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 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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 67-68 and 74 (as well as depdendent claims 69-86 due to dependency) are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, 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.
Claim 68 recites the limitation "the at least one bottom plate opening". There is insufficient antecedent basis for this limitation in the claim.
Claim 67 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being incomplete for omitting essential structural cooperative relationships of elements, such omission amounting to a gap between the necessary structural connections. See MPEP § 2172.01. The omitted structural cooperative relationships are: claim 67 recites the limitation, “a positional fixing assembly, comprising at least one pair of fixing buckle straps, each having one end secured to a first position or a second position on the animal bearing surface of the bottom plate, and the other end connected to the wearable device”, which is vague and indefinite since the pair of fixing buckle straps (Fig. 33b; 53354, 53360) alone do not enable one of ordinary skill to make and use the device. In all of the embodiments of the instant invention, the fixing buckle straps must be connected to the fixing pull straps (53340, 53344) in order to be connected to the wearable device.
Claim 74 recites the limitation "its third end". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 67-68 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moorman; Maurice D. (US 4597359 A) in view of Butts; Margaret M. (US 5529018 A).
Regarding claims 67-68 Moorman discloses an animal transport apparatus for securing an animal wearing a wearable device thereon (Fig. 4); (title), comprising: a bottom plate (Fig. 2; 14) providing an animal bearing surface; a side plate (25) connected to a first long side (all of the sides are long) of the bottom plate, and the bottom plate and the side plate being connected to form an L-shaped structure (L-shape shown in Fig. 2) as viewed from a side of the animal transport apparatus;
a positional fixing assembly, comprising at least one fixing buckle strap (Fig. 1; 34), having one end secured to a first position or a second position on the animal bearing surface of the bottom plate (37), and the other end connected to the wearable device (38); and a mounting structure (Fig. 4; 68, 70); (Col. 4, lines 20-25) located on the bottom plate, the animal transport apparatus being secured to a vehicle rear seat through the mounting structure.
Moorman does not disclose a second fixing buckle strap; and at least one pair of fixing pull straps, one end of each fixing pull strap connecting to one of the pair of fixing buckle straps to form a closed positional fixing structure.
Butts teaches a second fixing buckle strap (40); and at least one pair of fixing pull straps (360).
It would have been obvious to one of ordinary skill within the art before the effective filing date fo the claimed invention to have modified the device, including the one end secured to a first or second position on the animal bearing surface of the bottom plate, of Moorman, to include a second fixing buckle strap; and at least one pair of fixing pull straps, as taught by Butts, in order to more securely restrain the animal so as to preclude rotational motion of the animal (Col. 4, 24-30).
The device of Moorman and Butts, when combined, would result in four straps anchored to the bottom plate which connect to the wearable device. Thus, indirectly connecting each of the fixing pull straps and fixing buckle straps to one another via the wearable device.
Claim(s) 69 and 85 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moorman; Maurice D. (US 4597359 A) in view of Butts; Margaret M. (US 5529018 A), further in view of Wayn; Alon (US 20070157891 A1).
Regarding claim 69 Moorman in view of Butts, as shown above, discloses all of the limitations of claim 67. Moorman in view of Butts does not disclose further comprising an animal head guard connected to a first short side of the bottom plate, wherein one or more of the animal head guard and the side plate is connected to the bottom plate in a pivotally connected manner or in a detachable manner.
Wayn teaches an animal head guard (Fig. 2; 20) connected to a first short side of a bottom plate, wherein one or more of the animal head guard and the side plate is connected to the bottom plate in a pivotally connected manner or in a detachable manner [0033].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the device of Moorman and Butts to include a short side including an animal head guard connected to a first short side of the bottom plate, wherein one or more of the animal head guard and the side plate is connected to the bottom plate in a pivotally connected manner or in a detachable manner, as taught by Wayn, in order to support and restrain the head of the dog [0033].
Regarding claim 85 Moorman in view of Butts, as shown above, discloses all of the limitations of claim 67. Moorman in view of Butts does not disclose at least one guide on an outer surface of the side plate.
Wayn teaches at least one guide on an outer surface of the side plate (Fig. 3; 24).
It would have been obvious to one of ordinary skill within the art before the effective filing date fo the claimed invention to have modified the device of Moorman and Butts to include at least one guide on an outer surface of the side plate, as taught by Wayn, in order to further secure the device.
Claim(s) 70-71 and 86 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moorman; Maurice D. (US 4597359 A) in view of Butts; Margaret M. (US 5529018 A), further in view of Edwards; Myrtis C. (US 5123377 A).
