DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of Claims
As per the submission to the Office filed on 04/30/2026, the following represents the changes from the previous claims: Claims 20, and 28 were amended. Claims 1-39 are presented for examination.
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.
Claim 38 is 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 claim 38, the limitation “target body” in line 38 is unclear because is it referring to a different target body than what was stated in claim 1, line 2? For examination purposes, the limitation will be treated as the same target body and it is recommended that “the” be inserted before “target body” in claim 38.
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 1-33 are rejected under 35 U.S.C. 103 as being unpatentable over Jirotka (US 0922432 A) in view of Matsumoto (US 7677994 B2).
Regarding claim 1, Jirotka teaches a canine retrieving training system (page 2 lines 12-15 as the user can train a canine to retrieve the target when the user throws the target) comprising: a canine retrieving target (fig. 1) comprising a target body (c and e) and a target tether (g and h), the target tether being connected to the target body (figs. 1-2), the target tether including an anchor (h); a target thrower (a and b as page 2, lines 17-18 and fig. 2 depicts the throwing stick) comprising a handle (a) and a throwing head (b) supported by the handle, the throwing head including a tether receiver (q), the tether receiver being sized and shaped to receive the target tether (fig. 2 and page 2, lines 31-34) and configured to release the target tether when the handle is moved in a throwing motion (page 2, lines 12-15 and 36-40), the tether receiver having an anchor holder (the front portion of the arms that face the anchor in fig. 2) sized an shaped to receive the anchor of the target tether when the target tether is received by the target receiver (fig. 2 as the anchor holder can receive the anchor when the arms are in a horizontal plane).
Jirotka is silent about an anchor recess.
Matsumoto teaches an anchor recess (155 160).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the tether receiver of Jirotka to have an anchor recess as taught by Matsumoto in order to hold the anchor in place in an upright position (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
Regarding claim 2, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 1, and Jirotka further teaches wherein the tether receiver comprises a first arm (see examiner’s illustration of fig. 2) and a second arm (see examiner’s illustration of fig. 2) defining a slot (see examiner’s illustration of fig. 2) therebetween sized and shaped for receiving the target tether therein (fig. 2).
PNG
media_image1.png
613
634
media_image1.png
Greyscale
Regarding claim 3, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 2, and Jirotka further teaches wherein the handle comprises an elongate shaft (a in fig. 2) comprising a proximal portion (proximal portion of a), a distal portion (distal portion of a), and a longitudinal axis (longitudinal axis of a) extending therebetween (fig. 2), the throwing head being connected to the distal portion (fig. 2), the first and second arms extending distally with respect to the shaft (fig. 2).
Regarding claim 4, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 2, Jirotka as modified by Matsumoto further teaches wherein the target tether comprises a tie portion (g of Jirotka) sized to be receivable in the slot (fig. 2 of Jirotka), the anchor recess (155 160 of Matsumoto) being in front of the slot (fig. 2 of Jirotka), the first and second arms at least partially defining the anchor recess (fig. 2 of Jirotka and fig. 3B of Matsumoto), the slot being arranged to receive the tie portion (fig. 2 of Jirotka) when the anchor is in the anchor recess (fig. 2 of Jirotka and fig. 3B of Matsumoto).
Regarding claim 5, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, and Jirotka as modified by Matsumoto further teaches wherein the anchor (h of Jirotka) and the anchor recess (155 and 160 of Matsumoto) are sized and shaped to permit pivoting of the anchor in the anchor recess (the combination of Jirotka and Matsumoto is capable of teaching the anchor to pivot in the anchor recess as the as the anchor (h) of Jirotka will pivot when the target body (c and e) of Jirotka is thrown (page 2, lines 12-15 of Jirotka)) as the tie portion (g of Jirotka) moves in the slot (fig. 2 and page 2, lines 32-34 of Jirotka).
Regarding claim 6, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, Jirotka as modified by Matsumoto further teaches wherein the target tether (g and h of Jirotka) and the throwing head (b of Jirotka) are configured to permit pivoting of the anchor relative to the anchor recess, while the anchor is in the anchor recess, responsive to movement of the handle in the throwing motion (the combination of Jirotka as modified by Matsumoto is capable of teaching the tether and throwing head to permit pivoting of the anchor of Jirotka relative to Matsumoto anchor recess as the anchor of Jirotka will pivot within the anchor recess of Matsumoto when the target body (c and e) of Jirotka is thrown (page 2, lines 12-15 of Jirotka) and causes the anchor (h) of Jirotka to pivot relative to the anchor recess of Matsumoto when the user moves the handle in the throwing motion (page 2, lines 36-40 of Jirotka)).
