DETAILED ACTION
This Office Action is in response to the application filed June 12, 2023. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are pending. Claims 1-20 stand rejected as set forth below.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1, 4, 5, 13-17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shewfelt (US 9,295,234).
In regard to Claim 1, Shewfelt discloses a harness (Figs 4, 5) comprising: a chest strap (36, 38) formed from an anti-slip material (nylon) (column 4, lines 35-40) and comprising a laterally oriented tri-glide strap adjuster (mechanical fastener) (Figs 4, 5) (column 4, lines 5-34); a front buckle (40a, 40b) attached to the chest strap (Figs 4, 5); a front and neck strap (22, 28) formed from said anti-slip material and comprising a vertically oriented tri-glide strap adjuster (mechanical fastener) (Figs 4, 5) (column 4, lines 5-34); and an upper buckle (26a, 32a) attached to the neck strap (Figs 4, 5).
In regard to Claim 4, Shewfelt discloses the harness as described above, wherein the anti-slip material comprises a nylon webbing (column 4, lines 35-40).
In regard to Claim 5, Shewfelt discloses the harness as described above, wherein a front portion and a neck portion of the front and neck strap are attached to the chest strap at two locations on the chest strap (Figs 4, 5).
In regard to Claim 13, Shewfelt discloses the harness as described above, wherein the front buckle and the upper buckle are side release buckles formed by a male buckle member (26a, 40a) and a female buckle member (32a, 40b) (Figs 4, 5).
In regard to Claim 14, Shewfelt discloses the harness as described above, wherein the male buckle member comprises: a retaining block that accepts the chest strap and/or the front and neck strap; a center rod; and two resilient prongs equally spaced from the center rod, biased toward an outward position, and terminates at a front end of the retaining block (Figs 4, 5).
In regard to Claim 15, Shewfelt discloses the harness as described above, wherein the female buckle member comprises: an open side; and two side holes which hold and secure the two resilient prongs of the male buckle member (Figs 4, 5).
In regard to Claim 16, Shewfelt discloses the harness as described above, wherein the horizontally oriented tri-glide strap adjuster and vertically oriented tri-glide strap adjuster each comprise: a frame with a width slightly larger than a width of the chest band and the front and neck strap; a bar in a middle of the frame; and openings between the frame and the bar that accept the chest band or the front and neck strap (Figs 4, 5) (Figs 2, 3 also show a good view of how the straps are routed through the tri-glides).
In regard to Claim 17, Shewfelt discloses the harness as described above, wherein the harness does not comprise organic fibers (column 4, lines 35-40) (nylon is not organic).
In regard to Claim 19, Shewfelt discloses a harness comprising: a first band (36, 38) comprising a first webbing slide (mechanical fastener) (Figs 4, 5) (column 4, lines 5-34); a second band (22, 28) comprising a first webbing slide (mechanical fastener) (Figs 4, 5) (column 4, lines 5-34); a first side release buckle (40, 40b) attached to the first band (Figs 4, 5); and a second side release buckle (26a, 32a) attached to the second band (Figs 4, 5).
In regard to Claim 20, Shewfelt discloses a method for facilitating handling a slippery mammal comprising: securing a chest strap (36, 38) to the slippery mammal by placing a male end (40a) of a front buckle on a first end of the chest strap to a female end (40b) of the front buckle on a second end of the chest strap (Figs 4, 5) (column 4, lines 5-34); adjusting a first tri-glide strap adjuster (mechanical fastener) located on the chest strap until the chest strap is taught against a chest of the slippery mammal (column 4, lines 5-34); securing a front and neck strap (28, 30) to the slippery mammal by placing a male end (32b) of an upper buckle on a first distal end of the front and neck strap to a female end (32b) of the upper buckle on a second distal end of the front and neck strap (Figs 4, 5); and adjusting a second tri-glide strap adjuster located on the front and neck strap such that the front and neck strap leaves enough room for a handler to slide a hand behind a head of the slippery mammal during a bathing process (the length can vary as needed) (column 4, lines 5-34).
