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 filed on 08/11/2025 have been fully considered but they are not persuasive.
The Applicant amended claim 1 to include limitations from previously presented claim 7 regarding the water supply kit and water supply hole. The Examiner believes that the cited prior art teaches the broadest reasonable interpretation of a water supply kit. The Applicant further argues that the prior art fails to disclose the arrangement of the particular water supply kit of the instant application. Further arguing that the prior art fails to disclose features such as a cylindrical bottle and cap, a bladder and tubing, and a nozzle to name a few. Also, that the water supply kit of the instant application is intended to be used by the human user of the device, instead of the animal occupant. Because none of these features are brought in as claim limitations, the Examiner is not required to evaluate them for novelty. The Examiner suggests further limiting the details of the water supply kit in the claims to potentially overcome the prior art rejection.
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, 3-5, and 8-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ross (US Pub. 2022/0015328 A1) in view of Yeung (US Pub. 2003/0127060 A1), Zampelli (US Pub. 2002/0124808 A1), and Ho (US Pub. 5,307,758).
Regarding claim 1, Ross discloses an animal transport device comprising:
an upper portion (Fig. 1, top cover 120) hingedly attached to a main body (Fig. 1, bag portion 110);
wherein the upper portion further comprises:
a zipper to secure at least one top of the device (Fig. 1, top zipper 130);
at least one layered fabric surrounding a plurality of zippers (Pg. 2, [0020]: “In certain embodiments the bag may be fabricated from environmentally-friendly material such as recycled material. In some embodiments, the bag may be fabricated from Recycled Polyethylene Terephthalate (RPET) fabric”);
a buckle and a securing device for engaging the buckle (Pg. 2, [0010], lines 8-13: “In some embodiments, a detachable retractable leash may alternatively be secured to an exterior portion of the carrier having a receiving member or clip, for example to the lumbar support strap surrounding the waist of the user, such that the user can have an alternative option for hands-free operation”);
and wherein the main body further comprises:
at least one breathable opening located at the front of the main body (Fig. 2, ventilation window 210);
at least one shoulder strap (Pg. 2, [0012], lines 1-11: “In certain embodiments a hands free pet carrier system according to the present disclosure may include a bag defining a cavity therein configured for receiving a pet, the bag provided with a releasably attachable top cover having an orifice of adjustable diameter through which the pet may protrude its head; a left shoulder strap and a right shoulder strap, each shoulder strap having a first end attached at an upper portion of the bag and a second end provided with a fastener that releasably attaches to a corresponding mating fastener attached at a lower portion of the bag”);
and a plurality of materials areas selected from the group consisting of white mesh, light gray fabric, and light gray webbing (Pg. 3, [0043], lines 1-3: “FIG. 2 shows the ventilation port cover 150 in a retracted state, exposing underneath a ventilation window 210, a mesh-like screen through which air may pass”).
However, Ross fails to disclose as taught by Yeung, a fabric loop attached to a D-ring (Pg. 2, [0030]: “Carrier 10 may also be transported by engaging an adjustable shoulder strap 50 to D-rings 52 positioned on either side of the upper most portion of top 20. Shoulder strap 50 preferably contains a padded cushion 54 and a pairs of tangle-free swivel hooks 56 for attachment to D-rings 52”).
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 animal transport device of Ross to include the d-rings of Yeung for attachment of accessories such as straps.
Furthermore, Ross fails to disclose as taught by Zampelli, similarly drawn to a pet carrier (Abstract, lines 1-2: A pet carrier comprises a container having side walls, a base and a top portion defining a space for receiving a pet”), a mat insert located at a bottom of the main body (Pg. 1, [0013], lines 5-7: “The base may comprise absorbent material, and/or a cushioning member, which may be removable”);
an insulated water reservoir pocket (Pg. 1, [0016]: “According to another aspect of the invention, there is provided a pet carrier comprising a container having side walls, a base and a top portion defining a space for receiving a pet; at least one handle attached to the container for carrying the container; an opening in the container through which a pet may be inserted and removed; and a water dispensing pocket for releasably holding a water dispenser to which the pet has access”).
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 animal transport device of Ross to include the mat and water reservoir pocket of Zampelli to allow for water of the pet as well as absorbing spills.
Ross as modified by Yeung discloses the claimed invention except for as taught by Ho, wherein the device further comprises a water supply kit (Fig. 1, feeder 61) and a water supply hole (Fig. 1, hole 14).