Regarding claim 7, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 6, and Jirotka as modified by Matsumoto further teaches wherein the anchor (h of Jirotka) has a convex arcuate outer surface portion (figs. 1-2 of Jirotka) and the first arm (120 of Matsumoto) comprises a first concave arcuate surface portion (155 and Col. 3, lines 44-49 of Matsumoto) at least partially defining the anchor recess (figs. 1A and 3B of Matsumoto), the first concave arcuate surface portion being configured to permit sliding of the convex arcuate outer surface portion on the first concave arcuate surface portion to permit said pivoting of the anchor relative to the anchor recess (the combination of Jirotka as modified by Matsumoto is capable of having the first concave arcuate surface portion permit sliding of the convex arcuate outer surface portion on the first concave arcuate surface portion to permit said pivoting of the anchor relative to the anchor recess when the user manipulates the handle to throw the target body (c and e of Jirotka) over the throwing head (b of Jirotka)).
Regarding claim 8, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 7, and Jirotka as modified by Matsumoto further teaches wherein the second arm (125 of Matsumoto) comprises a second concave arcuate surface portion (160 of Matsumoto) at least partially defining the anchor recess (figs. 1A and 3B of Matsumoto), the second concave arcuate surface portion being configured to permit sliding of the convex arcuate outer surface portion on the second concave arcuate surface portion to permit said pivoting of the anchor relative to the anchor recess (the combination of Jirotka as modified by Matsumoto is capable of having the second concave arcuate surface portion permit sliding of the convex arcuate outer surface portion on the second concave arcuate surface portion to permit said pivoting of the anchor relative to the anchor recess when the user manipulates the handle to throw the target body (c and e of Jirotka) over the throwing head (b of Jirotka)).
Regarding claim 9, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, Jirotka as modified by Matsumoto further teaches wherein the throwing head (b of Jirotka) comprises a first exit ramp (see examiner’s illustration of fig. 3B of Matsumoto) configured to promote the anchor to exit the anchor recess responsive to movement of the handle in the throwing motion (Jirotka as modified by Matsumoto is capable of having the first exit ramp of Matsumoto to promote the anchor (h of Jirotka) to exit the anchor recess (155 160 of Matsumoto) responsive to movement of the handle in the throwing motion (page 2, lines 36-40 of Jirotka) as Matsumoto first exit ramp is curved and facing outward, which will allow for the anchor to exit the anchor recess).
PNG
media_image2.png
360
423
media_image2.png
Greyscale
Regarding claim 10, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 9, and Jirotka as modified by Matsumoto further teaches wherein the throwing head includes a connector (see examiner’s illustration of fig. 2 of Jirotka) connecting the throwing head to the handle (see examiner’s illustration of fig. 2 of Jirotka), the first arm extending distally away from the connector (see examiner’s illustration of fig. 2 of Jirotka), the first exit ramp being located on the first arm (see examiner’s illustration of fig. 3B of Matsumoto above) and spaced distally from the connector (see examiner’s illustration of fig. 2 of Jirotka as the combination of Jirotka and Matsumoto will have the first exit ramp being located on the first arm spaced distally from the connector).
Regarding claim 11, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 10, Jirotka as modified by Matsumoto further teaches wherein the throwing head comprises a second exit ramp (see examiner’s illustration of fig. 3B of Matsumoto above) configured to promote the anchor to exit the anchor recess responsive to movement of the handle in the throwing motion (Jirotka as modified by Matsumoto is capable of having the second exit ramp of Matsumoto to promote the anchor (h of Jirotka) to exit the anchor recess (155 160 of Matsumoto) responsive to movement of the handle in the throwing motion (page 2, lines 36-40 of Jirotka) as Matsumoto second exit ramp is curved and facing outward, which will allow for the anchor to exit the anchor recess), the second exit ramp being located on the second arm and spaced distally from the connector (see examiner’s illustration of fig. 2 of Jirotka above as the combination of Jirotka and Matsumoto will have the second exit ramp being located on the second arm spaced distally from the connector).
