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 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 and 3-20 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 (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 1, the phrases “entirely through the chest panel” and “from the first side to the second side” are contradictory. Claims 19-20 recite similar issues.
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 (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 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(s) 1, 3, 5-6, 13-14, 16-17, and 20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kendall 20230217900.
Regarding claim 1, Kendall discloses a reversible harness for a pet comprising:
a chest panel (102b figure 1) having a first side and a second side opposite the first side (102b-1 and 102b-2 figure 6);
a first aperture defining an opening extending entirely through the chest panel from the first side to the second side of the chest panel (108 figure 6);
a first ring positioned in the opening and defining a first ring opening (110);
a first central strap extending across the opening of the first aperture and through the first ring opening of the first ring to moveably couple the first ring relative to the chest panel (104), the opening of the first aperture and first central strap configured to allow the first ring to extend outwardly at least primarily from the first side of the chest panel in a first position and outwardly at least primarily from the second side of the chest panel in a second position (figure 6 shows the ring extending outwardly from both sides);
a first plurality of straps coupled to the chest panel and configured to secure the chest panel to a chest of the pet (104a-e figure 4), the first plurality of straps including at least one first fastening member coupled to at least one strap of the first plurality of straps (402a/b);
a back panel (102a) having a first side and a second side opposite the first side (also represented in figure 6); and
a second plurality of straps coupled to the back panel and configured to secure the back panel to a back of the pet (such as the straps shown attaching connectors 402c/d in figure 4), the second plurality of straps including at least one second fastening member coupled to at least one strap of the second plurality of straps and configured to detachably couple to the at least one first fastening member (as shown, described, and understood),
wherein the reversible harness is adjustable between a first configuration in which the second side of the chest panel faces the first side of the back panel and a second configuration in which the first side of the chest panel faces the second side of the back panel (figure 4 clearly shows such capability, where a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art, because if the prior art structure is capable of performing the intended use, then it meets the claim).
Regarding claim 3, Kendall discloses the reversible harness of claim 1, wherein the first central strap is sandwiched between the first side and the second side of the chest panel and extends above and below the first aperture (figure 6).
Regarding claim 5, Kendall discloses the reversible harness of claim 1 further comprising: a second aperture defining an opening extending through the back panel from the first side to the second side of the back panel; a second ring positioned in the opening of the second aperture and defining a second ring opening; and a second central strap extending across the opening of the second aperture and through the second ring opening of the second ring to moveably couple the second ring relative to the back panel, the opening of the second aperture and second central strap configured to allow the second ring to extend outwardly at least primarily from the first side of the back panel in a first position and outwardly at least primarily from the second side of the back panel in a second position (figure 4 shows the same arrangement represented in figure 6 corresponding to 110c/111b in figure 4).
Regarding claim 6 Kendall discloses the reversible harness of claim 5, wherein the second central strap is sandwiched between the first side and the second side of the back panel and extends above and below the second aperture (also shown in figure 6).
Regarding claim 13, Kendall discloses the reversible harness of claim 1, wherein the chest panel defines one or more channels extending at least partially between the first side and second side of the chest panel and configured to adjustably couple the first plurality of straps to the chest panel (shown via the dotted lines in figure 4).
Regarding claim 14, Kendall discloses the reversible harness of claim 1, wherein the back panel defines one or more channels extending at least partially between the first side and second side of the back panel and configured to adjustably couple the second plurality of straps to the back panel (shown via the dotted lines in figure 4).
Regarding claim 16, Kendall discloses the reversible harness of claim 1, wherein the back panel includes a ring coupled to and extending outwardly from a periphery of the back panel (figure 1 shows back panel ring 110c extending outwardly from a periphery of the associated aperture 108 of the back panel).
Regarding claim 17, Kendall discloses the reversible harness of claim 1, wherein the chest panel and back panel are each comprised of a fabric material (paragraph 0017).
