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 .
Continued Prosecution Application
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/30/2025 has been entered.
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 1-8, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kolozsvari et al. (US 20090320390), hereinafter Kolozsvari, in view of Marton et al. (US 10492624), hereinafter Marton, Peregoy (US 9282719), Autenrieth (US 11278001), Koskey (US 10470436), and Moore et al. (US 5144911), hereinafter Moore.
Regarding claim 1, Kolozsvari teaches of (fig. 4) a pet crate pad device (abstract, insulation kit made up of panels for a pet enclosure. The panels can be used in a pet crate) that protects a pet from harming themselves while inside a pet crate (¶0016, the interior of the panels remains soft, creating a comfortable cushion for the pet. Examiner notes that the cushion protects a pet from harming themselves while inside the pet enclosure), the pet crate pad device comprising:
a body component (body of panels 18); and
a plurality of fasteners (¶0031, connector members 20, 22); and
a central pad (16); and
wherein the body component comprises multiple pads (multiple panels 18); and
wherein the body component protects a pet and prevents injury (¶0016, the interior of the panels remains soft, creating a comfortable cushion for the pet. Examiner notes that the cushion protects a pet from harming themselves while inside the pet enclosure).
Kolozsvari does not appear to teach of wherein the body component is configured secured to an interior of a pet crate via the plurality of fasteners;
wherein the plurality of fasteners are latches;
wherein the central pad is snapped onto each pad of the body component; and
further wherein each pad of the body component comprises a waterproof, tear- resistant top fabric, a lower fabric, and an open cell foam filler disposed between the top and lower fabrics.
Marton teaches of (fig. 1B) wherein the body component (body of crib shield 111) is secured to an interior of a crate (crib 10) via the plurality of fasteners (col. 12 lines 1-8, The crib shield 111 may be fastened to the crib 10 through fasteners 114 and 116. Various fastening apparatus may be used to attach the first side panel as well as the other panels as described herein to a crib. For example, various types of fastening apparatus may include hook and loop closures (e.g., Velcro), snaps, buttons/buttonholes, ties, straps, buckles, zippers, etc. Although hook and loop fasteners are preferable, any other closure or fastener apparatus suitable for attaching panels to crib 10 may be used.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Marton of wherein the body component is secured to an interior of a pet crate via the plurality of fasteners in order to secure the body component to different kinds of pet enclosures and prevent the body component from moving around and displacing within the interior of the pet enclosure.
Peregory teaches of wherein the plurality of fasteners are latches (fig. 9, col. 6 lines 30-35, housing 802 may be operably connected to a wall 104, 106, 108, 110 of the crate 102 via a mechanism 806 such as a latch as shown in FIG. 9.)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Peregory of wherein the plurality of fasteners are latches in order to use a fastener that is secure and have stable positioning onto a wired pet cage.
Autenrieth teaches of (figs. 1-2) wherein the central pad (central cushion component 110) is snapped onto each pad of the body component (each pad 220-d of outer cushion component 220) (Col. 2 lines 1-8, The fastener assemblies described herein may comprise a zipper assembly, a hook and loop fastener assembly, a snap fastener assembly, a button and button receiver fastener, or any other fastener assembly suitable for a modular pet bed that can be assembled, disassembled, and reassembled; col. 4 lines 6-13, Outer cushion component 220 can be coupled to a central cushion component (e.g., 110) via a fastener component or fastener components 224 of outer cushion component and a complementary fastener component or fastener components on central cushion component.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Autenrieth of wherein the central pad is snapped onto each pad of the body component in order to quickly and securely attach the central pad to the surrounding pads.
Koskey teaches of (fig. 4) further wherein each pad of the body component (bolster crate pad 10) comprises a top fabric (top fabric 46), a lower fabric (lower fabric 48), and an open cell foam filler (col. 3 lines 1-2, filler material 50 may be an open cell foam pad or foam pieces) disposed between the top and lower fabrics (seen in fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Koskey of further wherein each pad of the body component comprises a top fabric, a lower fabric, and an open cell foam filler disposed between the top and lower fabrics in order to be able to change the filling of the pads and adjust the amount of filling of the pads according to the user’s preference, such as filling with a weaker or stronger insulator, more or less soft filling for cushioning, and the size of the pads based on how much filling is placed inside, and to use a filler material which is known to be soft and cheaper than closed-cell foam.
Moore teaches of (fig. 1) further wherein each pad of the body component (bed system 10) comprises a waterproof, tear-resistant top fabric (col. 3 lines 57-60, cover member 30 being formed from a tear-resistant, water-repellent fabric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Moore of further wherein each pad of the body component comprises a waterproof, tear-resistant top fabric in order to keep the pad clean and resistant to damage.
