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 .
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 recites “a front legs of the dog”, which should be “front legs of the dogs”. 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 2-12 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.
Regarding claim 2, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Dependent claims 3-12 fail to solve the deficiency.
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 1-5, 13, 16, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Burns Baker (US 20150173325), in view of Carter (US 20070138831).
Regarding claim 1, Burns Baker teaches of (fig. 2) a cushion and protector device that provides a user with a cushioned pad for dogs while riding in a vehicle (abstract, cushioning member for a car window for dogs riding in a vehicle), the cushion and protector device comprising:
a body component (cushion member 12 and handle 22);
wherein the body component is configured in a rectangular shape that fits over a vehicle door (seen in fig. 2);
wherein the body component comprises a padded flap section (cushion member 12) secured to a vehicle door (seen in fig. 2); and
wherein the padded flap section (12) offers a soft, comfortable resting place for dogs’ paws (seen in fig. 1).
Burns Baker does not appear to teach of wherein the body component comprises a magnetic section and the magnetic section prevents a dog’s nails from scratching a vehicle’s exterior.
Carter teaches of (fig. 2) wherein the body component (first and second fabric halves 12, 14, intermediate section 16) comprises a magnetic section (fabric half 12 has magnets 20) and the magnetic section prevents a dog’s nails from scratching a vehicle’s exterior (seen in fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Carter of wherein the body component comprises a magnetic section and the magnetic section prevents a dog’s nails from scratching a vehicle’s exterior in order to quickly secure the body component to the door and prevent the dog’s nails from damaging the car’s exterior.
Regarding claim 2, Burns Baker as modified teaches of claim 1, and wherein the cushion and protector device is used with a pet, such as a dog or cat (seen in fig. 1).
Regarding claim 3, Burns Baker as modified teaches of claim 2, and (fig. 1) wherein the padded flap section (12) is positioned to cover a window ledge and a door shelf of a vehicle (seen in fig. 1).
Regarding claim 4, Burns Baker as modified teaches of claim 3, and (fig. 3) wherein the padded flap section (12) comprises a support surface (surface of cushion member 12) extending inwardly from a side window and sized and shaped to accommodate at least front legs of the dog (seen in fig. 1).
Regarding claim 5, Burns Baker as modified teaches of claim 4, and (fig. 3) wherein the support surface is covered by a surface cover (outer skin 30 is a cover) comprised of a cushioned material (the surface cover 30 is a material that gives some cushioning).
Regarding claim 13, Burns Baker teaches of (fig. 2) a cushion and protector device that provides a user with a cushioned pad for dogs while riding in a vehicle (abstract, cushioning member for a car window for dogs riding in a vehicle), the cushion and protector device comprising:
a body component (cushion member 12 and handle 22);
wherein the body component is configured in a rectangular shape that fits over a vehicle door (seen in fig. 2);
wherein the body component comprises a padded flap section (cushion member 12) secured to a vehicle door (seen in fig. 2);
wherein the padded flap section offers a soft, comfortable resting place for dogs’ paws and is positioned to cover a window ledge and a door shelf of a vehicle (seen in fig. 1);
wherein the padded flap section (12) comprises a support surface (surface of cushion member 12) extending inwardly from a side window and sized and shaped to accommodate at least front legs of the dogs (seen in fig. 1);
wherein the support surface is covered by a surface cover (fig. 3, outer skin 30 is a cover) comprised of a cushioned material (the surface cover 30 is a material that gives some cushioning);
wherein the padded flap section (12) extends across the window ledge and door shelf (seen in fig. 2) and a flexible section (section that bends over and down the interior of the vehicle) extends down an interior of a vehicle door (seen in fig. 2) to protect the vehicle door from scratches and dirt (covering the interior of a vehicle door protects the vehicle door from scratches and dirt).
Burns Baker does not appear to teach of wherein the body component comprises a magnetic section;
wherein the magnetic section prevents a dog’s nails from scratching a vehicle’s exterior and is positioned over a window ledge and extends down over an exterior of the vehicle door; and
further wherein interior of the magnetic section comprises magnets to releasably secure the magnetic section to a vehicle door for protection.
Carter teaches of (fig. 2) wherein the body component (first and second fabric halves 12, 14, intermediate section 16) comprises a magnetic section (fabric half 12 has magnets 20);
wherein the magnetic section prevents a dog’s nails from scratching a vehicle’s exterior (seen in fig. 2) and is positioned over a window ledge and extends down over an exterior of the vehicle door (seen in fig. 2); and
further wherein interior of the magnetic section comprises magnets (20) to releasably secure the magnetic section to a vehicle door for protection (magnets are releasably secured to the vehicle door).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Carter of wherein the body component comprises a magnetic section; wherein the magnetic section prevents a dog’s nails from scratching a vehicle’s exterior and is positioned over a window ledge and extends down over an exterior of the vehicle door; and further wherein interior of the magnetic section comprises magnets to releasably secure the magnetic section to a vehicle door for protection in order to quickly secure the body component to the exterior of the door and protect the exterior of the door from damages.
