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 Amendment
Applicant’s arguments with respect to claim(s) 1 and 14 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.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 1-6 and 8-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pietra (US Pub. 2013/0125827 A1) in view of Yoskowitz (US Pub. 2022/0295739 A1).
Regarding claim 1, Pietra discloses a pet compartment, comprising:
a base (Fig. 5, rugged outer shell 41);
a plurality of frames each including leg portions (Fig. 5, reinforcement ribs 51) pivotably coupled with opposing sides of the base near a rear side of the base and bridge portions spanning the leg portions (Fig. 5, pivot mounts 53);
a canopy supported by the frames so as to fold and unfold upon relative pivoting of the frames (Fig. 5, web portions 55);
a plurality of automobile anchor connectors coupled with the base at the rear side (Pg. 7, [0116], lines 1-9: “In one example, as shown in FIGS. 2, 3 and 12, the latching mechanism 82 may incorporate a plurality of respective strap devices 83 disposed peripherally about the support platform 32 to mount the carrier device 30 to the mounting assembly 31. Each strap device 83 includes a first component 85 thereof vertically mounted a respective side wall 36 of the carrier device, and a corresponding loose (or dangling) second component 86 extending from the top portion of the first component 85 thereof”);
and a tether connector coupled with the bridge of one of the frames (Fig. 5, positioning strap 98).
However, Pietra fails to disclose as taught by Yoskowitz, similarly drawn to a pet carrier for transporting a pet in a vehicle, coupled with the base at the rear side, a plurality of automobile anchor connectors each including a release button and a gripping hook configured to couple with a child car seat anchor (Pg. 3, [0039], lines 1-10: “Most vehicles are now being equipped with what are referred to as LATCH (lower anchors and tethers for children) connectors, such as the lower seat anchors 110 and the clamp 80. Each clamp 80 includes a securement mechanism 88 and a release mechanism 85. Securement mechanism 88 is preferably spring loaded and is positioned at a distal end of the clamp. The securement mechanism 88 retracts and engages with a lower seat anchor 110 upon contacting and passing over an outer edge of lower seat anchor 110”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pet compartment of Pietra to comprise the automobile anchor connectors of Yoskowitz to allow for an easier releasable connection with the car seat.
Regarding claim 2, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein the frames have a shape partially matching with a footprint of the base (Fig. 5, each of the reinforcement ribs has a similar profile as the base).
Regarding claim 3, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein the frames have a common pivot axis (Fig. 5, pivot mounts 53 are shared among all of the reinforcement ribs).
Regarding claim 4, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein pivoting of each of the frames is limited according to where the frames are coupled along a length of the canopy (The reinforcement ribs are coupled to the canopy and therefore their rotational movement is constrained).
Regarding claim 5, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein the canopy wraps around each frame along a first leg portion, across the bridge portion and along the second leg portion (See Fig. 5).
Regarding claim 6, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein the canopy includes a plurality of see-through holes (Pg. 4, [0084], lines 6-10: “To further promote breathability, however, a central web portion 57 of the hood 50 is composed of a nylon mesh or rubber coated nylon mesh material, offering greater porosity, and thus greater breathability”).
Regarding claim 8, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein the canopy comprises a first continuous edge coupled with front and side edges of the base (Fig. 5, peripheral edge portion fastens to the canopy material) and a second continuous edge surrounding an opening at a rear of the base (Fig. 5, D-shaped opening).
Regarding claim 10, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein the canopy exhibits a faceted half arch in profile when unfolded (See id).
Regarding claim 11, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein a distance of the automobile anchor connectors from the base is adjustable (The anchor comprises a hook fastener and a corresponding loop fastener. Due to the nature of this configuration, the attachment point is variable and therefore so is the distance between the anchor connector and the base).
Regarding claim 12, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein a distance of the tether connector from the frame is adjustable (When the canopy is folded into a closed configuration, positioning strap is moved closer to components of the frame).
Regarding claim 13, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, a plurality of corner reinforcements coupled with the frames where leg portions meet bridge portions (Pg. 4, [0081]: “In accordance with the present invention, the hood 50 is capable of collapsing, reducing its overall footprint. For instance, the collapsible hood 50 may be moved between an extended, covered condition (FIGS. 5 and 10) and a collapsed, folded condition (not shown), collapsing in an accordion-type fashion similar to a hood of a baby stroller. Similarly, as shown in FIG. 10, the hood 50 may include a plurality of U-shaped reinforcement ribs 51, each having opposed ends 52 pivotally mounted to pivot mounts 53 oriented at the opposed corners of the hood. These ribs 51 must be sufficiently flexible to bend into the arch or U-shape form of the material web portions 55 between adjacent ribs 51, yet be sufficiently rigid and resilient to tautly deploy and retain this hooded form when inserted or sewn into receiving channels of the web portions 55”).
