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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the following features must be shown or the feature(s) canceled from the claim(s):
In claims 1, 10, and 17, “wherein the body portion is a radio frequency identification device interwoven body”
No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: “radio frequency identification device interwoven body”.
Claim Objections
Claims 1, 10, and 17 are objected to because of the following informalities: The recitation “the body portion is a radio frequency identification device interwoven body” lacks grammatical consistency.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claims 1-2, 4-5, 7-10, 12-17, and 19 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites “wherein the body portion is a radio frequency identification device interwoven body” which is indefinite, because it is unclear if the recitation actually requires that the entirety of the body portion be an RFID, e.g., be made out of a chip or circuit, or if the body portion merely includes an RFID. In general, “radio frequency identification device interwoven body” is not a standard term in the art, nor is this terminology used in Applicant’s disclosure as originally filed. For example, Examiner notes that Applicant describes that, “the body component or portion 120 can be interwoven with RFID, radio frequency identification device, or NFC, near field communication technology, to track the location of the device 100 and the canine 10” in para. [0033], which is fundamentally different from saying that the body portion is an RFID interwoven body. Claims 10 and 17 are likewise rejected, and dependent claims 2, 4-5, 8-10, 12-16, and 19 fail to cure the deficiency.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
a) Determining the scope and contents of the prior art.
b) Ascertaining the differences between the prior art and the claims at issue.
c) Resolving the level of ordinary skill in the pertinent art.
d) Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4-5, 7-10, 12-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (US 2005/0241188 A1), hereinafter Yun, in view of Jacobsen et al. (US 2018/0132559 A1), hereinafter Jacobsen, and Gunn et al. (US 2016/0157466 A1), hereinafter Gunn.
Regarding claim 1, Yun discloses a dog paw boot with movement activated lighting device (canine footwear 10; fig. 11) comprising:
a base portion (sole 16; fig. 11);
a body portion (shoe wall 14; fig. 11);
a battery pack (para. [0047], regarding the light assembly includes circuitry to control the flashing of the lights, as well as a power source for the lights); and
an illuminator (light assembly 42; fig. 11).
Yun does not appear to specifically disclose wherein the body portion is a radio frequency identification device interwoven body; and wherein the illuminator is configured to change an illumination color.
However, Jacobsen is in the field of tracking electronics for shoes (abstract) and teaches wherein the body portion is a radio frequency identification device interwoven body (para. [0017], regarding cushion 21 can be configured to include embedded therein device 12 for receiving and transmitting signals with an interrogation device; para. [0021], regarding device 12 can be configured as a radio frequency identification (RFID) tag; fig. 1; see also related rejection under §112(b) detailed hereinabove).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Yun such that the body portion is a radio frequency identification device interwoven body as taught by Jacobsen, with a reasonable expectation of success, in order to ensure that the dog paw boot is easily trackable (see Jacobsen, para. [0017]).
Furthermore, Gunn is in the field of pet walking devices (abstract) and teaches wherein the illuminator is configured to change an illumination color (para. [0023], regarding the set of lights 106 may automatically create a pattern 402 to soothe the dog 204 when the dog 204 being walked by the walker 202 is agitated; the pattern 402 may be a strobe pattern, a color pattern, and/or a light therapy pattern; fig. 1A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Yun such that the illuminator is configured to change an illumination color as taught by Gunn, with a reasonable expectation of success, in order to ensure that the dog paw boot can provide a soothing light color (see Gunn, para. [0023]).
Regarding claim 2, Yun as modified discloses the invention in claim 1, and further discloses the invention further comprising an adjustable strap positioned at a top end of said body portion for securing said paw boot to the dog paw (ankle strap 46, as shown in fig. 13; Examiner notes that the ankle strap 46 of fig. 13 is not mutually exclusive from the canine footwear 10 shown in fig. 11).
Regarding claim 4, Yun as modified discloses the invention in claim 2, and further discloses wherein said illuminator (42) embedded in said base portion (as shown in fig. 2).
Regarding claim 5, Yun as modified discloses the invention in claim 4, and further discloses wherein said base portion having a circular shape (as shown in fig. 10).
Regarding claim 7, Yun as modified discloses the invention in claim 5, and further discloses wherein said illuminator are LED lights (para. [0047], regarding the light assemblies comprise one or more light emitting diodes, although other sources of light are used in other embodiments).
Regarding claims 8-9, Yun as modified discloses the invention in claim 7, but does not appear to specifically disclose wherein said battery pack is rechargeable or replaceable.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to configure the invention such that said battery pack is rechargeable or replaceable, since the equivalence of generic batteries and rechargeable/replaceable batteries for their use in the mobile power art and the selection of any known equivalents to rechargeable/replaceable batteries would be within the level of ordinary skill in the art. Rechargeable/replaceable batteries are well-known and conventionally used to provide power to small, mobile electronic articles.
Regarding claim 10, Yun discloses a dog paw boot with movement activated lighting device (canine footwear 10; fig. 11) comprising:
a base portion (sole 16; fig. 11);
a body portion (shoe wall 14; fig. 11);
a battery pack (para. [0047], regarding the light assembly includes circuitry to control the flashing of the lights, as well as a power source for the lights);
an illuminator (light assembly 42; fig. 11); and
an adjustable strap (ankle strap 46; fig. 13);
wherein said illuminator are LED lights (see again para. [0047]); and
wherein said adjustable strap having a hook and loop fastener positioned at a top end of said body portion for securing said dog paw boot to the dog paw (para. [0051], regarding the ankle strap 46 optionally includes a hook-and-loop type fastener 50 that is used to tighten the strap around the dog's foot; fig. 13).