Regarding claim 16, Burns Baker as modified teaches of claim 13, but does not appear to teach of wherein the body component is biased to lay flat when not in use, but has flexible joints that bend easily during installation over the window ledge of the vehicle door.
Carter teaches of (fig. 2) wherein the body component (12, 14, 16) is biased to lay flat when not in use (seen in fig. 1), but has flexible joints (16) that bend easily during installation over the window ledge of the vehicle door (fig. 2, ¶0021, intermediate section 16 has fold lines 18 to bend easily during installation over the window ledge of the vehicle door).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Bake to incorporate the teachings of Carter of wherein the body component is biased to lay flat when not in use, but has flexible joints that bend easily during installation over the window ledge of the vehicle door in order to easily store the device away by laying it flat and to be able to easily bend and flex the device into various positions over window ledges.
Regarding claim 19, Burns Baker as modified teaches of claim 13, and wherein the flexible section is secured to the interior of the vehicle door via hook and loop fasteners (fig. 3, ¶0013, Velcro on connecting members 18a and 18b secures the flexible section to the interior of the vehicle door when it is positioned over the window ledge).
Regarding claim 20, Burns Baker teaches of (fig. 2) a method of protecting a vehicle door and cushioning an animal when riding in a vehicle (abstract, cushioning member for a car window for dogs riding in a vehicle), the method comprising the following steps:
providing a cushion and protector device comprising a body component (cushion member 12 and handle 22) and a padded flap section (cushion member 12);
positioning the padded flap section on a window ledge of the vehicle (seen in fig. 1);
securing the padded flap section (12) via hook and loop fasteners attached to the interior of the vehicle door (fig. 3, Velcro 18a, 18b is attached to the interior of the vehicle door when the device is placed over the window ledge such that it secures the padded flap section to the interior of the vehicle door); and
allowing a dog to sit on the padded flap section while riding in a vehicle (fig. 1, a dog could sit on the padded flap section while riding in a vehicle).
Burns Baker does not appear to teach of providing a cushion and protector device comprising a magnetic section;
securing the magnetic section to an exterior of the vehicle’s door to prevent scratches;
and protecting the vehicle door from scratches via the magnetic section.
Carter teaches of (fig. 2) providing a cushion and protector device comprising a magnetic section (fabric half 12 has magnets 20);
securing the magnetic section to an exterior of the vehicle’s door to prevent scratches (seen in fig. 2);
and protecting the vehicle door from scratches via the magnetic section (fig. 2, covering the exterior of the vehicle door with the magnetic section protects the door from scratches).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Carter of providing a cushion and protector device comprising a magnetic section; securing the magnetic section to an exterior of the vehicle’s door to prevent scratches; and protecting the vehicle door from scratches via the magnetic section in order to quickly secure the body component to the exterior of the door and protect the exterior of the door from damages.
Claims 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Burns Baker, as applied to claim 5 above, and further in view of Stewart (US 4860689).
Regarding claim 6, Burns Baker as modified teaches of claim 5, but does not appear to teach of wherein the surface cover is secured to the support surface by an adhesive.
Stewart teaches of (fig. 2) wherein the surface cover is secured to the support surface by an adhesive (col. 2 line 66-col. 3 line 6, The cover 35 may be fixed to the pad 37 and plate 33 by glue or like)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Stewart of wherein the surface cover is secured to the support surface by an adhesive in order to affix the cover to the padded flap section to protect the padded flap section material.
Regarding claim 7, Burns Baker as modified teaches of claim 6, and (fig. 2) wherein the padded flap section (12) extends across the window ledge and door shelf (seen in fig. 2) and a flexible section (section that bends over and down the interior of the vehicle) extends down an interior of a vehicle door (seen in fig. 2) to protect the vehicle door from scratches and dirt (covering the interior of a vehicle door protects the vehicle door from scratches and dirt).
Regarding claim 8, Burns Baker as modified teaches of claim 7, and wherein the flexible section is secured to the interior of the vehicle door via hook and loop fasteners (fig. 3, ¶0013, Velcro on connecting members 18a and 18b secures the flexible section to the interior of the vehicle door when it is positioned over the window ledge).
Regarding claim 9, Burns Baker as modified teaches of claim 8, but does not appear to teach of wherein the magnetic section is positioned over a window ledge and extends down over an exterior of the vehicle door.
Carter teaches of (fig. 2) wherein the magnetic section (12) is positioned over a window ledge and extends down over an exterior of the vehicle door (seen in fig. 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Carter of wherein the magnetic section is positioned over a window ledge and extends down over an exterior of the vehicle door in order to protect the exterior of the vehicle door when the device is placed over the window ledge.
Regarding claim 10, Burns Baker as modified teaches of claim 9, but does not appear to teach of wherein interior of the magnetic section comprises magnets to releasably secure the magnetic section to a vehicle door for protection.
