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 .
Response to Amendments
The Amendment filed 11/04/2025 has been entered. Claims 1-3,6-9,11-17 remain pending in the application.
Specification
The use of the term “GPS” and “smartwatch” in para0025, which is a trade name or a mark used in commerce, has been noted in this application. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-3, 6-9, 11-17 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites “wherein said positioning of a plurality of integrated temperature regulating devices maintains the temperature of the canine by thermal generation of heat and thermal generation of cold.” However, this constitutes new matter because it is not disclosed in applicant’s specification that positioning of a plurality of integrated temperature regulating devices maintains the temperature of the canine by thermal generation of heat and thermal generation of cold. Either a heat pack or a cool pack is used within the pockets as described in the specification ex. para0031 to provide thermal regulation of either heat or cold and not both simultaneously. Claims 2-3, 6-9, 11-17 are rejected based on their dependency on a rejected base claim.
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.
Claim(s) 1-3,6-9,11-17 is(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:
“a thermal regulation device” in lines 22-23. However, it is unclear if this is different from the first thermal generation pack and the second thermal generation pack or reciting an additional thermal regulation devices.
“the side area of the canine”. There is a lack of antecedent basis.
“a plurality of integrated temperature regulating devices”. However, it is unclear if this is different from the first thermal generation pack and the second thermal generation pack regulating device or reciting an additional thermal regulation device.
Claims 2-3, 6-9, 11-17 are rejected based on their dependency on a rejected base claim.
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) 1-3, 6-9, 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (WO 2023168383 A2) in view of Cho (US 20100263602 A1).
Regarding claim 1:
Chang discloses:
A temperature regulating animal harness, comprising: (abstract and figs, harness can perform the intended function of regulating the animal’s temperature)
an upper panel (104, fig 1)
having a front end, (fig 6A, proximate to 128)
a back end, (fig 6A, proximate to 130)
a central body section, (fig 6A, proximate to 120)
and a pair of sides; (see sides of 104, Figs 1+6A)
a lower panel having (102, Fig 1)
a front end, (Fig 5A, proximate to 106)
a back end, (Fig 5A, proximate to 108)
a central body section, (Fig 5A, proximate to 116)
and a pair of sides; (see sides of 102, Figs 1+5A)
a plurality of adjustable straps that are connected between the upper panel and the lower panel, (105a+105b, para0041-0043)
a first cooling pocket that is provided along an inside face surface of the upper panel (124b, fig 1-4, para0049,0051,0052)
and is positionable directly against a back of a canine wearing the temperature regulating harness; (para0052, fig 1-4 pockets 124b provided on upper panel 104 are positionable directly against a back of the canine wearing the harness)
and a second cooling pocket that is provided along an inside facing surface of the lower panel, and is positionable directly against a chest of the canine wearing the temperature regulating harness. (124b, fig 1-4, para0049,0051 provided on lower panel 102 is positioned against the chest of the animal wearing the harness)
Chang doesn’t explicitly disclose:
said first cooling pocket extending along an entirety of the central body section from a location adjacent to the front end of the upper panel to a location adjacent to the back end of the upper panel,
said second cooling pocket extending along an entirety of the central body section from a location adjacent to the front end of the lower panel to a location adjacent to the back end of the lower panel
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the first cooling pocket and second cooling pocket to extend along an entirely of the central body section as claimed since applicant’s specification lacks to provide any disclosed criticality for such sizing to provide for improved cooling effect on the animal, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Chang doesn’t disclose:
a first thermal generation pack that is configured to be positioned within the first cooling pocket; and a second thermal generation pack that is configured to be positioned within the second cooling pocket.
Cho discloses:
a thermal generation pack that is configured to be positioned within a cooling pocket. (Fig 4, 1850 positioned within 1800, para0047)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the animal harness of Chang to comprise the features as disclosed by Cho to provide for a comprises a first thermal generation pack and a second thermal generation pack within the cooling pockets to cool the pet in the summer (para0047).
The combination of Chang and Cho discloses:
said plurality of pockets are disposed along the respective inside facing surfaces of the upper and lower panels such that each of the pockets receives and positions a thermal regulation device against the side area of the canine wearing the harness; (the thermal generation packs 1850 of Cho positioned inside of the pockets 124a+124b of Chang are disposed along the inside facing surfaces of the upper and lower panels such that the thermal regulation devices are positioned in each of the pockets again a side area of the canine wearing the harness)
wherein said positioning of a plurality of integrated temperature regulating devices maintains the temperature of the canine by thermal generation of heat and thermal generation of cold. (the thermal regulation packs 1850 of Cho provide both heat and cooling in the pockets of 124a+124b of Chang)
Regarding claim 2:
Chang as modified discloses claim 1 and Chang further discloses:
wherein the upper panel includes a bilaterally symmetrical shape, and is configured to engage a back area of a canine. (104, Figs 1-2, 6A-6B, para0037-0038)
Regarding claim 3:
Chang as modified discloses claim 2 Chang further discloses:
wherein the lower panel includes a bilaterally symmetrical shape, and is configured to engage a chest area of the canine. (102, Fig 1-2, 5A-5B, para0037)
Regarding claim 6:
Chang as modified discloses claim 1, Chang further discloses:
further comprising: a pouch that is located along an outside facing surface of the upper panel. (para0052)
Regarding claim 7:
Chang as modified discloses claim 6, Chang further discloses:
wherein the pouch is configured to receive a tracking device. (para0052, pouch on outside of 104 can receive a tracking device.)