Regarding claim 2, Kolozsvari as modified teaches of claim 1, and wherein the body component is configured to be positioned within any size pet crate (¶0028-0030, panels are sized according to the pet crate and can be die cut and shaped to fit any size pet crate. ¶0040, side panels 18 and base panel 16 may be expandable and adjustable in size to accommodate new pet enclosures 12. Examiner noted that the modification of the fasteners in Marton to Kolozsvari allows the panels to be positioned within any size pet crate via the fasteners fastening to the side walls of any size pet crate).
Regarding claim 3, Kolozsvari as modified teaches of claim 2, and wherein the body component comprises three pads (fig. 4, 3 side panels).
Regarding claim 4, Kolozsvari as modified teaches of claim 3, wherein (fig. 2) the three-pad body component secures a pad (18) to each inner side wall and a back wall of the pet crate (seen in fig. 2).
Regarding claim 5, Kolozsvari as modified teaches of claim 4, and wherein the three pads are three separate pads packaged together (seen in fig. 4).
Regarding claim 6, Kolozsvari as modified teaches of claim 5, and wherein (fig. 4) each of the pads of the body component (18) is configured in a rectangular shape (seen in fig. 4) that measures approximately a length of the pet crate walls (seen in fig. 2) and is approximately 1-2 inches in thickness (¶0032, the side panels 18 and base panel 16 are configured so they range from ¼ and 1¼ inches in thickness.)
Regarding claim 7, Kolozsvari as modified teaches of claim 6, and wherein (fig. 4) the pads of the body component pads (18) each comprise a front surface, a back surface, opposing right and left side walls, and opposing top and bottom side walls (seen in fig. 4).
Regarding claim 8, Kolozsvari as modified teaches of claim 7, and wherein in position, the back surface is secured to the pet crate walls and the front surface contacts the pet within the pet crate (seen in fig. 1, the front surface contacts the pet when it touches the front surface).
Regarding claim 10, Kolozsvari as modified teaches of claim 8, wherein the plurality of fasteners releasably secure the body component to the pet crate walls, thereby allowing the body component to be removed and washed, then reused, as needed (as modified by the fasteners of Marton, fig. 1C and col. 12 lines 1-8 of Marton, the various types of fastening apparatus releasably secure the body component to the crate walls, thereby allowing the body component to be removed and washed, then reused, as needed).
Claim 13 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kolozsvari in view of Coggins (US 20090013937), Marton et al. (US 10492624), hereinafter Marton, Koskey (US 10470436), and Moore et al. (US 5144911), hereinafter Moore.
Regarding claim 13, Kolozsvari teaches of (fig. 4) a pet crate pad device (abstract, insulation kit made up of panels for a pet enclosure. The panels can be used in a pet crate) that protects a pet from harming themselves while inside a pet crate (¶0016, the interior of the panels remains soft, creating a comfortable cushion for the pet. Examiner notes that the cushion protects a pet from harming themselves while inside the pet enclosure), the pet crate pad device comprising:
a body component comprised of three pads (body of 3 panels 18); and
a central pad (16) that is positioned on a floor of the pet crate (14) (fig. 2, base panel 16 is placed on a floor of the pet crate 14); and
wherein the three-pad body component secures a pad to each inner side wall and a back wall of a pet crate (cabin 14) (seen in fig. 2);
wherein each of the pads of the body component (18) is configured in a rectangular shape (seen in fig. 4) that measures approximately a length of the pet crate inner side walls or back wall (seen in fig. 2) and is approximately 1-2 inches in thickness (¶0032, the side panels 18 and base panel 16 are configured so they range from ¼ and 1¼ inches in thickness.)
wherein the central pad (16) is adhesively secured to the three pads (18) of the body component (claim 15, wherein the side panels and base panel include adhesive strips to pivotally interconnect the side panels to adjacent side panels and the base panel. ¶0031, A person having ordinary skill in the art will understand that any attachment connector that provides a pivotal connection between the panels such as Velcro.RTM., hinges and fasteners, adhesives or the like may be utilized in the present invention.).
Kolozsvari does not appear to teach of a plurality of fasteners that are zip-ties;
wherein the three-pad body component secures a pad to each inner side wall and a back wall of a pet crate via the plurality of fasteners;
wherein the plurality of fasteners releasably secure the body component to the pet crate inner side walls and back wall, allowing the body component to be removed and washed, then reused, as needed;
wherein the plurality of fasteners keep the body component pads in place and should withstand tugging, a pet laying up against the pads of the body component, or clawing; and
further wherein each pad of the body component comprises a waterproof, tear- resistant top fabric, a lower fabric, and an open cell foam filler disposed between the top and lower fabrics.
