DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claims 1-10 are currently pending.
Claim Objections
Claim 1 is objected to because of the following informalities: claim 1 recites “A pet leash device, comprising a base, an upper shell, a reel, a leash, a leash extractor, and a damping assembly, wherein….” Please amend the claim language to make it clear that the elements following “wherein” are positively claimed. Appropriate correction is required.
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.
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 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Publication NO. 2017/0142935 to Max et al. (“Max”) in view of U.S. Publication No. 2011/0126778 to Mitchell (“Mitchell”).
Regarding claim 1, Max teaches a pet leash device (see embodiment shown in FIGS. 17-23), comprising a base (106), an upper shell (104), a reel (126), a leash (21), and a damping assembly (146, 148, 140, 174), wherein a rotating shaft (132) is arranged on an end surface of the base, the reel is arranged around the rotating shaft, and the leash is wound in an annular groove on a side wall of the reel (FIGS. 17-23); the upper shell is detachably connected to the base (FIG. 18); the damping assembly is arranged on the end surface of the base, and the damping assembly comprises a first gear (146), a second gear (148), a fixing member (140), a spring (174); at least two fixing sleeves (170, 176, and the screws shown at the very top in FIG. 18) are arranged on the base, and the fixing member is detachably connected to a top of each of the at least two fixing sleeves (FIG. 18); the spring and the first gear are arranged on a same one of the at least two fixing sleeves (see 176 in FIG. 18), a second end of the spring is pressed against the end surface of the base, a first side of the first gear is in friction contact with a bottom surface of the fixing member, (FIG. 18); the second gear is slidably arranged on the fixing member, and forms a clutch structure with the first gear (FIG. 18); and a ring gear (158) is arranged on one side of the reel, and the ring gear is meshed with the second gear (FIG. 18).
Max does not explicitly teach a leash extractor, wherein the leash extractor is detachably connected to an edge of the base to guide the leash to extend out of the upper shell; and a notch matching the leash extractor is provided on a side wall of the upper shell.
Mitchell teaches a pet leash device, comprising a leash extractor (see 36, FIG. 1), wherein the leash extractor is detachably connected to an edge of the base to guide the leash to extend out of the upper shell (FIGS. 1, 2); and a notch (see 36, FIG. 2) matching the leash extractor is provided on a side wall of the upper shell.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the pet leash device of Max so that it further includes a leash extractor, as taught by Mitchell, in order to better control the extension of the leash.
Max does not explicitly teach a gasket, wherein a first end of the spring is pressed against the gasket, and a second side of the first gear is in friction contact with an end surface of the gasket.
At the time of the invention, however, it was well known in the art to incorporate a gasket into a gear arrangement. It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the pet leash device of the Max and Mitchell combination so that it further includes a gasket, in order to improve operation of the gears.
Regarding claim 2, the combination of Max and Mitchell teaches each and every element of claim 1, as discussed above, and Max further teaches wherein the damping assembly further comprises at least one positioning column (149) and at least one positioning hole, the at least one positioning column is arranged on the end surface of the base, the at least one positioning hole is provided on the fixing member, and a top of the at least one positioning column is arranged in the at least one positioning hole (FIG. 18 note: the claim recitations “arranged on/in” and “provided on” are broad).
Regarding claim 3, the combination of Max and Mitchell teaches each and every element of claim 2, as discussed above, and Max further teaches wherein the damping assembly further comprises a first slide groove (hole through which 147 extends, see FIG. 18), a second slide groove (hole through which 147 extends, see FIG. 18), and two connecting blocks (147); the first slide groove is provided on the end surface of the base, and the second slide groove is provided on the fixing member; and the two connecting blocks are respectively coaxially arranged on two sides of the second gear, and are respectively slidably connected to the first slide groove and the second slide groove (FIG. 18; note: the claim recitations “arranged on” and “provided on” are broad).
Regarding claim 4, the combination of Max and Mitchell teaches each and every element of claim 1, as discussed above, and Mitchell further teaches wherein a slot is provided on the leash extractor, and the slot is arranged parallel to the base (FIG. 1; note: the claim recitation “provided on” is broad).
Regarding claim 5, the combination of Max and Mitchell teaches each and every element of claim 1, as discussed above, and Max further teaches wherein a fixing pin (131) is detachably connected in the annular groove on the side wall of the reel, and the fixing pin is connected to one end of the leash (FIG. 18; note: the claim recitations “connected in” and “connected to” are broad).
Regarding claim 8, the combination of Max and Mitchell teaches each and every element of claim 1, as discussed above, and Max further teaches a manual lock, wherein the manual lock is arranged in the upper shell, and the manual lock comprises a lining plate, a movable plate, and two locking blocks; the lining plate is detachably connected to an inner wall of the upper shell, the movable plate is slidably connected to an end surface of the lining plate, and the two locking blocks are respectively arranged on two sides of the movable plate; and a first through hole is provided on the lining plate to allow one of the two locking blocks to extend out of the lining plate and engage with teeth on another side of the reel, and a second through hole is provided on an end surface of the upper shell to allow the other one of the two locking blocks to extend out of the upper shell (FIG. 18; it is again noted that the claim language is broad).
Regarding claim 9, the combination of Max and Mitchell teaches each and every element of claim 1, as discussed above, and Max further teaches wherein a buffer is arranged at an end of the leash extending out of the upper shell (FIG. 17).
Regarding claim 10, the combination of Max and Mitchell teaches each and every element of claim 8, as discussed above, and Max further teaches wherein a protective casing is detachably connected to a surface of the upper shell, clearance slots are provided on the protective casing, and the clearance slots are configured to allow the leash extractor and one of the locking blocks to respectively extend out (FIG. 18; it is again noted that the claim language is broad).
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Max in view of Mitchell as applied to claim 1 above, and further in view of U.S. Patent No. 6904872 to Muller (“Muller”).
Regarding claims 6 and 7, the combination of Max and Mitchell teaches each and every element of claim 1, as discussed above, but it does not explicitly teach wherein a sink is provided on a top surface of the reel, a coil spring is detachably connected in the sink, a first end of the coil spring is connected to the rotating shaft, and a second end of the coil spring is connected to a mounting plate in the sink; and wherein a cover plate is detachably connected at an opening of the sink, and a top of the cover plate is rotatably connected to an inner wall of the upper shell.
Muller teaches a pet leash device, wherein a sink is provided on a top surface of the reel, a coil spring is detachably connected in the sink, a first end of the coil spring is connected to the rotating shaft, and a second end of the coil spring is connected to a mounting plate in the sink; and wherein a cover plate is detachably connected at an opening of the sink, and a top of the cover plate is rotatably connected to an inner wall of the upper shell (FIG. 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the pet leash device of the Max and Mitchell combination so that it includes the sink and coil spring, as taught by Muller, in order to improve the functioning of the gears.
Conclusion
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/MARISA V CONLON/ Examiner, Art Unit 3643