 6, and further teaches wherein the boot cover is made of a flexible cloth or fibrous material (page 10 of Ferreti states: “It is fabricated from breathable elastomeric materials treated with a DWR (Durable Water Repellent) coating. Similarly, materials such as Polar Tee Power Stretch - neo shell may be used.”), the inner layer of the sole layer is made of a flexible cloth or fibrous material (page 11 of Ferreti states: “In some embodiments, the device of the invention introduces a "5 STAR SEAM". The "5 STAR SEAM" is an Elastic net mirroring the underside canyons of the paw in design, sleeved onto internal boot sole fabric and brought to automatically engage with said canyons when boot is closed.”).
However, Ferretti as modified by Bobko et al. and Zeitler is silent about the inner layers of the paw digits are made of a flexible cloth or fibrous material. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the inner layers of the paw digits of Ferretti as modified by Bobko et al. and Zeitler be made of a flexible cloth or fibrous material, 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 choice. In re Leshin, 125 USPQ 416.
For claim 9, Ferretti as modified by Bobko et al. and Zeitler teaches the dog boot of claim 5, and further teaches the materials for the outer layer of the sole layer and for the outer layers of the paw digits are waterproof (page 10,11 of Ferreti teaches waterproof and the layers in Bobko et al. are resin which is waterproof).
For claim 10, Ferretti as modified by Bobko et al. and Zeitler teaches the dog boot of claim 6, wherein the outer layer of the sole layer and the outer layers of the paw digits are made into an integral outer layer (the layers of Ferretti as modified by Bobko et al. and Zeitler are coupled together to form one integral unit of outer layer).
For claim 11, Ferretti as modified by Bobko et al. and Zeitler teaches the dog boot of claim 1, and further teaches wherein the paw grip pads are made of a rubbery material (page 15 of Ferretti states: “Five Gripping pads 38,39,40,41,42 that are to be made of a flexible hard wearing and, resilient 1 mm textured gripping rubber. This rubber would need to offer the quality of resilient wear on abrasive outdoor surfaces while gripping to slippery surfaces, furthermore thin and flexible not to inhibit the formfitting embodiment of the digits.”), the rubbery material being selected from a group including nitrile rubber, natural rubber, synthetic rubber, bicycle tire materials, and industrial tire materials.
For claims 14-16,19,21,22, the limitations have been explained in the above, thus, please see above.
For claim 25, Ferretti as modified by Bobko et al. and Zeitler teaches the animal boot of Claim 14, wherein the fastening means is selected from zipper (25 of Ferretti), hook, or a sticky back and loop fastener (VELCRO®).
For claim 26, Ferretti as modified by Bobko et al. and Zeitler teaches the animal boot of Claim 14, wherein the outer layer of the sole layer and the outer layers of the paw digits are made into an integral outer layer (the layers of Ferretti as modified by Bobko et al. and Zeitler are coupled together to form one integral unit of outer layer).
Claims 8 & 20 are rejected under 35 U.S.C. 103 as being unpatentable over Ferretti as modified by Bobko et al. and Zeitler as applied to claims 1 & 14 above, and further in view of Taylor (US 4744333 A).
For claim 8, Ferretti as modified by Bobko et al. and Zeitler teaches the dog boot of claim 6, but is silent about wherein the boot cover, the inner layer of the sole layer, and the inner layers of the paw digits are an integral piece of knitted yarns.
Taylor teaches a dog boot made out of an integral piece of knitted yarns (col. 2, line 14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the boot cover, the inner layer of the sole layer, and the inner layers of the paw digits of the boot of Ferretti as modified by Bobko et al. and Zeitler be an integral piece of knitted yarns as taught by Taylor, 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 choice. In re Leshin, 125 USPQ 416.
For claim 20, the limitation has been explained in the above claim 8, thus, please see above.
Response to Arguments
Applicant's arguments filed 11/27/2025 have been fully considered but they are not persuasive. Applicant argued the following:
However, Ferretti neither teaches the paw digit comprising multiple layers, the layers including an inner layer and an outer layer, nor teaches the sole layer comprising multiple layers, the layers including an inner layer and an outer layer.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). It is clear from the rejection that the examiner stated that Ferretti is silent about the paw digits comprising multiple layers, and the sole layer comprising multiple layers because Bobko et al. were relied on for these features. Thus, applicant’s argument against Ferretti, alone, is not relevant to what Ferretti was relied on for in the rejection.
Examiner states that Bobko et al (US20160143250Al) teaches… However, the sole of elastomer has only one piece of silicone material without a clear interface between the two layers. In other words, the two layers of the elastomer are inseparable, which are combined into one layer of the material for the sole.
Regardless of inseparable or not, there are multiple layers taught in Bobko et al. and the claimed limitation did not call for the layers to be removable or such. As a matter of fact, the claimed limitation seems to indicate that the layers are “inseparable” since they are formed into one integral piece. It is clear from Bobko et al. that they teach the sole and the paw digits/tread are being made with multiple layers, depending on the degree of cushioning the user wishes the animal to have.
One of the reasons is that Bobko et al does not disclose whether the tread is sufficiently wide to cover the paw digits completely… Because the dog boots in Bobko et al teaching do not have separate paw digits, and the tread is simply a strip of material surrounding boot sides near bottom of the boot, the tread (115 or 215) forms almost 85-90 degrees angle with the sole layer (see FIGS. IE and 2A).
The examiner did not rely on Bobko et al. for replacing the paw digits of Ferretti as appeared to be argued. The rejection stated that Bobko et al. teach multiple layers treads which correlate to paw digits because what are paw digits really? They are for traction as clearly stated in Ferretti because he explained refs. 38-42 as gripping pads. Thus, the gripping pads are the same as the treads teaching in Bobko et al. The only difference is that Bobko et al. do not specifically show or describe the shape of their treads. However, regardless, the examiner did not rely on Bobko et al. for the shape of the treads anyhow, what is being relied on is having the treads be made in multiple layers for further cushioning. In addition, any two of the outer layers of the whole shoes can be considered tread made of multiple layers because if there are multiple layers, say 4 layers, the two outermost layers are considered to be integral outer layers making up the tread and the rest of the inner layers can make up the sole layer. The combination of Ferretti as modified by Bobko et al. would result in “wherein the outer layer of the sole layer and the outer layers of the paw digits are coupled into an integral one outer layer” because since there are multiples layers as relied on with Bobko et al.’s teaching, the outermost layer of the sole layer and the outermost layer(s) of the paw digits will be coupled together and be considered as an integral one outer layer.
The other reason is that the outer layers of the paw digits of the present patent application have a front paw opening for each of the paw digits for toenail of the dog to protrude and the outer layers of the paw digits are not adjoined with one another along their sides. In comparison, the tread in Bobko's teaching is only a strip of material.
As stated in the above 112 rejection, applicant only has one outer layer for the paw digits and not “outer layers”. In addition, Bobko et al. were not rely on for paw digits or front paw opening because Ferretti teaches these features. The combination of Ferretti as modified by Bobko et al. would result in “wherein the outer layer of the sole layer and the outer layers of the paw digits are coupled into an integral one outer layer” because since there are multiples layers as relied on with Bobko et al.’s teaching, the outermost layer of the sole layer and the outermost layer(s) of the paw digits will be coupled together and be considered as an integral one outer layer.
Conclusion
THIS ACTION IS MADE FINAL. 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 SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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/Son T Nguyen/ Primary Examiner, Art Unit 3643