Carter teaches of wherein interior of the magnetic section comprises magnets (fig. 2, magnets 20) to releasably secure the magnetic section to a vehicle door for protection (magnets are releasably secured to the vehicle door).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Carter of wherein interior of the magnetic section comprises magnets to releasably secure the magnetic section to a vehicle door for protection in order to attach and detach the device from the vehicle door and allow the user to reposition and reuse the device.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Burns Baker, as applied to claim 10 above, and further in view of Cassese (US 5205606).
Regarding claim 11, Burns Baker as modified teaches of claim 10, but does not appear to teach of wherein the body component can be manufactured in various colors and designs for aesthetic purposes.
Cassese teaches of wherein the body component can be manufactured in various colors and designs for aesthetic purposes (col. 2 lines 53-57, The pad can be of any size, shape and color, so that the pad 22 can better match with the interior or exterior of the motor vehicle 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Cassese of wherein the body component can be manufactured in various colors and designs for aesthetic purposes in order to better match with the interior or exterior of the motor vehicle as motivated by Cassese in col. 2 lines 53-57.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Burns Baker, as applied to claim 11 above, and further in view of Popitz et al. (US 20200155395), hereinafter Popitz.
Regarding claim 12, Burns Baker as modified teaches of claim 11, but does not appear to teach of wherein the body component can be manufactured with anti-microbial or hypoallergenic coatings.
Popitz is in the field of padding material and teaches of wherein the body component can be manufactured with anti-microbial or hypoallergenic coatings (¶0041, the cover over the body component of the pillow can be treated with an antimicrobial or anti-pest compound to reduce bacterial growth or inhibit the presence of pests. ¶0201, material of the pillow can be hypoallergenic).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Popitz of wherein the body component can be manufactured with anti-microbial or hypoallergenic coatings in order to reduce bacterial growth as motivated by Popitz in paragraph 0041 and prevent allergic reactions.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Burns Baker, as applied to claim 13 above, and further in view of Cassese (US 5205606).
Regarding claim 14, Burns Baker as modified teaches of claim 13, but does not appear to teach of wherein the body component can be manufactured in various colors and designs for aesthetic purposes.
Cassese teaches of wherein the body component can be manufactured in various colors and designs for aesthetic purposes (col. 2 lines 53-57, The pad can be of any size, shape and color, so that the pad 22 can better match with the interior or exterior of the motor vehicle 12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Cassese of wherein the body component can be manufactured in various colors and designs for aesthetic purposes in order to better match with the interior or exterior of the motor vehicle as motivated by Cassese in col. 2 lines 53-57.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Burns Baker, as applied to claim 13 above, and further in view of Popitz et al. (US 20200155395), hereinafter Popitz.
Regarding claim 15, Burns Baker as modified teaches of claim 13, but does not appear to teach of wherein the body component can be manufactured with anti-microbial or hypoallergenic coatings.
Popitz is in the field of padding material and teaches of wherein the body component can be manufactured with anti-microbial or hypoallergenic coatings (¶0041, the cover over the body component of the pillow can be treated with an antimicrobial or anti-pest compound to reduce bacterial growth or inhibit the presence of pests. ¶0201, material of the pillow can be hypoallergenic).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Popitz of wherein the body component can be manufactured with anti-microbial or hypoallergenic coatings in order to reduce bacterial growth as motivated by Popitz in paragraph 0041 and prevent allergic reactions.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Burns Baker, as applied to claim 13 above, and further in view of Downing (US 5700053).
Regarding claim 17, Burns Baker as modified teaches of claim 13, but does not appear to teach of further comprising a plurality of indicia.
Downing is in the field of cushioning devices and teaches of further comprising a plurality of indicia (fig. 3, col. 4 lines 6-19, Various types of indicia 46 can be placed on the covers. The indicia could similarly be placed directly on the outer surface 15 of the cushion body 16).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Downing of further comprising a plurality of indicia in order to use the device for marketing, promoting a brand or team, or for aesthetics as motivated by Downing in col. 4 lines 6-19.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Burns Baker, as applied to claim 13 above, and further in view of Stewart (US 4860689).
Regarding claim 18, Burns Baker as modified teaches of claim 13, but does not appear to teach of wherein the surface cover is secured to the support surface by an adhesive.
Stewart teaches of (fig. 2) wherein the surface cover is secured to the support surface by an adhesive (col. 2 line 66-col. 3 line 6, The cover 35 may be fixed to the pad 37 and plate 33 by glue or like)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Burns Baker to incorporate the teachings of Stewart of wherein the surface cover is secured to the support surface by an adhesive in order to affix the cover to the padded flap section to protect the padded flap section material.
Conclusion
The cited references made of record in the contemporaneously filed PTO-892 form and not relied upon in the instant office action are considered pertinent to applicant's disclosure, and may have one or more of the elements in Applicant’s disclosure and at least claim 1.
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/ZOE TAM TRAN/ Examiner, Art Unit 3647