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 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shewfelt.
In regard to Claims 7-10, Shewfelt discloses the harness as described above, but is silent as to the dimensions of the harness. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the harness of Shewfelt with the front portion between fourteen and sixteen centimeters in length, neck portion between thirty-five centimeters and forty-five centimeters, the front and neck portions spaced apart between 6 and 9 centimeters and the chest strap between sixty and seventy centimeters in length and at least one and a quarter times a length of the front and neck strap, in order to allow the harness to be used with for many sized individuals for maximum usability and marketability. It is noted that Shewfelt does state that the harness can be constructed in various sizes to accommodate different sized pets (column 4, lines 35-40).
Claims 1, 4-17, 19 and 20 rejected under 35 U.S.C. 103 as being unpatentable over Gee (US 6,125,792) in view of Shewfelt.
In regard to Claim 1, Gee discloses a harness (Figs 1, 2) comprising: a chest strap (10) formed from an anti-slip material (nylon) (column 5, lines 1-30); a front buckle (40a) attached to the chest strap (Figs 1, 2); a front and neck strap (20L, 20R) formed from said anti-slip material (nylon) (column 5, lines 1-30); and an upper buckle (40B or 40C) attached to the neck strap (Figs 1, 2). Gee does not disclose tri-glide strap adjusters.
Shewfelt teaches using tri-glide strap adjusters (mechanical fastener) (Figs 4, 5) (column 4, lines 5-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the harness as disclosed by Gee to include tri-glide strap adjusters as taught by Shewfelt, in order to easily allow the straps to be adjusted in length while being able to control the amount of length of strap that extends out from the adjuster.
In regard to Claim 4, Gee discloses the harness as described above, wherein the anti-slip material comprises a nylon webbing (column 5, lines 1-30).
In regard to Claim 5, Gee discloses the harness as described above, wherein a front portion and a neck portion of the front and neck strap are attached to the chest strap at two locations on the chest strap (Figs 1, 2).
In regard to Claim 6, Gee discloses the harness as described above, wherein the front portion and the neck portion of the front and neck strap are orthogonally oriented with respect to the chest strap when the harness is laid flat (Fig 2).
In regard to Claims 7-10, Gee discloses the harness as described above, but is silent as to the dimensions of the harness. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the harness of Gee with the front portion between fourteen and sixteen centimeters in length, neck portion between thirty-five centimeters and forty-five centimeters, the front and neck portions spaced apart between 6 and 9 centimeters and the chest strap between sixty and seventy centimeters in length and at least one and a quarter times a length of the front and neck strap, in order to allow the harness to be used with for many sized individuals for maximum usability and marketability. It is noted that Gee does state that the harness can be constructed in various sizes to accommodate different sized children (column 4, lines 19-27).
In regard to Claim 11, Gee discloses the harness as described above, where the front and neck strap attach to the chest strap by way of a fold or a loop (Figs 1, 2).
In regard to Claim 12, Gee in the combination teaches the harness as described above, wherein the fold or the loop is secured with a box X stitching (Figs 1, 2).
In regard to Claim 13, Gee discloses the harness as described above, wherein the front buckle and the upper buckle are side release buckles formed by a male buckle member and a female buckle member (Fig 2).
In regard to Claim 14, Gee discloses the harness as described above, wherein the male buckle member comprises: a retaining block that accepts the chest strap and/or the front and neck strap; a center rod; and two resilient prongs equally spaced from the center rod, biased toward an outward position, and terminates at a front end of the retaining block (Fig 2).
In regard to Claim 15, Gee discloses the harness as described above, wherein the female buckle member comprises: an open side; and two side holes which hold and secure the two resilient prongs of the male buckle member (Fig 2).
