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
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 5/12/2026 has been entered.
Notice to Applicant
Claims 1, 4-20 have been examined in this application. This communication is a non-final rejection in response to the “Amendments to the claims” and “Remarks” filed 5/12/2026.
Claim Rejections - 35 USC § 102
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 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, 4-18 are rejected under 35 USC 103 as being obvious over US patent Application Number 2012/0037094 by Kosanke.
Regarding claim 1¸ Kosanke discloses a poultry walking harness, comprising:
A body portion (catching pouch 112) comprising;
Opposing front and rear edges that, together, define a body portion width (top edge of notch 122 in rear-facing portion 116 and top edge of front-facing portion 114 in Figure 1); and
Opposing left and right side edges that, together, define a body portion length (left and right edges in Figure 1);
Neck straps connected to the front edge of the body portion and each extending in a forward direction (straps 108a and 108b, paragraph 46 discloses straps 108a, 108b being attached to harness-securing portion 106 on one end and waste receiver portion 110 on the other end, since couple assembly 104a attaches to 104b on the rear facing portion 116, the other end of straps 108a and 108b must be attached to the front-facing portion 114 in order to allow straps 108a, 108b to secure over the body of the poultry);
A leash connector (harness securing portion 106) connected to the straps to form, along with the neck straps and the body portion, a neck opening shaped to surround a neck of poultry (Since 116 in Figure 1 is the rear facing portion and 104a, 104b couple at the rear-facing portion, straps 108a and 108b connect to the front portion and form a neck opening);
Forward securing straps connected to at least one of the neck straps and the leash connector, and extending in the forward direction (left and right portions of upper body portion 102); and
Rear securing straps connected adjacent the rear edge of the body portion and extending in a rearward direction (portion of receiver portion 110 having couples 104b), the forward and rear securing straps having removably securable connectors configured to connect to one another and, thereby, secure the body portion to a body of the poultry (two-part couple 104a, 104b).
Kosanke does not explicitly disclose the body portion being longer in the length than in the width. However, it would have been an obvious matter of design choice to make the different portions of the catching pouch of whatever form or shape was desired or expedient to adequately fit the body of the bird. A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47.
Regarding claim 4 (dependent on claim 2), Kosanke does not disclose the width W is between one of: approximately 3 cm (1.18”) and approximately 31 cm (12.2”); approximately 3 cm (1.18”) and approximately 20 cm (7.87”); approximately 5 cm (1.97”) and approximately 15 cm (5.9”); and approximately 5 cm (1.97”) and approximately 10 cm (3.94”); and the length L is between one of: approximately 5 cm (1.97”) and approximately 61 cm (24”); approximately 5 cm (1.97”) and approximately 31 cm (12.2”); approximately 7 cm (2.76”) and approximately 20 cm (7.87”); and approximately 7 cm (2.76”) and approximately 15 cm (5.9”). However, it would have been an obvious matter of design choice to make the length and the width of whatever size is necessary to fit on different types of birds, 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).
Regarding claim 5 (dependent on claim 1), Kosanke discloses the body portion being one of rectangular shaped, rounded rectangular shaped, V-shaped, and ovular. Figure 1 shows the body portion being V-shaped.
Regarding claim 6 (dependent on claim 1), Kosanke discloses
The neck straps:
Comprise neck strap terminations connected to the leash connector (see connections between 108a/b and 106);
Extend from the front edge of the body portion to the neck strap terminations (see Figure 1).
Regarding claim 7 (dependent on claim 1), Kosanke discloses the forward securing straps are integral with the leash connector (paragraph 45 discloses “a harness-securing portion that is attached to or is part of the upper-body portion 102”), the rear securing straps are integral with the body portion (Figure 1 shows the portion of receiver portion 110 having couples 104b being integral with the rest of waste-catching pouch 112).
Kosanke does not explicitly disclose the neck straps are integral with the body portion, the leash connector is integral with the neck straps, the forward securing straps are integral with the leash connector, the forward securing straps are integral with the leash connector. However, paragraph 46 discloses straps 108a, 108b attached to harness-securing portion 106 at one end and to waste receiver portion 110 on the other end, but does not explicitly disclose whether this attachment is integral or removable. It would have been obvious to one having ordinary skill in the art at the time the invention was made to make the straps integrally attached to harness-securing portion 106 and waste receiver portion 110 in order to make it harder for the chickens to accidentally remove the harness, since it has been held that forming in one piece an article which has formerly been formed in two pieces and put together involves only routine skill in the art. Howard v. Detroit Stove Works, 150 U.S. 164 (1893).