Regarding claim 8:
Chang as modified discloses claim 1, Chang further discloses:
further comprising: a ring that is positioned along an outside facing surface of the upper panel. (136, Fig 6a, para0061,0072)
Regarding claim 9:
Chang as modified discloses claim 8, Chang further discloses:
wherein the ring is constructed from metal and is configured to engage a clip of a leash. (para0061, 0062)
Regarding claim 11:
Chang as modified discloses claim 1, but doesn’t explicitly disclose:
wherein each of the first cooling pocket and the second cooling pocket are constructed from cotton.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the first and second cooling pockets of Chang as modified such that they are constructed from cotton as claimed to provide for a durable and washable fabric, since applicant’s spec lacks to disclose any criticality for such 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 design choice. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Regarding claim 12:
Chang as modified discloses claim 1, The combination of Chang and Cho to comprise the first and second cooling packs in the first and second cooling pockets further discloses:
wherein the first thermal generation pack is removably positioned within the first cooling pocket, and the second thermal generation pack is removably positioned within the second cooling pocket. (Cho: para0047)
Regarding claim 13:
Chang as modified discloses claim 1, but doesn’t explicitly disclose:
wherein the first thermal generation pack is permanently positioned within the first cooling pocket, and the second thermal generation pack is permanently positioned within the second cooling pocket.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the first and second thermal generation packs of the first and second cooling pockets of Chang as modified such that they are permanently attached as claimed decrease the chances of the cooling packs becoming lost with use.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (WO 2023168383 A2) in view of Cho (US 20100263602 A1), as applied to claim 1, and in view of Grace (WO 2024156027 A1).
Regarding claim 14:
Chang as modified discloses claim 1 but doesn’t disclose:
further comprising: a handle that is positioned along a top end of the upper panel.
Grace discloses:
further comprising: a handle that is positioned along a top end of the upper panel. (100, Fig 3-4, 6, 7, para0070)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the upper panel of Chang as modified such that it comprises a handle as disclosed by Grace to improve handling the dog when it is in close proximity to the handler (para0070).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (WO 2023168383 A2) in view of Cho (US 20100263602 A1), as applied to claims 1&6, and in view of KR (KR 20180028112 A).
Regarding claim 15:
Chang as modified discloses claim 6 but doesn’t disclose:
wherein the pouch is transparent.
KR discloses:
wherein the pouch is transparent. (“The recording card storage unit 20 is composed of a transparent pocket 21”, Fig 1, 20+21)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the pouch of Chang as modified such that it is transparent as disclosed by KR to allow for the contents within to be easily viewed by the user.
Claim(s) 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chang (WO 2023168383 A2) in view of Cho (US 20100263602 A1) in view of KR (KR 20180028112 A), as applied to claim 15, and in view of Stuart et al. herein Stuart (US 20060173367 A1).
Regarding claim 16:
Chang as modified discloses claim 15 but doesn’t disclose:
further comprising a tracking device that is positioned within the transparent pouch.
Stuart discloses:
further comprising a tracking device that is positioned within the transparent pouch. (para0172, Fig 5, 11 in pouch 21 )
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the transparent pouch of Chang as modified such that it comprises a tracking device as disclosed by Stuart to provide for position data indicative of the location of the user (para0073).
Regarding claim 17:
Chang as modified discloses claim 16 and Stuart further discloses:
wherein the tracking device comprises a GPS tracking device. (para0172, Fig 5, 11 sends and receives signals through pouch 21 )
Response to Arguments
Applicant's arguments filed 04/30/2025 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that Chang as modified does not disclose: “a plurality of pockets that receives and positions a thermal regulation device against the side area of the canine wearing the harness," as is currently recited in amended claim 1.
Applicant’s arguments have been fully considered but are not found persuasive because Chang alone discloses a first cooling pocket and a second cooling pocket that are configured to receive a first thermal regulation device and a second thermal regulation device. Further, applicant is narrowly construing the term “side area of the canine”. The term is broad in that any “side” of the canine which the pockets are positioned in can read on the limitation. Therefore, the inner facing surfaces of the upper and lower panel i.e. the chest and back panels are side areas of the canine.
In regards to Applicant’s arguments that Chang as modified does not disclose: “thermal regulation," as recited in amended claim 1.
Applicant’s arguments have been fully considered but are not found persuasive because positioning any harness, especially one with the ability to affect the canine’s temperature via hot or cold packs as disclosed by Cho, provides the function of thermal regulation on the canine i.e. the temperature and comfort of the canine is affected with the positioning of the harness comprising the heat/cooling features.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, Chang alone discloses all the claimed features of claim 1 including the first and second cooling pockets that are configured to hold a thermal regulating device within them. Cho discloses the use of thermal regulating devices (ice/hot packs) within pockets to provide comfort and safety for the animal. Combining the references is well within the ordinary skill in the art since such a modification is suggested by Cho and is in the knowledge generally available to one of ordinary skill in the art.
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 SHADA M ALGHAILANI whose telephone number is (571)272-8058. The examiner can normally be reached M-F (7:30am - 4:30pm 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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/SHADA MOHAMED ALGHAILANI/Examiner, Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643