Coggins teaches of a plurality of fasteners that are zip-ties (fig. 7, ¶0053, panels are connected via zip ties).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Coggins of a plurality of fasteners that are zip-ties in order to use a cost-effective and easy to use fastener.
Marton teaches of (fig. 1B) wherein the pad body component (figs. 2E, crib shield 111 can be padded) secures a body (crib shield 111) to each inner side wall and a back wall of a pet crate via the plurality of fasteners (fig. 1B, col. 12 lines 1-8, crib shield 111 fastened to the walls of the crib 10 via the plurality of fasteners 114, 110a, 110b);
wherein the plurality of fasteners releasably secure the body component to the crate inner side walls and back wall, allowing the body component to be removed and washed, then reused, as needed (col. 12 lines 1-8, the fasteners releasably secure the body component to the crib 10, allowing the body component to be removed and washed, then reused, as needed); and
further wherein the plurality of fasteners keep the body component pads in place and should withstand tugging, a pet laying up against the pads of the body component, or clawing (the plurality of fasteners keep the crib shield 111 in place on the crib 10 and would be able to withstand tugging, a pet laying up against the pads of the body component, or clawing, especially if the user tightly fastens the fasteners).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Marton of a wherein the three-pad body component secures a pad to each inner side wall and a back wall of a pet crate via the plurality of fasteners; wherein the plurality of fasteners releasably secure the body component to the pet crate inner side walls and back wall, allowing the body component to be removed and washed, then reused, as needed; further wherein the plurality of fasteners keep the body component pads in place and should withstand tugging, a pet laying up against the pads of the body component, or clawing in order to secure the body component to different kinds of pet enclosures, prevent the body component from moving around and displacing within the interior of the pet enclosure, and to be durable and last longer.
Koskey teaches of (fig. 4) further wherein each pad of the body component (bolster crate pad 10) comprises a top fabric (top fabric 46), a lower fabric (lower fabric 48), and an open cell foam filler (col. 3 lines 1-2, filler material 50 may be an open cell foam pad or foam pieces) disposed between the top and lower fabrics (seen in fig. 4).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Koskey of further wherein each pad of the body component comprises a top fabric, a lower fabric, and an open cell foam filler disposed between the top and lower fabrics in order to be able to change the filling of the pads and adjust the amount of filling of the pads according to the user’s preference, such as filling with a weaker or stronger insulator, more or less soft filling for cushioning, and the size of the pads based on how much filling is placed inside, and to use a filler material which is known to be soft and cheaper than closed-cell foam.
Moore teaches of (fig. 1) further wherein each pad of the body component (bed system 10) comprises a waterproof, tear-resistant top fabric (col. 3 lines 57-60, cover member 30 being formed from a tear-resistant, water-repellent fabric).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Moore of further wherein each pad of the body component comprises a waterproof, tear-resistant top fabric in order to keep the pad clean and resistant to damage.
Regarding claim 16, Kolozsvari as modified teaches of claim 13, but does not appear to teach of wherein the top fabric has a fuzzy or furry surface that faces the pet.
Koskey teaches of (fig. 4) herein the top fabric (top fabric 46) has a fuzzy or furry surface that faces the pet (col. 3 lines 3-7, The top fabric 46 has a fuzzy or furry surface that faces the pet).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Koskey of wherein the top fabric has a fuzzy or furry surface that faces the pet in order to have a surface that is soft, comfortable, and warm for the pet as motivated by Koskey in col. 3 lines 3-7.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kolozsvari as applied to claim 13 above, and further in view of Ozrovitz et al. (US 5542135), hereinafter Ozrovitz.
Regarding claim 19, Kolozsvari as modified teaches of claim 13, but does not appear to teach of further comprising a plurality of indicia.
Ozrovitz teaches of further comprising a plurality of indicia (col. 3 lines 35-58, cover 24 may be provided with design indicia thereupon so as to harmonize with room decor, bedding or the like.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Kolozsvari to incorporate the teachings of Ozrovitz of further comprising a plurality of indicia in order to harmonize with room decor, bedding or the like as motivated by Ozrovitz in col. 3 lines 35-58.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-8, 13, 16, and 19 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZOE TRAN whose telephone number is (571)272-8530. The examiner can normally be reached M-Th 7:30am-6pm EST.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647