In regard to Claim 16, Shewfelt in the combination Gee in view of Shewfelt discloses the harness as described above, wherein the horizontally oriented tri-glide strap adjuster and vertically oriented tri-glide strap adjuster each comprise: a frame with a width slightly larger than a width of the chest band and the front and neck strap; a bar in a middle of the frame; and openings between the frame and the bar that accept the chest band or the front and neck strap (Figs 4, 5) (Figs 2, 3 also show a good view of how the straps are routed through the tri-glides).
In regard to Claim 17, Gee discloses the harness as described above, wherein the harness does not comprise organic fibers (column 5, lines 1-30) (nylon is not organic).
In regard to Claim 19, Gee discloses a harness comprising: a first band (10) (Figs 1, 2); a second band (20L, 20R) (Figs 1, 2); a first side release buckle (41a, 42a) attached to the first band (Fig 2); and a second side release buckle (41b, 42b or 41c, 42c) attached to the second band (Fig 2). Gee does not disclose webbing slides.
Shewfelt teaches using webbing slides (mechanical fastener) (Figs 4, 5) (column 4, lines 5-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the harness as disclosed by Gee to include webbing slides as taught by Shewfelt, in order to easily allow the straps to be adjusted in length while being able to control the amount of length of strap that extends out from the adjuster.
In regard to Claim 20, Gee discloses a method for facilitating handling a slippery mammal comprising: securing a chest strap (10) to the slippery mammal by placing a male end (41a) of a front buckle on a first end of the chest strap to a female end (42a) of the front buckle on a second end of the chest strap (Figs 1, 2) (column 3, lines 1-15); securing a front and neck strap (20L, 20R) to the slippery mammal by placing a male end (41b or 41c) of an upper buckle on a first distal end of the front and neck strap to a female end (42b or 42c) of the upper buckle on a second distal end of the front and neck strap (Figs 1, 2) (column 3, lines 23-58). Gee does not disclose adjusting tri-glides on the straps.
Shewfelt teaches using tri-glides to adjust the length of strap as needed (mechanical fastener) (Figs 4, 5) (column 4, lines 5-34). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the harness as disclosed by Gee to include tri-glides as taught by Shewfelt, in order to easily allow the straps to be adjusted in length while being able to control the amount of length of strap that extends out from the adjuster.
Claims 2, 3 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shewfelt and/or Gee in view of Shewfelt as applied to claim 1 above, and further in view of Stanford et al. (US 8,147,252) (hereinafter Stanford).
In regard to Claims 2 and 18, Shewfelt and or Gee in view of Shewfelt discloses the harness as described above, but does not specifically disclose the anti-slip material comprises a 100% polyester webbing and does not comprise polyamide. Stanford teaches a harness made of polyester (which is not a polyamide) (column 4, lines 41-44). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the harness as disclosed by Shewfelt and/or Gee in view of Shewfelt out of polyester as taught by Stanford, since as Stanford states in column 4, lines 41-44 that it is a rugged and durable material.
In regard to Claim 3, Shewfelt and or Gee in view of Shewfelt discloses the harness as described above, but is silent as the total weight the harness it designed to carry. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the harness of Shewfelt and/or Gee in view of Shewfelt to be rated to able to carry at least 50 pounds so the harness can be used with multiple sized pets. It is noted Shewfelt and Gee each state that the harness can be constructed in various sizes to accommodate different sizes (Shewfelt, column 4, lines 35-40) (Gee, column 4, lines 19-27).
Claims 11 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Shewfelt as applied to claim 1 above, and further in view of Gee (US 6,125,792).
In regard to Claim 11, Shewfelt discloses the harness as described above, but does not specifically disclose how the front and neck strap attach to the chest strap. Gee teaches the front and neck strap attach to the chest strap by way of a fold or a loop (Fig 1). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the front and neck straps of Shewfelt to be attached by a fold or loop as taught by Gee, in order to slidably attach the straps together to allow for adjustability.
In regard to Claim 12, Gee in the combination teaches the harness as described above, wherein the fold or the loop is secured with a box X stitching (Gee, Fig 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See list of references on PTO-892.
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/BRIAN D MATTEI/Supervisory Patent Examiner, Art Unit 3635