Regarding claim 8 (dependent on claim 1), Kosanke discloses the neck straps are one of integral with the body portion and removably secured to the body portion, the leash connector is one of integral with the neck straps and removably secured to the neck straps, the forward securing straps are one of integral with the leash connector and removably secured to the leash connector, and the rear securing straps are one of integral with the body portion and removably secured to the body portion. Since Figure 1 shows the neck straps 108a/b connected to the body portion114, the leash connector 106 is connected to the neck straps 108a/b, the forward securing straps 102 are connected to the leash connector 106, and the rear securing straps (on which 104b are mounted) are connected with the body portion 116, the connection must be one of either integral (i.e. not removable) or removably secured.
Regarding claims 9 (dependent on claim 1), 10 (dependent on claim 1), 11 (dependent on claim 1), 12 (dependent on claim 1), Kosanke does not disclose the neckstraps are removably secured to the body portion, the leash connector is removably secured to the neck straps, the forward securing straps are removably secured to the leash connector, or the rear securing straps are movably secured to the body portion, respectively, with removably securing fasteners including at least one of hook-and-loop fasteners, snap fasteners, buttons, zip fasteners, hook and eye fasteners, magnetic fasteners, zippers, string ties, mushroom re-closable fasteners, removable adhesive tapes, and mixtures thereof. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to make different portions of the harness separable in order to allow different ways to secure the harness to the bird or to make the harness more adjustable, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179. Furthermore, it would be obvious to a person having ordinary skill in the art to use well-known types of removable fasteners such as one of hook-and-loop fasteners, snap fasteners, buttons, zip fasteners, hook and eye fasteners, magnetic fasteners, zippers, string ties, mushroom re-closable fasteners, removable adhesive tapes, and mixtures thereof to form a removable connection as needed.
Regarding claim 13 (dependent on claim 1), Kosanke discloses the forward securing straps are connected to the leash connector one of side-by-side and spaced apart from each other. Figure 1 shows straps 108a and 108b being spaced apart from each other.
Regarding claim 14 (dependent on claim 1), Kosanke discloses the forward securing straps are connected to the neck straps (via harness securing portion 106).
Regarding claim 15 (dependent on claim 1), Kosanke discloses the rear securing straps are connected to the body portion one of side-by-side and spaced apart from one another. Figure 1 shows the strap portions where couples 104b are mounted are spaced apart from one another.
Regarding claim 16 (dependent on claim 1), Kosanke discloses the body portion has a length defining a length axis, the neck straps are at respective angles to the length axis, and the rear securing straps are at respective angles to the length axis (see Figure 1).
Regarding claim 17 (dependent on claim 1), Kosanke discloses the leash connector comprises a loop shaped and configured to be removably connected to a clasp of a pet leash.
Regarding claim 18 (dependent on claim 1), Kosanke discloses the body portion, neck straps, the forward and rear securing straps, and the leash connector are comprised of a material selected form at least one of denim, cotton, nylon (see paragraph 49).
Claims 19-20 are rejected under 35 USC 103 as being obvious over US patent Application Number 2012/0037094 by Kosanke in view of US Patent Application Number 2013/0125836 by Kosanke (hereafter referred to as Kosanke ‘836).
Regarding claim 19¸ Kosanke discloses a poultry walking harness, comprising:
A body portion (catching pouch 112) having a front edge (see top edge of front-facing portion 114 in Figure 1) defining a forward direction (front facing portion 114) and a rear edge (see top edge of notch 122 in rear-facing portion 116 in Figure 1) defining a rearward direction opposite the forward direction (rear facing portion 116);
Neck straps connected to the body portion and each extending from the front edge in the forward direction (straps 108a and 108b);
A leash connector (harness securing portion 106) connected to the straps to form, along with the neck straps and the body portion, a neck opening shaped to surround a neck of poultry (Since 116 in Figure 1 is the rear facing portion and 104a, 104b couple at the rear-facing portion, straps 108a and 108b connect to the front portion and form a neck opening);
The body portion secured over at least a portion of a crop (the abstract discloses “a body portion shaped to cover a crop of poultry”).
Kosanke does not disclose at least one securing loop connected to the body portion, and securing straps each having a tail portion and an intermediate portion, each connected to at least one of the neck straps and the leash connector, each extending from the leash connector, and each having a length sufficient to pass through the at least one securing loop, each of the tail portions thereof configured to removably connected to the respective intermediate portion. However, this limitation is taught by Kosanke ‘836. Kosanke ‘836 discloses a poultry harness with straps 428, and paragraph 45 discloses “each lower strap portion 428 is pulled around the bird’s body, underneath its wings in a first direction toward the upper strap portion 427 of the opposite strap 420, 422 (i.e., in a cross-wise or diagonal direction, toward the front of the bird). The first sub-part 434a of each second couple part 432 is passed through the aperture in the first couple part 430 of the opposing strap 420, 422 and pulled backward in a second direction opposite from the first direction (i.e., in a cross-wise or diagonal direction, away from the front of the bird) to attach the first sub-part 434a to the second sub-part 434b of the same second couple part 432”. 430 therefore comprises the securing loops connected to the body portion and 434a and 434b comprise a tail portion and an intermediate portion that are removably connected to each other to secure the body portion to a body of the poultry. It would be obvious to a person having ordinary skill in the art to modify Kosanke using the teachings from Kosanke ‘836 to use a different type of strap attachment that allows for better length adjustment.