Yun does not appear to specifically disclose wherein the body portion is a radio frequency identification device interwoven body; and wherein the illuminator is configured to change an illumination pattern.
However, Jacobsen is in the field of tracking electronics for shoes (abstract) and teaches wherein the body portion is a radio frequency identification device interwoven body (para. [0017], regarding cushion 21 can be configured to include embedded therein device 12 for receiving and transmitting signals with an interrogation device; para. [0021], regarding device 12 can be configured as a radio frequency identification (RFID) tag; fig. 1; see also related rejection under §112(b) detailed hereinabove).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Yun such that the body portion is a radio frequency identification device interwoven body as taught by Jacobsen, with a reasonable expectation of success, in order to ensure that the dog paw boot is easily trackable (see Jacobsen, para. [0017]).
Furthermore, Gunn is in the field of pet walking devices (abstract) and teaches wherein the illuminator is configured to change an illumination pattern (para. [0023], regarding the set of lights 106 may automatically create a pattern 402 to soothe the dog 204 when the dog 204 being walked by the walker 202 is agitated; the pattern 402 may be a strobe pattern, a color pattern, and/or a light therapy pattern; fig. 1A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Yun such that the illuminator is configured to change an illumination pattern as taught by Gunn, with a reasonable expectation of success, in order to ensure that the dog paw boot can provide a soothing light color (see Gunn, para. [0023]).
Regarding claim 12, Yun as modified discloses the invention in claim 10, and further discloses wherein said illuminator (42) embedded in said base portion (as shown in fig. 2).
Regarding claim 13, Yun as modified discloses the invention in claim 12, and further discloses wherein said base portion having a circular shape (as shown in fig. 10).
Regarding claim 14, Yun as modified discloses the invention in claim 13, and further discloses wherein said base portion having at least one bottom recessed area for maintaining traction of said paw boot (see again para. [0037]; fig. 6).
Regarding claims 15-16, Yun discloses the invention in claim 14, but does not appear to specifically disclose wherein said battery pack is rechargeable or replaceable.
However, it would have been obvious to one having ordinary skill in the art at the time the invention was made to configure the invention such that said battery pack is rechargeable or replaceable, since the equivalence of generic batteries and rechargeable/replaceable batteries for their use in the mobile power art and the selection of any known equivalents to rechargeable/replaceable batteries would be within the level of ordinary skill in the art. Rechargeable/replaceable batteries are well-known and conventionally used to provide power to small, mobile electronic articles.
Regarding claim 17, Yun discloses a pet paw boot with movement activated lighting device (canine footwear 10; fig. 11) comprising:
a base portion (sole 16; fig. 11);
a body portion (shoe wall 14; fig. 11);
a battery pack (para. [0047], regarding the light assembly includes circuitry to control the flashing of the lights, as well as a power source for the lights);
an illuminator (light assembly 42; fig. 11); and
an adjustable strap (ankle strap 46; fig. 13);
wherein said illuminator are LED lights (see again para. [0047]); and
wherein said adjustable strap having a hook and loop fastener positioned at a top end of said body portion for securing said dog paw boot to the dog paw (para. [0051], regarding the ankle strap 46 optionally includes a hook-and-loop type fastener 50 that is used to tighten the strap around the dog's foot; fig. 13); and
wherein said base portion having at least one bottom recessed area for maintaining traction of said pet paw boot (see again para. [0037]; fig. 6).
Yun does not appear to specifically disclose wherein the body portion is a near field communication interwoven body; and wherein the illuminator is configured to change an illumination color and an illumination pattern.
However, Jacobsen is in the field of tracking electronics for shoes (abstract) and teaches wherein the body portion is a near field communication interwoven body (para. [0017], regarding cushion 21 can be configured to include embedded therein NFC device 12 for receiving and transmitting signals with an interrogation device; fig. 1; see also related rejection under §112(b) detailed hereinabove).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Yun such that the body portion is a near field communication interwoven body as taught by Jacobsen, with a reasonable expectation of success, in order to ensure that the dog paw boot is easily trackable (see Jacobsen, para. [0017]).
Furthermore, Gunn is in the field of pet walking devices (abstract) and teaches wherein the illuminator is configured to change an illumination color and an illumination pattern (para. [0023], regarding the set of lights 106 may automatically create a pattern 402 to soothe the dog 204 when the dog 204 being walked by the walker 202 is agitated; the pattern 402 may be a strobe pattern, a color pattern, and/or a light therapy pattern; fig. 1A).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the invention of Yun such that the illuminator is configured to change an illumination color and an illumination pattern as taught by Gunn, with a reasonable expectation of success, in order to ensure that the dog paw boot can provide a soothing light color (see Gunn, para. [0023]).
Regarding claim 19, Yun as modified discloses the invention in claim 17, and further discloses wherein said illuminator (46) embedded in said base portion (as shown in fig. 11).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 BRADY W FRAZIER whose telephone number is (469)295-9263. The examiner can normally be reached Monday-Friday 9:00am-5:00pm CT.
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/BRADY W FRAZIER/Primary Examiner, Art Unit 3648