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 .
Application Status
Claims 1-20 are pending and have been examined in this application.
This communication is the first action on the merits.
Information Disclosure Statement
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
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 1-20 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 line 9 and line 11; Claim 3, line 11, line 13; Claim 14 line 9, line 10; Claim 16 line 8 and line 10 recite “the periphery thereof”, however it is unclear if this is referring to the previously recited “peripheral edge of said first panel” or is referring to a different peripheral area of the device.
Claim 1 line 18; Claim 14 line 16 “said overlap zone” lacks antecedent basis and should be –said first overlap zone--.
Claim 1 lines 22-23; Claim 3 line 23; Claim 14 line 21; Claim 16 line 19 “said double zig-zag stitch pattern” lacks antecedent basis, and should be –double zig-zag pattern—to refer back to the double zig zag pattern previously recited.
Claim 1 lines 23-24; Claim 14 line 22 “the chewing motion” lacks antecedent basis.
Claim 3 line 3 “the same size” should be –a same size--
Claim 6-8, 20 recites “Cordura® fabric”. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a fabric type and, accordingly, the identification/description is indefinite.
Claim 12 “wherein with said first and second zig-zagging line of stitches are located diametrically opposed to each other” is indefinite as the first and second zig-zagging line of stitches lack antecedent basis. Claims 1 and 3 from which 12 depend recite a second line of stitches comprising a double zig-zag pattern, and a fifth line of stitches comprising a double zig-zag pattern. It is unclear if Claim 12 is referring to the second and fifth line of stitches, or a different set of zig-zagging stitches.
Allowable Subject Matter
Claims 1-20 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2291155 A to Gartz teaches first and second panel assemblies with a filler inside.
US 2185547 A to John teaches first and second panel assemblies with a guard connecting the panel assemblies around the peripheral edge.
US 4742799 A to Schlitz teaches a device for an animal with first and second panel assemblies connected around a peripheral edge by stitching, with a compartment for an object inside, with a filler material between the first and second panel assemblies.
US 5299335 A to Ivester teaches a cushion with a first and second panel assembly, a filler in the middle, a guard along the outer edge/outer periphery of the panel assembly, the guard comprising lines of a zig-zag stitching pattern (FIG 5).
US 5685257 A to Feibus teaches a cushion with a first and second panel assembly, and a guard wrapped around to be on the outer side of the first and second panel assemblies, the guard having lines of stitching connecting it to the first and second panel assemblies, the guard wrapping around the peripheral edge, see FIGs 2-3.
US 6014950 A to Rogers teaches an overlap portion (FIG 6) where the material is sewn at its ends at the overlap portion.
US 20020187718 A1 to Richey teaches a toy with first and second panel assemblies, a filler material between them, and a soundmaking device inside.
US 20040211225 A1 to Dickerson teaches the use of ultra high molecular weight polyethylene as reinforcement to create webbing material (Abstract).
WO 2009059280 A1 to Axelrod is a chew toy with layers of fabric connected at peripheral edges.
US 20090199784 A1 to Oblack teaches a cushion with lines of stitching retaining first and second panel assemblies together, and lines of stitching with lines of zig zag stitching (see 18 in FIG 3).
CA 2688885 A1 to Mann teaches first and second panel assemblies connected via lines of stitching, with one of the lines of stitching including zig-zag stitches (110).
US 20190297848 A1 to Gao teaches a ‘chew guard’ material formed on the outer edges, the second material having greater rigidity than the first material (FIGs 5A-7B).
US 20250287922 A1 to Salyer does not have a date before the EFD of applicant’s device, and is only added here for reference. Salyer teaches a first panel assembly comprised of an outer layer and inner layer, a second panel assembly, where the panel assemblies are connected by a binding around the peripheral edge, the binding comprising lines of zig-zag stitching, and comprising a squeaker toy inside between the first and second panels. See FIG 4 with the panels wrapped by 140 about the peripheral edges.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KIMBERLY BERONA can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647