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 .
The application of Tally et al. for an “attachment for a wearable collar of an animal” filed on March 11, 2024 has been examined.
This application is a CON of 15/931,741, filed on May 14, 2020, now abandoned.
A preliminary amendment to the claims 10-20 has been entered and made of record. Claims 10-20 are withdrawn.
Claims 1-20 are pending.
Applicant’s election with traverse of group I, including claims 1-9, in the reply filed on March 10, 2026 is acknowledged.
Specification
The disclosure is objected to because of the following informalities: Under cross references to related applications CON status needs to be updated. Serial number 15/931,741, filed on May 14, 2020, now abandoned.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hord et al. (Pub. No. 2018/0125038) in view of Fishman (US# 6,944,985).
Referring to claim 1, Hord et al. disclose an attachment (30) (i.e. a monitoring assembly) for a wearable collar (20) of an animal (page 1 paragraphs 0005 to 0008; see Figures 1 to 6), the attachment (30) comprising:
a first component (32) comprising a first end, a second end opposite the first end, an outer surface, and an inner surface that defines a first cavity having a first opening at the first end of the first component, at least one first coupling element adjacent to the first opening (i.e. the monitoring assembly 30 may include a casing 32 coupled to the collar 20, such as to the front or neck-side of the collar 20, the casing 32 having a single continuous wall or multiple walls that define an interior area) (page 1 paragraph 0020; see Figures 1 to 3b);
a second component comprising a first end and a second end opposite the first end (i.e. the monitoring assembly 30 may include a casing 32 coupled to the collar 20, such as to the front or neck-side of the collar 20, the casing 32 having a single continuous wall or multiple walls that define an interior area) (page 1 paragraph 0020; see Figures 4 and 4b);
an electronic device (30) comprising a processor (36) configured to receive or transmit information relating to the animal, the electronic device (30) configured to be located within at least one of the first and second cavities (i.e. the monitoring assembly 30 may include a processor 36 or equivalent circuitry positioned in the interior area of the casing 32. A non-volatile memory 38 may also be positioned in the casing and in data communication with the processor 36, the memory 38 being electronically configured to include programming and data structures. Data stored in memory 38 may include sound data indicative of the sound of a viscous guard dog as well as other sounds to be emitted by a speaker 52 as will be discussed further later. In addition, the response assembly 50 may include a battery 40 electrically connected to the electronic components in the casing 32.) (page 1 paragraphs 0020-0021; page 2 paragraph 0024; see Figures 2 and 6); and
whereby the first ends of the first and second components face one another and the first and second openings of the first and second cavities collectively form a chamber that houses the electronic device (i.e. the monitoring assembly 30 may include a processor 36 or equivalent circuitry positioned in the interior area of the casing 32) (page 1 paragraphs 0020-0021; see Figures 1 to 4b).
However, Hord et al. did not explicitly disclose a second component comprising an outer surface, and an inner surface that defines a second cavity having a second opening at the first end of the second component, at least one second coupling element adjacent to the second opening, and wherein the at least one first coupling element of the first component is configured to engage the at least one second coupling element of the second component to detachably couple the first component to the second component.
In the same field of endeavor of a portable identification device, Fishman teaches that a second component (12a) (i.e. lower body of the bracelet body 12) comprising an outer surface, and an inner surface that defines a second cavity (14) having a second opening at the first end of the second component, at least one second coupling element (31) (i.e. a lower latch mechanism) adjacent to the second opening (i.e. latch mechanisms 31 can be included in either or both the lower 12a and upper 12b sections of the body 12 to aid in securing the sections to each other and about the seal. The latch mechanism can be "snapped" closed and pried open by inserting a coin or fingernail between the sections) (column 5 lines 16 to 23; see Figure 2), and
wherein the at least one first coupling element (i.e. a upper latch mechanism) of the first component (12b) is configured to engage the at least one second coupling element ((i.e. a lower latch mechanism) of the second component (12a) to detachably couple the first component to the second component (i.e. the lower 12a section of the bracelet body 12 can include a protruding lower retention arm 32 and the upper 12b section of the bracelet body 12 can include a protruding upper retention arm 34. The lower and upper retention arms can be sized and shaped to cooperatively form a body retention arm (36 in FIGS. 1 and 3B) when the upper and lower sections are engaged with each other. The receiving aperture 26 of the clasps 20 can receive and secure the body retention arm therein. In this manner, the clasps not only secure the bracelet body 12 to the strap assembly 16, but the clasps also secure the upper and lower body sections in engagement with each other) (column 5 lines 16 to 52; see Figures 1 to 3C) in order to create a chamber for storing and protecting an information-bearing medium on which the information related to the individual can be disposed.