PNG
media_image3.png
697
709
media_image3.png
Greyscale
Regarding claim 12, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, and Matsumoto further teaches wherein the first and second arms comprise respective first (see examiner’s illustration of fig. 2) and second fingers (see examiner’s illustration of fig. 2) protruding forward (see examiner’s illustration of fig. 2).
PNG
media_image4.png
565
650
media_image4.png
Greyscale
Regarding claim 13, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 2, and Jirotka further teaches wherein the first arm defines a first tether guide ramp (see examiner’s illustration of fig. 2) and the second arm defines a second tether guide ramp (see examiner’s illustration of fig. 2), the first and second tether guide ramps defining a mouth (see examiner’s illustration of fig. 2) configured to guide the tether into the slot (Jirotka is capable of having the mouth guide the tether into the slot as shown in fig. 2).
PNG
media_image5.png
580
718
media_image5.png
Greyscale
Regarding claim 14, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 13, and Jirotka further teaches wherein the first and second tether guide ramps taper toward each other as the first and second tether guide ramps extend toward the slot (see examiner’s illustration of fig. 2 above).
Regarding claim 15, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 4, and Jirotka as modified by Matsumoto further teaches wherein the handle comprises an elongate shaft (a in fig. 2 of Jirotka) comprising a proximal portion (proximal portion of a of Jirotka), a distal portion (distal portion of a of Jirotka), and a longitudinal axis (longitudinal axis of a of Jirotka) extending therebetween (fig. 2 of Jirotka), the throwing head being connected to the distal portion (fig. 2 of Jirotka), the anchor and anchor recess being configured such that when the anchor is received in the anchor recess the anchor is intersected by the longitudinal axis of the shaft (Jirotka as modified by Matsumoto is capable of teaching when the anchor is received in the anchor recess the anchor is intersected by the longitudinal axis of the shaft as shown in fig. 2 of Jirotka and fig. 1A of Matsumoto).
Regarding claim 16, Jirotka teaches a canine retrieving target thrower (page 2 lines 12-15 as the user can train a canine to retrieve the target when the user throws the target) for throwing a canine retrieving target (fig. 1) including a target body (c and e) and a target tether (g and h), comprising: a handle (a); and a throwing head (b) supported by the handle (fig. 2), the throwing head including a tether receiver (q) comprising a first arm (see examiner’s illustration of fig. 2) and a second arm (see examiner’s illustration of fig. 2) defining a slot (see examiner’s illustration of fig. 2) therebetween for reception of the target tether (fig. 2), the tether receiver being configured to release the target tether from the slot when the handle is moved in a throwing motion (page 2, lines 12-15 and 36-40), the first arm including a first surface portion (surface portion of first arm in examiner illustration of fig. 2) and the second arm including a second surface portion (surface portion of second arm in examiner illustration of fig. 2), the first and second surface portions arranged to contact the target tether (fig. 2, as the first and second surface portions are arranged to contact the target tether based on how the user manipulates the handle).
PNG
media_image5.png
580
718
media_image5.png
Greyscale
However, Jirotka is silent about a first arcuate surface portion and a second arcuate surface portion.
Matsumoto teaches a first arcuate surface portion (155 and Col. 3, lines 44-49) and a second arcuate surface portion (160).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the first and second surface portions of Jirotka to have arcuate surfaces as taught by Matsumoto in order to hold the anchor in place in an upright position (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
Regarding claim 17, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 16, and Jirotka further teaches wherein the handle comprises an elongate shaft (a in fig. 2) comprising a proximal portion (proximal portion of a), a distal portion (distal portion of a), and a longitudinal axis (longitudinal axis of a) extending therebetween (fig. 2), the throwing head being connected to the distal portion (fig. 2), the first and second arms extending distally with respect to the shaft (fig. 2).
Regarding claim 18, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 17, and Jirotka further teaches wherein the first and second arms at least partially define an anchor holder (the front portion of the arms that face the anchor in fig. 2) in front of the slot (fig. 2), the anchor holder being wider than the slot (fig. 2).
Jirotka as modified by Matsumoto is silent about the arms at least partially defining an anchor recess in front of the slot.
Matsumoto teaches the arms (120 125) at least partially defining an anchor recess (155 160) in front of the slot (slot between 120 and 125 in fig. 3B).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the arms of Jirotka as modified by Matsumoto to at least partially define an anchor recess in front of the slot as taught by Matsumoto in order to hold the anchor in place and still allow for the anchor to move in a smoother motion as it is thrown (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
Regarding claim 19, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 18, and Jirotka as modified by Matsumoto further teaches wherein the first arcuate surface portion comprises a first concave arcuate surface portion (155 and Col. 3, lines 44-49 of Matsumoto) at least partially defining the anchor recess (figs. 1A and 3B of Matsumoto).
