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 Examination under 37 CFR 1.114 After Final Rejection
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/28/26 has been entered.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6, 9, 10, 11, 16, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (US 2019/0021285) in view of Wilhelm (US 2019/0021282).
For claims 1 and 16, Chen teaches a pet toy comprising:
a base (121) having a rounded bottom surface;
a stem (21) extending from the base;
a limb (221) diverging from the stem; and
a hanging toy (22) coupled to the limb.
Chen discloses most of the claimed invention except for mentioning wherein the rounded bottom surface includes a plurality of convex protrusions such that the rounded bottom surface is a continuous, textured surface configured to contact a surface supporting the base.
Wilhelm teaches that it is old and well known in the art to provide a pet toy having a rounded bottom surface (12,30,32; which is equivalent to Applicant’s rounded bottom surface (211)) wherein the rounded bottom surface includes a plurality of convex protrusions (32) such that the rounded bottom surface is a continuous, textured surface (equivalent to the continuous and textured surface of (30)) configured to contact a surface supporting the base.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom surface of Chen so as to include a rounded bottom surface includes a plurality of convex protrusions such that the rounded bottom surface is a continuous, textured surface configured to contact a surface supporting the base, in a similar manner as taught in Wilhelm, so as to allow the toy to wobble and provide entertainment for the pet.
For claim 6, Chen as modified by Wilhelm (emphasis on Chen) further teach wherein the base (121) is a bowl including an inner surface defining a cavity.
For claim 9, Chen as modified by Wilhelm (emphasis on Chen) further teach the bowl (121) includes a panel (11,12) disposed above the cavity; the stem (21) is coupled to and extends from the panel; and the panel includes an aperture (122) configured to receive the loose toy.
For claim 10, Chen as modified by Wilhelm (emphasis on Chen) further teach wherein the bowl includes a weight (30) disposed at a bottom/center of the cavity.
For claim 11, Chen as modified by Wilhelm (emphasis on Wilhelm) further teach wherein the plurality of convex protrusions (32) are configured to cause the pet toy to wobble back and forth along a non-linear pathway (It is noted that claiming of an element to perform certain action is intended or desired use and is not a positive limitation but only requires the ability to so perform, therefore, it does not constitute a limitation in any patentable sense. Further, note that it is well settled case law that such limitations, which are essentially method limitations or statements or intended or desired use, do not serve to patentably distinguish the claimed structure over that of the reference).
For claim 18, Chen as modified by Wilhelm (emphasis on Chen) further teach wherein the bowl includes a panel (11,12) disposed above the cavity including at least one aperture (122) configured to receive the loose toy, the stem (21) coupled to and extending from the panel.
Claims 2-5, 19, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over the references as applied to claim 1 above, and further in view of Renforth et al. (US 2006/0054105).
For claims 2 and 19, as described above, the references as applied to claim 1 above disclose most of the claimed invention except for mentioning wherein the hanging toy includes: a body; and a cord extending from the body and coupled the limb.
Renforth et al. teach that it is old and well known in the art to provide the hanging toy includes: a body (106); and a cord (108) extending from the body and coupled the limb (104).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pet toy assembly of the references as applied to claim 1 above so as to include the hanging toy includes: a body; and a cord extending from the body and coupled the limb, in a similar manner as taught in Renforth et al., so as to keep pets entertained and/or distracted when left alone.
For claims 3 and 19, the references as applied to claim 1 above as modified by Renforth et al. (emphasis on Renforth et al) further teach wherein the body (106) includes: a cover;
a compartment within the cover; and a filler material disposed within the compartment (see [0027]-[0029]).
For claims 4 and 20, the references as applied to claim 1 above as modified by Renforth et al. (emphasis on Renforth et al) further teach wherein the filler material includes catnip (see [0027]-[0029]).
For claim 5, the references as applied to claim 1 above as modified by Renforth et al. (emphasis on Renforth et al) further teach wherein the cord is comprised of an elastic material (see [0027]-[0029]).