Regarding claim 20, Kendall discloses a reversible pet harness comprising: a chest panel having a first side and a second side opposite the first side; a first plurality of straps coupled to the chest panel and configured to secure the chest panel to a chest of a pet, the first plurality of straps including at least one first fastening member coupled to at least one strap of the first plurality of straps; a first aperture defining an opening extending entirely through the chest panel from the first side to the second side of the chest panel; a first ring positioned in the opening and defining a first ring opening; and a first central strap extending across the opening of the first aperture and through the first ring opening of the first ring to moveably couple the first ring relative to the chest panel, the opening of the first aperture and first central strap configured to allow the first ring to extend outwardly at least primarily from the first side of the chest panel in a first position and outwardly at least primarily from the second side of the chest panel in a second position; a back panel having a first side and a second side opposite the first side; a second plurality of straps coupled to the back panel and configured to secure the back panel to a back of the pet, the second plurality of straps including at least one second fastening member coupled to at least one strap of the second plurality of straps; a second aperture defining an opening extending entirely through the back panel from the first side to the second side of the back panel; a second ring positioned in the opening of the second aperture and defining a second ring opening; and a second central strap extending across the opening of the second aperture and through the second ring opening of the second ring to moveably couple the second ring relative to the back panel, the opening of the second aperture and second central strap configured to allow the second ring to extend outwardly at least primarily from the first side of the back panel in a first position and outwardly at least primarily from the second side of the back panel in a second position, wherein the reversible harness is adjustable between a first configuration in which the second side of the chest panel faces the first side of the back panel and a second configuration in which the first side of the chest panel faces the second side of the back panel, and wherein the at least one second fastening member engages the at least one first fastening member when the reversible harness is in the first configuration and the second configuration (see previous rejections).
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.
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.
Claim(s) 4, 7-8, 15, and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kendall.
Regarding claim 4, Kendall teaches the reversible harness of claim 1, wherein the first central strap is coupled to the chest panel (as previously shown/described); but does not specify fixedly.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such arrangement, in order to accommodate training preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 7, Kendall teaches the reversible harness of claim 5, wherein the second central strap is fixedly coupled to the back panel (see claim 4 rejection).
Regarding 8, Kendall teaches the reversible harness of claim 5, but does not specify wherein the first ring and second ring are each D-shaped rings.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such shaped rings, in order to accommodate training preferences; since it would have been an obvious matter of design choice to make the different portions of the rings of whatever form or shape was desired or expedient, because 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.
Regarding claim 15, Kendall teaches the reversible harness of claim 1, but does not specify wherein the first side of the chest panel includes a first pocket fixedly coupled to the first side of the chest panel, and wherein the second side of the chest panel includes a second pocket fixedly coupled to the second side of the chest panel.
However, pockets are known in the art (evidenced at least by Wagner 20200245592 paragraph 0056). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide pockets, in order to accommodate design preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 18, Kendall teaches the reversible harness of claim 1, but does not specify wherein the first side and second side of each of the chest panel and back panel include a color or pattern than that is different than each other first side and second side of each of the chest panel and back panel.
However, various fabric designs is well known. Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such combination of fabrics, in order to accommodate design preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Claim(s) 9-12 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kendall in view of Guo US 20230172164.
Regarding claim 9, Kendall teaches the reversible harness of claim 1, wherein the reversible harness is adjustable between the first configuration, the second configuration (see previous rejections), but does not specify a third configuration in which the second side of the chest panel faces the second side of the back panel, and a fourth configuration in which the first side of the chest panel faces the first side of the back panel.
Guo; however, teaches a combination of connectors that would enable such configurations (310/320 figure 2). Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the claimed invention, to provide such combination of connectors, in order to meet various training preferences; since all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in the respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art at the time of the invention.
Regarding claim 10, the references teach the reversible harness of claim 9, wherein the at least one second fastening member engages the at least one first fastening member when the reversible harness is in the third configuration and the fourth configuration (see previous rejections).
Regarding claim 11, the references teach the reversible harness of claim 9, wherein Guo further teaches the first plurality of straps includes four first fastening members and the second plurality of straps includes four second fastening members, each of the four first fastening members configured to detachably couple to any one of the four second fastening members (see previous rejections).
Regarding claim 12, the references teach the reversible harness of claim 1, wherein the back panel is detachable from the chest panel (see claim 9 rejection).
Regarding claim 19, the references teach a reversible pet harness comprising: a chest panel including a first side and a second side; a first aperture defining an opening extending entirely through the chest panel from the first side to the second side of the chest panel; a first ring positioned in the opening and defining a first ring opening; a first central strap extending across the opening of the first aperture and through the first ring opening of the first ring to moveably couple the first ring relative to the chest panel, the opening of the first aperture and first central strap configured to allow the first ring to extend outwardly at least primarily from the first side of the chest panel in a first position and outwardly at least primarily from the second side of the chest panel in a second position; a back panel including a first side and a second side, the back panel and chest panel oriented relative to one another such that the first side of the back panel faces the second side of the chest panel; and a plurality of straps detachably coupling the chest panel to the back panel, wherein the orientation of each of the chest panel and back panel are reversible relative to and independent of the other (see previous rejections).
Response to Arguments
Applicant's arguments filed 2/4/26 have been fully considered but they are not persuasive. Response to applicant’s arguments can be found in the updated rejections above.
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 JESSICA WONG whose telephone number is (571)272-7889. The examiner can normally be reached Monday through Friday from 8:00am to 4:30pm MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached at (571)272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JESSICA B WONG/Primary Examiner, Art Unit 3644