Regarding claim 20, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 19, and Jirotka as modified by Matsumoto further teaches wherein the second arcuate surface portion comprises a second concave arcuate surface portion (160 of Matsumoto) at least partially defining the anchor recess (figs. 1A and 3B of Matsumoto).
Regarding claim 21, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 20, and Matsumoto further teaches wherein the anchor recess is semi-spherical (figs. 1-3B and Col. 3, lines 44-49).
Regarding claim 22, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 18, Jirotka as modified by Matsumoto further teaches wherein the throwing head comprises a first exit ramp (see examiner’s illustration of fig. 3B of Matsumoto above) configured to promote exit of the target tether from the anchor recess responsive to movement of the handle in the throwing motion (Jirotka as modified by Matsumoto is capable of having the first exit ramp of Matsumoto to promote exit of the target tether (g and h of Jirotka) from the anchor recess responsive to movement of the handle in the throwing motion as the target tether of Jirotka comprises of the anchor (h of Jirotka) which will exit the anchor recess (155 160 of Matsumoto) responsive to movement of the handle in the throwing motion (page 2, lines 36-40 of Jirotka) as Matsumoto first exit ramp is curved and facing outward, which will allow for the anchor to exit the anchor recess).
Regarding claim 23, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 22, and Jirotka as modified by Matsumoto further teaches wherein the throwing head includes a connector (see examiner’s illustration of fig. 2 of Jirotka above) connecting the throwing head to the handle (see examiner’s illustration of fig. 2 of Jirotka above), the first arm extending distally away from the connector (see examiner’s illustration of fig. 2 of Jirotka above), the first exit ramp being located on the first arm (see examiner’s illustration of fig. 3B of Matsumoto above) and spaced distally from the connector.
Regarding claim 24, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 23, and Jirotka as modified by Matsumoto further teaches wherein the throwing head comprises a second exit ramp (see examiner’s illustration of fig. 3B of Matsumoto above) configured to promote the target tether to exit the anchor recess responsive to movement of the handle in the throwing motion (Jirotka as modified by Matsumoto is capable of having the second exit ramp of Matsumoto to promote exit of the target tether (g and h of Jirotka) from the anchor recess responsive to movement of the handle in the throwing motion as the target tether of Jirotka comprises of the anchor (h of Jirotka) which will exit the anchor recess (155 160 of Matsumoto) responsive to movement of the handle in the throwing motion (page 2, lines 36-40 of Jirotka) as Matsumoto second exit ramp is curved and facing outward, which will allow for the anchor to exit the anchor recess), the second exit ramp being located on the second arm and spaced distally from the connector (see examiner’s illustration of fig. 2 of Jirotka above as the combination of Jirotka and Matsumoto will have the second exit ramp being located on the second arm spaced distally from the connector).
Regarding claim 25, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 18, and Matsumoto further teaches wherein the first and second arms comprise respective first (see examiner’s illustration of fig. 2 above) and second fingers (see examiner’s illustration of fig. 2 above) protruding forward (see examiner’s illustration of fig. 2 above).
Regarding claim 26, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 16, and Jirotka further teaches wherein the first arm defines a first tether guide ramp (see examiner’s illustration of fig. 2 above) and the second arm defines a second tether guide ramp (see examiner’s illustration of fig. 2 above), the first and second tether guide ramps defining a mouth (see examiner’s illustration of fig. 2 above) configured to guide the target tether into the slot (Jirotka is capable of having the mouth guide the target tether into the slot as shown in fig. 2).
Regarding claim 27, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 26, and Jirotka further teaches wherein the first and second tether guide ramps taper toward each other as the first and second tether guide ramps extend toward the slot (see examiner’s illustration of fig. 2 above).