Regarding claim 14, Pietra discloses a pet enclosure, comprising:
a base (Fig. 5, rugged outer shell 41);
a collapsible canopy configured for suspending above the base (Fig. 5, web portions 55);
a plurality of automobile anchor connectors configured for coupling with the base at the rear side (Pg. 7, [0116], lines 1-9: “In one example, as shown in FIGS. 2, 3 and 12, the latching mechanism 82 may incorporate a plurality of respective strap devices 83 disposed peripherally about the support platform 32 to mount the carrier device 30 to the mounting assembly 31. Each strap device 83 includes a first component 85 thereof vertically mounted a respective side wall 36 of the carrier device, and a corresponding loose (or dangling) second component 86 extending from the top portion of the first component 85 thereof”);
and a tether connector configured for coupling with the collapsible canopy (Fig. 5, positioning strap 98).
However, Pietra fails to disclose as taught by Yoskowitz, similarly drawn to a pet carrier for transporting a pet in a vehicle, configured for coupling with the base at the rear side, a plurality of automobile anchor connectors each including a release button and a gripping hook configured to couple with a child car seat anchor (Pg. 3, [0039], lines 1-10: “Most vehicles are now being equipped with what are referred to as LATCH (lower anchors and tethers for children) connectors, such as the lower seat anchors 110 and the clamp 80. Each clamp 80 includes a securement mechanism 88 and a release mechanism 85. Securement mechanism 88 is preferably spring loaded and is positioned at a distal end of the clamp. The securement mechanism 88 retracts and engages with a lower seat anchor 110 upon contacting and passing over an outer edge of lower seat anchor 110”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pet compartment of Pietra to comprise the automobile anchor connectors of Yoskowitz to allow for an easier releasable connection with the car seat.
Regarding claim 15, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, a plurality of pivoting frames configured to suspend the collapsible canopy above the base (Fig. 5, reinforcement ribs 51).
Regarding claim 16, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein the pivoting frames comprise a first frame configured to pivot a first amount between a position collapsed against the base to a first extended position (Fig. 5, reinforcement ribs 51).
Regarding claim 17, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein the frames comprise a second frame configured to pivot second amount less than the first amount between a position collapsed against the base to a second extended position (Fig. 5, a plurality of reinforcement ribs 51 are shown each extending to a different position rotationally relative to the pivot point).
Regarding claim 18, Pietra as modified by Yoskowitz discloses the claimed invention in addition to as taught by Pietra, wherein the frames comprise a third frame configured to pivot a third amount less than the second amount between a position collapsed against the base to a third extended position (See id. At least three reinforcement ribs are shown).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pietra (US Pub. 2013/0125827 A1) in view of Yoskowitz (US Pub. 2022/0295739 A1), and further in view of Bryson (US Pub. 2009/0314219 A1).
Regarding claim 7, Pietra as modified by Yoskowitz discloses the claimed invention except for as taught by Bryson, wherein the canopy includes a plurality of small windows (Pg. 2, [0025], lines 1-11: “FIG. 2 shows one embodiment of an animal carrier 10, made using the frame 7 of FIG. 1. The enclosure of the animal carrier 10 is formed by attachment of two side panels 3 2 to the frame 7 shown in FIG. 1. The two side panels 32 can be mirror images of each other or different, for example in their manner of attachment to the frame 7 or in some other characteristic. For example, the two side panels can have different openings or view windows, or can be made from different materials. The two side panels 32 are preferably curved, flexible, and/or shaped for attachment to the contour edge of the spine 34, the back panel 14, and the floor panel 16”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pet compartment of Pietra as modified by Yoskowitzto include the windows of Bryson to allow the animal to see out of the compartment.
Claim(s) 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Pietra (US Pub. 2013/0125827 A1) in view of Yoskowitz (US Pub. 2022/0295739 A1), and further in view of in view of Zoroufy (US Pub. 5,351,646).
Regarding claim 21, Pietra as modified by Yoskowitz discloses the claimed invention except for as taught by Zoroufy, wherein the canopy is comprised of a plurality of nylon mesh hexagons (Col. 12, lines 60-66: “Typically the dimensions of the bag are about 19 inches long by approximately 13 inches high from floor portion to roof and about 14 inches in diameter from side wall to side wall. The C-shaped perforate panel (118) on the reclosable end (113) is made of a 100% polyester or nylon mesh material manufactured by Mitsubishi Int'l. Corp. of New York, N.Y. The mesh is preferably a hexagonally shaped pattern”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pet compartment of Pietra as modified by Yoskowitz to include the hexagonal mesh pattern of Zoroufy for its improved strength.
Regarding claim 22, Pietra as modified by Yoskowitz discloses the claimed invention except for as taught by Zoroufy, wherein the canopy is comprised of a plurality of nylon mesh hexagons (Col. 12, lines 60-66: “Typically the dimensions of the bag are about 19 inches long by approximately 13 inches high from floor portion to roof and about 14 inches in diameter from side wall to side wall. The C-shaped perforate panel (118) on the reclosable end (113) is made of a 100% polyester or nylon mesh material manufactured by Mitsubishi Int'l. Corp. of New York, N.Y. The mesh is preferably a hexagonally shaped pattern”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the pet compartment of Pietra as modified by Yoskowitz to include the hexagonal mesh pattern of Zoroufy for its improved strength.
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 HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Michener can be reached on 5712721467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642 /hm/