Kosanke ‘836 does not disclose the securing loop being a rear securing loop connected to the rear of the body portion and extending from the rear in the rearward direction and the securing straps being forward securing straps. However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to reverse the locations of the straps and the loops (or to turn the harness as shown in Figure 4 upside down) in order to attach the harness in different orientations, since it has been held that a mere reversal of the essential working parts of a device involves only routine skill in the art. In re Einstein, 8 USPQ 167.
Regarding claim 20¸ Kosanke discloses a poultry walking harness, comprising:
A body portion (catching pouch 112) having a front edge (see top edge of front-facing portion 114 in Figure 1) defining a forward direction (front facing portion 114) and a rear edge (see top edge of notch 122 in rear-facing portion 116 in Figure 1) defining a rearward direction opposite the forward direction (rear facing portion 116);
Neck straps connected adjacent the front edge of the body portion and each extending in the forward direction (straps 108a and 108b);
A leash connector (harness securing portion 106) connected to the straps to form, along with the neck straps and the body portion, a neck opening shaped to surround a neck of poultry (Since 116 in Figure 1 is the rear facing portion and 104a, 104b couple at the rear-facing portion, straps 108a and 108b connect to the front portion and form a neck opening);
The body portion secured over at least a portion of a crop (the abstract discloses “a body portion shaped to cover a crop of poultry”).
Kosanke does not disclose at least one forward securing loop connected to the front of the body portion, and rear securing straps each having a tail portion and an intermediate portion, each connected to the rear of the body portion and extending in the rearward direction from the body portion, and each having a length sufficient to pass through the at least one forward securing loop, each of the tail portions configured to removably connected to the respective intermediate portion. However, this limitation is taught by Kosanke ‘836. Kosanke ‘836 discloses a poultry harness with straps 428, and paragraph 45 discloses “each lower strap portion 428 is pulled around the bird’s body, underneath its wings in a first direction toward the upper strap portion 427 of the opposite strap 420, 422 (i.e., in a cross-wise or diagonal direction, toward the front of the bird). The first sub-part 434a of each second couple part 432 is passed through the aperture in the first couple part 430 of the opposing strap 420, 422 and pulled backward in a second direction opposite from the first direction (i.e., in a cross-wise or diagonal direction, away from the front of the bird) to attach the first sub-part 434a to the second sub-part 434b of the same second couple part 432”. 430 therefore comprises the securing loops connected to the body portion and 434a and 434b comprise a tail portion and an intermediate portion that are removably connected to each other to secure the body portion to a body of the poultry. It would be obvious to a person having ordinary skill in the art to modify Kosanke using the teachings from Kosanke ‘836 to use a different type of strap attachment that allows for better length adjustment.
Response to Arguments
Applicant's arguments filed 5/12/2026 have been fully considered but they are not persuasive.
Regarding the neck straps, forward securing straps, and rear securing straps, for clarity, refer to annotated Figure 1 of Kosanke below showing these straps. 102 corresponds to the forward securing straps, which is connected to leash connector 106 and extends in a forward direction, and the portions carrying couples 104b corresponds to rear securing straps connected to the rear edge of the body portion and extending in a rearward direction.
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Regarding the argument that the examiner has provided no evidence as to why the poultry diaper needs any length adjustment, adjusting the length would allow the harness to be sized for poultry of different sizes. Furthermore, regarding the argument that if adjustment were necessary, why wouldn’t the length of straps 108a be adjusted, first, applicant has provided no suggestion for how the length of straps 108a would be adjusted, and second, whether or not there are ways to adjust the length of straps 108a, Kosanke ‘836 still provides a teaching for a known way to provide adjustability.
Regarding the argument that adding loops and straps to the diaper harness would render the diaper harness unsatisfactory for its intended purpose, to capture poultry waste in the diaper, modifying Kosanke to use adjustable loops and straps would not affect the waste-catching portion 110, therefore it is unclear how this would interfere with the waste-catching’s ability to catch waste.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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, Josh Michener can be reached at 571-272-1467. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642
Prosecution Insights