Claims 7, 8, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over the references as applied to claim 1 above, and further in view of Bentz (US 2019/0239481).
For claims 7, 8 and 17, as described above, the references as applied to claim 1 above disclose most of the claimed invention except for mentioning a loose toy disposed within the cavity of the bowl, and wherein the loose toy includes a noisemaker.
Bentz teaches that it is old and well known in the art to provide a loose toy (40,140,160,170,180) disposed within the cavity of the bowl (10,30), and wherein the loose toy includes a noisemaker (see [0020],[0021]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pet toy assembly of the references as applied to claim 1 above so as to include a loose toy disposed within the cavity of the bowl and wherein the loose toy includes a noisemaker, in a similar manner as taught in Bentz, so as to keep pets entertained and/or distracted when left alone.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim 12 is rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Wilhelm (US 2019/0021282).
For claim 12, Wilhelm teaches a pet toy comprising:
a base having a continuous rounded bottom surface (12,32,30);
a stem (14) extending from the base;
a plurality of branches (16, 18, 20) diverging from the stem; and
a plurality of hanging toys (60), one of the plurality of hanging toys being coupled to a respective one of the plurality of branches, wherein the rounded bottom surface (12,30,32; which is equivalent to Applicant’s rounded bottom surface (211)) includes a plurality of convex protrusions (32) such that the rounded bottom surface is a continuous, textured surface (equivalent to the continuous and textured surface of (30)) configured to contact a surface supporting the base.
Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wilhelm (US 2019/0021282) in view of Renforth et al. (US 2006/0054105).
For claims 13 and 14, as described above, Wilhelm discloses most of the claimed invention except for mentioning wherein each hanging toy of the plurality of hanging toys includes: a body including a compartment; a filler material such as cat nip disposed within the compartment; and a cord extending between the body and one of the plurality of branches.
Renforth et al. teach that it is old and well known in the art to provide
a plurality of hanging toys includes: a body (106) including a compartment; a filler material such as cat nip (see [0027]) disposed within the compartment; and a cord (108) extending between the body and one of the plurality of branches (104).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pet toy assembly of Wilhelm so as to include a plurality of hanging toys includes a body, a filler material, and a cord, in a similar manner as taught in Renforth et al., so as to keep pets entertained and/or distracted when left alone.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wilhelm (US 2019/0021282) in view of Bentz (US 2019/0239481).
For claim 15, as described above, Wilhelm discloses most of the claimed invention except for mentioning a loose toy disposed within the cavity of the bowl, and wherein the loose toy includes a noisemaker.
Bentz teaches that it is old and well known in the art to provide a loose toy (40,140,160,170,180) disposed within the cavity of the bowl (10,30), and wherein the loose toy includes a noisemaker (see [0020],[0021]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the pet toy assembly of Wilhelm so as to include a loose toy disposed within the cavity of the bowl and wherein the loose toy includes a noisemaker, in a similar manner as taught in Bentz, so as to keep pets entertained and/or distracted when left alone.
Response to Arguments
Applicant's arguments filed on 1/28/26 have been fully considered but they are not persuasive. Applicant argues that none of the prior arts (Chen and Wilhelm) teach the rounded bottom surface includes a plurality of convex protrusions such that the rounded bottom surface is a continuous, textured surface configured to contact a surface supporting the base. However, it is noted that Wilhelm does teach that it is old and well known in the art to provide a pet toy having a rounded bottom surface (12,30,32; which is equivalent to Applicant’s rounded bottom surface (211)) wherein the rounded bottom surface includes a plurality of convex protrusions (32) such that the rounded bottom surface is a continuous, textured surface (equivalent to the continuous and textured surface of (30)) configured to contact a surface supporting the base.
Conclusion
Note, although the examiner recites certain excerpts for the prior art, MPEP 2141.02 VI states “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS”.
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/TRINH T NGUYEN/Primary Examiner, Art Unit 3644