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need for having the latch mechanisms can be included in either or both of the lower and upper sections of the body to aid in securing the sections to each other and to create a chamber for storing the information-bearing medium taught by Fishman in the casing having the single continuous walls or multiple walls that define the interior area of the casing of Hord et al. because having the latch mechanisms can be included in either or both of the lower and upper sections of the body to aid in securing the sections to each other and to create a chamber for storing the information-bearing medium would provide an alternative way to secure the casing for storing electronic device.
Referring to claim 2, Hord et al. in view of Fishman disclose the attachment according to claim 1, Fishman discloses further comprising: the at least one first coupling element (31) (i.e. the upper latch mechanism 31) comprising a first arm extending from the first end of the first component and a second arm extending from the first end of the first component, each of the first and second arms comprising an inner surface, an outer surface, and a locking protuberance protruding from the outer surface; and wherein the locking protuberance of the first arm and the locking protuberance of the second arm are configured to engage with at least one second coupling element to couple the first component to the second component (i.e. latch mechanisms 31 can be included in either or both the lower 12a and upper 12b sections of the body 12 to aid in securing the sections to each other and about the seal. The latch mechanism can be "snapped" closed and pried open by inserting a coin or fingernail between the sections. The lower 12a section of the bracelet body 12 can include a protruding lower retention arm 32 and the upper 12b section of the bracelet body 12 can include a protruding upper retention arm 34. The lower and upper retention arms can be sized and shaped to cooperatively form a body retention arm (36 in FIGS. 1 and 3B) when the upper and lower sections are engaged with each other) (column 5 lines 16 to 52; see Figures 2 to 3C).
Referring to claim 3, Hord et al. in view of Fishman disclose the attachment according to claim 2, Fishman discloses wherein the at least one second coupling element comprises a recess or detent on the inner surface of the second component (i.e. the bracelet body 12 can include a lower 12a and upper 12b section which can be engaged together to thereby cooperatively form the cavity 14. The lower and upper sections can each include a recessed portion which collectively define the cavity. Alternately, only one or the other lower and upper sections can include a recessed portion that becomes a closed cavity upon mating with the other section) (column 5 lines 1 to 8; see Figure 2).
Referring to claim 4, Hord et al. in view of Fishman disclose the attachment according to claim 2, Hord et al. disclose wherein the first end of the first component (32) comprises a first edge portion, a second edge portion opposite the first edge portion, a third edge portion, and a fourth edge portion opposite the third edge portion, the third and fourth edge portions extending between the first and second edge portions (i.e. each edge of the rectangle casing 32) (page 1 paragraph 20; see Figure 1) and
Fishman discloses wherein the first end of the first component (32) comprises a first edge portion, a second edge portion opposite the first edge portion, a third edge portion, and a fourth edge portion opposite the third edge portion, the third and fourth edge portions extending between the first and second edge portions (i.e. each edge of the rectangle casing 32) (page 1 paragraph 20; see Figure 1) and Fishman discloses wherein the first arm extends from the first edge portion of the first end of the first component (12b) and the second arm extends from the second edge portion of the first end of the first component, the inner surfaces of the first and second arms facing each other in a spaced apart manner, and the outer surfaces of the first and second arms being flush with the outer surface of the first component (column 5 lines 16 to 52; see Figures 2 and 3C).
Referring to claim 5, Hord et al. in view of Fishman disclose the attachment according to claim 1, Hord et al. disclose wherein the first and second components (32) are alterable between an attached state wherein the first and second components are coupled together (see Figure 2) and Fishman discloses the first and second cavities form the chamber (14) and a detached state, and wherein when the first and second components (12a and 12b) are in the attached state the electronic device is inaccessible (column 5 lines 25 to 35; see Figure 2).
Referring to claim 7, Hord et al. in view of Fishman disclose the attachment according to claim 1, Hord et al. disclose wherein each of the first component and the second component comprises a housing (32) formed of a rigid material (i.e. the monitoring assembly 30 may include a casing 32 coupled to the collar 20, such as to the front or neck-side of the collar 20, the casing 32 having a single continuous wall or multiple walls that define an interior area) (page 1 paragraph 0020; see Figure 1).