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 animal transport device of Ross as modified by Yeung to include the water supply kit of Ho for feeding of the occupant.
Regarding claim 3, Ross as modified by Yeung, Zampelli, and Ho discloses the claimed invention in addition to as taught by Ross, wherein the upper portion further comprises at least one breathable and rollable layered fabric (Fig. 1, retractable ventilation port cover 150) surrounding at least one zipper (Fig. 1, a zipper is attached to the retractable ventilation port cover 150).
Regarding claim 4, Ross as modified by Yeung and Zampelli discloses the claimed invention in addition to as taught by Ross, wherein the buckle is placed over the zipper and a first part of the buckle and a second part of the buckle are connected via a clasp as to hold the device securely while a pet is inside the device (Fig. 4, the pet carrier comprises buckles 315 and straps 320. It is possible that they could be arranged such that they extend around the front of the carrier).
Regarding claim 5, Ross as modified by Yeung, Zampelli, and Ho discloses the claimed invention in addition to as taught by Ross, wherein there are gaps between the buckle and at least one strap as to allow the buckle to rest upon the zipper without strain (The buckles are adjustable and therefore adequate slack could be applied to them to allow for a gap).
Regarding claim 8, Ross as modified by Yeung, Zampelli, and Ho discloses the claimed invention in addition to as taught by Zampelli, wherein the mat insert is removable (Pg. 2, [0024], lines 13-16: “The base 22 and cushion member 30 arrangement may also, optionally, comprise absorbent material, which may be disposable and easily changeable as necessary”).
Regarding claim 9, Ross as modified by Yeung, Zampelli, and Ho discloses the claimed invention in addition to as taught by Zampelli, wherein the mat insert absorbs moisture and water (See id).
Regarding claim 10, Ross as modified by Yeung, Zampelli, and Ho discloses the claimed invention in addition to as taught by Yeung, wherein the device further comprises at least one snap hook located inside of the device and is designed for retaining personal articles such as keys and a harness of a pet (Pg. 3, [0037], lines 1-4: “As seen in FIG. 1, a D-ring 96 is permanently attached or sewn to the interior of carrier 10, preferably onto the inner surface of top 20, and a leash 98 is secured to D-ring 92”).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ross (US Pub. 2022/0015328 A1) in view of Yeung (US Pub. 2003/0127060 A1), Zampelli (US Pub. 2002/0124808 A1), and Ho (US Pub. 5,307,758), and further in view of Chen (US Pub. 2019/0313597 A1).
Regarding claim 2, Ross as modified by Yeung, Zampelli, and Ho discloses the claimed invention in addition to as taught by Ross, wherein the at least one breathable opening is removably attached to the main body (Fig. 1, air-permeable nets 131 are removable from pet carrier 10 via zippers).
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 animal transport device of Ross as modified by Yeung and Zampelli to include the removable opening of Chen to give the animal more room to move.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ross (US Pub. 2022/0015328 A1) in view of Yeung (US Pub. 2003/0127060 A1), Zampelli (US Pub. 2002/0124808 A1), and Ho (US Pub. 5,307,758), and further in view of Bindi (US Pub 2014/0196668 A1).
Regarding claim 6, Ross as modified by Yeung, Zampelli, and Ho discloses the claimed invention except for as taught by Bindi, the device 15further comprises a plastic rod pipping at the top of the device, surrounding the zipper (Pg. 5, [0051]: “As illustrated via the cut-away drawing of FIG. 7A, inside of the bag 700, a plurality of stabilizing bars, rods, or wires (720, 722) are positioned to extend along length "H" from a front portion 760 to a back portion 770. The bars, rods, or wires (720, 722) may be dowels or wires made from wood, plastic, or any of a variety of materials and operate to help maintain the bag shape and increase stability when an animal is contained within the bag 700. In an alternative embodiment, the bars, rods, or wires (720, 722) may be a stable rod, wire, or a moldable, flexible wire that extends around all or a portion of the bag”).
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 animal transport device of Ross as modified by Yeung, Zampelli, and Ho to include the reinforcing rods of Bindi to prevent the bag from collapsing in on itself.
Ross as modified by Yeung as modified by Bindi does not disclose the device 15further comprises a 4mm plastic rod. It would have been an obvious matter of design choice to designate the thickness of the rod to 4mm to achieve a suitable degree of structural integrity, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Conclusion
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/