Regarding claim 28, Jirotka teaches a method of throwing a retrieving target (c and e), the method comprising: connecting a tether (g) of the retrieving target to a thrower (a and b as page 2, lines 17-18 and fig. 2 depicts the throwing stick), said connecting including a head (b) of the thrower receiving an anchor (h) of the tether (fig. 2); and moving the thrower in a throwing motion (page 2, lines 12-15 and 36-40); wherein moving the thrower in the throwing motion comprises: changing an angle of the tether with respect to a shaft (a in fig. 2) of the thrower while the retrieving target is connected to the thrower (page 2, lines 12-15 and 36-40 as the angle of the tether will change as it is moving), said changing comprises pivoting the anchor of the tether relative to the head of the thrower while the anchor of the tether is received by the head of the thrower (as the anchor will pivot relative to the head of the thrower while the anchor of the tether is received by the head of the thrower when the user moves the handle in the throwing motion fig. 2 and page 2, lines 12-15 and 36-40); and releasing the tether from the thrower (page 2, lines 12-15 and 36-40).
However, Jirotka is silent about a canine retrieving target; and the anchor is disposed in the head of the thrower.
Matsumoto teaches a canine retrieving target (fig. 1A and Col. 1, line 19); and the anchor (105) is disposed in the head (110) of the thrower (fig. 1A).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the retrieving target of Jirotka to be a canine retrieving target and the anchor is disposed in the head of the thrower as taught by Matsumoto in order for the user strengthen their bond with their dog and ensure the dog receives proper exercise (Col. 1, lines 19-23 of Matsumoto) and to hold the anchor in place and still allow for the anchor to move in a smoother motion as it is thrown (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
Regarding claim 29, Jirotka as modified by Matsumoto teaches the method of claim 28, and Jirotka further teaches wherein said pivoting comprises the anchor pivoting within an anchor holder (the front portion of the arms that face the anchor in fig. 2) of the head before moving out of the anchor holder (fig. 2 and page 2, lines 12-15 and 36-40 as the anchor will picot within the anchor holder as the target is being thrown).
However, Jirotka as modified by Matsumoto is silent about an anchor recess.
Matsumoto teaches an anchor recess (155 160).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Jirotka as modified by Matsumoto to have an anchor recess as taught by Matsumoto in order to hold the anchor in place in an upright position (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
Regarding claim 30, Jirotka as modified by Matsumoto teaches the method of claim 28, and Jirotka further teaches wherein said pivoting comprises the anchor pivoting about an axis of rotation that extends through the anchor (page 2, lines 12-15 and 36-40 as the anchor will pivot about an axis of rotation that extends through the anchor as the user throws the target).
Regarding claim 31, Jirotka as modified by Matsumoto teaches the method of claim 28, and Jirotka further teaches wherein said pivoting comprises the anchor pivoting in place relative to the head (fig. 2 and page 2, lines 12-15 and 36-40 as the anchor will pivot in place relative to the head when the user moves the handle in the throwing motion).
Regarding claim 32, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 1, and Jirotka as modified by Matsumoto further teaches wherein the anchor (h of Jirotka) and the anchor recess (155 160 of Matsumoto) are configured to form a ball and socket connection when the anchor recess receives the anchor (the combination of Jirotka and Matsumoto will form a ball and socket connection when the anchor recess receives the anchor, fig. 2 of Jirotka and figs. 3a-3b of Matsumoto).
Regarding claim 33, Jirotka as modified by Matsumoto teaches the canine retrieving target thrower as set forth in claim 24, and Jirotka as modified by Matsumoto further teaches in combination with the canine retrieving target, the target tether of the canine retrieving target comprising a tie portion (g of Jirotka) and an anchor (h of Jirotka), the tie portion being sized to be receivable in the slot of the throwing head (fig. 2 of Jirotka) and the anchor being sized to be receivable in the anchor recess of the throwing head (the combination of Jirotka as modified by Matsumoto teaches the anchor of Jirotka to be sized to be receivable in the anchor recess of Matsumoto as shown in fig. 2 of Jirotka and fig. 1A of Matsumoto).
Claims 34-39 rejected under 35 U.S.C. 103 as being unpatentable over Jirotka as modified by Matsumoto as applied to claim 1 above, and further in view of Markham (US RE40872 E).
Regarding claim 34, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 1, but is silent wherein the target body has a generally elongate cylindrical shape.
Markham teaches wherein the target body (8) has a generally elongate cylindrical shape (fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include wherein the target body has a generally elongate cylindrical shape as taught by Markham into the canine retrieving training system of Jirotka as modified by Matsumoto based on the animal’s preference for comfort as it is well known in the art, since a mere change in size or shape of a component is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 35, Jirotka as modified by Matsumoto and Markham teaches the canine retrieving training system as set forth in claim 34, and Jirotka further teaches wherein the anchor has a generally spherical shape (fig. 1).