Claims 6 and 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Hord et al. (Pub. No. 2018/0125038) in view of Fishman (US# 6,944,985) as applied to claim 1, and further in view of Sarazyn (Pub. No. 2014/0331942).
Referring to claim 6, Hord et al. in view of Fishman disclose the attachment according to claim 1, however, Hord et al. in view of Fishman did not explicitly disclose wherein at least one of the first component and the second component comprises an interface configured to operably couple the attachment to an electronic device to at least one of charge the electronic device, provide information to the electronic device, or receive information from the electronic device.
In the same field of endeavor of a portable identification device in pet collar, Sarazyn teaches that wherein at least one of the first component and the second component comprises an interface (18) configured to operably couple the attachment to an electronic device (59) (i.e. a circuit board such as 59, see Figure12B) to at least one of charge the electronic device, provide information to the electronic device, or receive information from the electronic device (page 3 paragraph 0059; page 4 paragraph 0069; see Figures 9A and 12B).
At the time of the effective filing date of the current application, it would have been obvious to a person of ordinary skill in the art to recognize the need for having the connection port to charging the battery inside the case of the feedback collar taught by Sarazyn in the casing having the single continuous walls or multiple walls that define the interior area of the casing that store the monitoring device of Hord et al. in view of Fishman because having the connection port to charging the battery inside the case of the feedback collar would provide a way to charge the battery of the electronic device inside the case without disassembly the case
Referring to claim 8, Hord et al. in view of Fishman disclose the attachment according to claim 1, Sarazyn discloses further comprising:
a first collar coupler (17) extending from the outer surface of the first component (16), the first collar coupler defining a first passageway (i.e. the feedback collar (FCA) 1 is comprised of an array of components including a bottom casing 16 that provides an attachment means 17 to interface with a standard/off-the-shelf collar 3 (e.g., as shown in FIG. 1B) or a means for connecting to an included collar (e.g., as shown in FIG. 1C)) (page 3 paragraph 0059; see Figure 1C);
a second collar coupler (80) extending from the outer surface of the second component (40), the second collar coupler (80) defining a second passageway (i.e. the accessory add-on 40 possesses a male accessory communication port 41 to plug into the Port 18 and male attachment interface 42 that creates a secure attachment with the female accessory attachment interface 19 on the FC/FCA 1 and an attachment means 80 that would secure the accessory add-on to an included and/or standard/off-the-shelf collar) (page 4 paragraph 0069; see Figures 9A and 9B); and
wherein the first passageway is configured to receive a first portion of the wearable collar and the second passageway is configured to receive a second portion of the wearable collar to couple the wearable collar (3) to the attachment (i.e. an FCA 1 interfaced with an accessory add-on 40 attached to a standard/off-the-shelf pet collar 3 with leash attachment 4) (page 4 paragraphs 0069-0070; see Figures 9C-10B).
Referring to claim 9, Hord et al. in view of Fishman and Sarazyn disclose the attachment according to claim 8, Sarazyn discloses further comprising:
the first collar coupler (17) comprising a first wall extending from the outer surface of the first component (1), a second wall extending from the outer surface of the first component, and a first top wall extending between the first and second walls, the first passageway defined between an inner surface of the first top wall and the outer surface of the first component (page 3 paragraph 0059; see Figure 1C);
the second collar coupler (80) comprising a third wall extending from the outer surface of the second component (40), a fourth wall extending from the outer surface of the second component, and a second top wall extending between the first and second walls, the first passageway defined between an inner surface of the second top wall and the outer surface of the first component (page 4 paragraph 0069; see Figures 9A and 9B);
wherein when the first and second components are coupled together, the first and second passageways are aligned with one another; and wherein the first and second portions of the wearable collar are located within the first and second passageways, respectively, when the first and second components are coupled together and when the first and second components are detached (page 4 paragraphs 0069-0070; see Figures 9C-10B and 11C).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Refer to the enclosed PTO-892 for details.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NAM V NGUYEN whose telephone number is 571-272-3061. Fax number is (571) 273-3061. The examiner can normally be reached on 8:00AM-5:00PM Monday to Friday.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Quan-Zhen Wang can be reached on 571-272-3114. The fax phone numbers for the organization where this application or proceeding is assigned are 571-273-8300 for regular communications.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free).
/NAM V NGUYEN/
Primary Examiner, Art Unit 2685
Prosecution Insights