Regarding claim 36, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 1, but is silent wherein the target body is made of a flexible polymeric material.
Markham teaches wherein the target body (8) is made of a flexible polymeric material (Col. 3, lines 2-4 as elastomeric material is a flexible polymeric material).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the target body Jirotka as modified by Matsumoto to be made of a flexible polymeric material as taught by Markham in order to provide a softer chew toy to prevent damage to the animal’s teeth as it is well known in the art, 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.
Regarding claim 37, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 1, but is silent wherein the target body has a hollow interior.
Markham teaches wherein the target body (8) has a hollow interior (fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the canine retrieving training system of Jirotka as modified by Matsumoto to include wherein the target body has a hollow interior as taught by Markham in order to improve buoyancy and allow items to be inserted (figs. 1-3 of Markham).
Regarding claim 38, Jirotka as modified by Matsumoto and Markham teaches the canine retrieving training system as set forth in claim 37, and Markham further teaches wherein target body includes a port (28) configured to permit access to the hollow interior (fig. 3).
Regarding claim 39, Jirotka as modified by Matsumoto teaches the canine retrieving training system as set forth in claim 1, but is silent wherein the target body is configured to float in water.
Markham teaches wherein the target body (8) is configured to float in water (Col. 3, lines 2-5).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the canine retrieving training system of Jirotka as modified by Matsumoto to include wherein the target body is configured to float in water as taught by Markham in order to allow for the animal to play with the target body in the water (claim 1 of Markham).
Response to Arguments
Applicant’s arguments with respect to claim(s) 33-39 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.
Applicant argues “There is no reason, with rational underpinning, why one skilled in the art would modify Jirotka's fork b in this manner. Matsumoto's inner surfaces 155, 160 of the prongs 120, 125 are for engage a ball 105. But Jirotka's fork b does not engage the ball h. Instead, as explained above, Jirotka's fork b engages the plate c to throw the string g. There is no reason to modify Jirotka's fork b to have Mastumoto's inner surfaces 155, 160 that engage/grip a ball when Jirotka's fork does not engage/grip the ball h to throw the string g. See In re Omeprazole Patent Litigation, 536 F.3d 1361, 1380 (Fed. Cir. 2008) (explaining "a person of ordinary skill in the art would not have seen any need to apply" the subcoating of the secondary reference to the pharmaceutical of the primary reference because the pharmaceutical does not have the problem 13 of 15 the subcoating was supposed to address and, therefore, did not need the benefits provided by the subcoating) (emphasis added).”
Examiner respectfully disagrees. 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, the user can pull on the target body (c and e of Jirotka) to bring the anchor towards the anchor holder or position the anchor holder in a horizontal plane to bring the anchor towards the anchor holder. There is no teaching as to why Jirotka would not be capable of moving the anchor (h) towards the anchor recess of Jirotka. Since Jirotka is capable of having the anchor holder receive the anchor, one of ordinary skill in the art would rely on the use Matsumoto to teach an anchor recess in order to hold the anchor in place in various positions (fig. 3A and Col. 3, lines 16-20 of Matsumoto), and thus reducing the need from the user to constantly reposition the anchor into the anchor recess.
Applicant further argues “The Office equates Jirotka's ball h with the anchor of claim 28. Office Action, p. 14, 19. However, as shown and described above, the ball h is not "disposed in" the fork b of Jirotka as the string g is thrown. Instead, as described above, it is Jirotka's plate c that engages the fork b during the throwing motion. Jirotka's ball h is at the other end of the string g and is spaced apart from the fork b during the throwing motion.”.
Examiner respectfully disagrees. Please see rejection above as Matsumoto is relied upon to teach wherein the anchor (105) is disposed in the head (110) of the thrower (fig. 1A) in order to hold the anchor in place and still allow for the anchor to move in a smoother motion as it is thrown (fig. 3A and Col. 3, lines 16-20 of Matsumoto).
All other claims with arguments are similarly unpersuasive as they relate to claims 1, 16 and 28 and the art used for those claims were used for other features that are not claimed in claim 1, 16 and 28.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAHAR ALMATRAHI whose telephone number is (571)272-2470. The examiner can normally be reached M-F 7:30-5:30.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SAHAR ALMATRAHI/Examiner, Art Unit 3643
/DAVID J PARSLEY/Primary Examiner, Art Unit 3643
Prosecution Insights