Regarding claim 70 Moorman in view of Butts, as shown above, discloses all of the limitations of claim 67. Moorman in view of Butts does not disclose a support member connected to a second long side of the bottom plate, the second long side being opposite to the first long side, wherein one or more of the side plate and the support member is connected to the bottom plate in a pivotally connected manner or in a detachable manner.
Edwards teaches a support member (Fig. 1; 62, 66, 68) connected to a second long side of the bottom plate, the second long side being opposite to the first long side, wherein one or more of the side plate and the support member is connected to the bottom plate in a pivotally connected manner (Col. 4, lines 27-35).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified a second long side of Moorman and Butts to include a support member connected in a pivotal manner, as taught by Edwards, in order to further restrain the animal.
Regarding claims 71 and 86 Moorman in view of Butts and Edwards, as shown above, discloses all of the limitations of claim 70. Moorman in view of Butts and Edwards discloses a curved support rod, but does not explicitly disclose a U-shaped support rod, and one or more of the support side plate and the U-shaped support rod is connected to the bottom plate in an insertion manner.
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the curved support rod of Moorman in view of Butts and Edwards to be a U-shaped support rod connected in an insertion manner in order to strengthen the support.
Moorman in view of Butts and Edwards does not disclose a support fabric sleeved on the rod. However, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the rod to include a support fabric for increased comfort.
Claim(s) 72-73 and 80-82 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moorman; Maurice D. (US 4597359 A) in view of Butts; Margaret M. (US 5529018 A), further in view of Parness; Michael (US 20150264887 A1).
Regarding claims 72 and 80-82 Moorman in view of Butts, as shown above, discloses all of the limitations of claim 67. Moorman in view of Butts does not disclose wherein the mounting structure comprises one of a ISOFIX soft connecting structure, a ISOFIX rigid connecting frame, and a LATCH system.
Parness teaches wherein the mounting structure comprises one of a ISOFIX soft connecting structure, a ISOFIX rigid connecting frame, and a LATCH system (Fig. 1; 30).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the mounting structure of Moorman in view of Butts to be a LATCH system, as taught by Parness, in order to securely fasten the device to the vehicle [0007].
Only one of the mounting structures is required, and since the LATCH system limitation has been met, the limitations of claims 80-82 are considered optional.
Regarding claim 73 Moorman in view of Butts, as shown above, discloses all of the limitations of claim 67. Moorman in view of Butts does not disclose wherein the mounting structure comprises: a first connector; a second connector, wherein the first connector and the second connector extend out from the long side of the bottom plate, and the animal transport apparatus is secured to two ISOFIX anchor points on the vehicle rear seat through the first connector and the second connector; and a third connector used for being installed at a third anchor point on the vehicle rear seat except for the two ISOFIX anchor points.
Parness teaches wherein the mounting structure comprises: a first connector (30); a second connector (30), and the animal transport apparatus is secured to two ISOFIX anchor points on the vehicle rear seat through the first connector and the second connector [0025]; and a third connector (30) used for being installed at a third anchor point on the vehicle rear seat except for the two ISOFIX anchor points.
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the long side of the bottom plate of Moorman in view of Butts to include three connectors, as taught by Parness, in order to securely fasten the device to the vehicle [0007].
Claim(s) 74-75 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moorman; Maurice D. (US 4597359 A) in view of Butts; Margaret M. (US 5529018 A), in view of Parness; Michael (US 20150264887 A1), in view of ZACHARI KLAUS (EP 3387900 A1)
Regarding claim 74 Moorman in view of Butts and Parness, as shown above, discloses all of the limitations of claim 67. Moorman in view of Butts and Parness does not disclose wherein the mounting structure further comprises a ISOFIX rigid connecting frame, and the first connector and the second connector are located at both ends of the ISOFIX rigid connectimg frame close to one side of the vehicle rear seat, so as to be secured to the ISOFIX anchor points on the vehicle rear seat.
Zachari teaches wherein the mounting structure further comprises a ISOFIX rigid connecting frame (Fig. 7; 18), and the first connector and the second connector are located at both ends of the ISOFIX rigid connectimg frame close to one side of the vehicle rear seat, so as to be secured to the ISOFIX anchor points on the vehicle rear seat.
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the first and second connector of Moorman in view of Butts and Parness to include a ISOFIX rigid connecting frame, as taught by Zachari, in order to provide improved stability and strength.
Regarding claim 75 Moorman in view of Butts, Parness, and Zachari, as shown above, discloses all of the limitations of claim 67. Moorman in view of Butts, Parness, and Zachari, further discloses wherein the third connector is connected to the bottom plate through a connecting tether [0030], but does not disclose wherein, the third connector extends out of the bottom plate from a short side of the bottom plate, or extends out of the bottom plate adjacent to an intersection position of the long side and the short side of the bottom plate.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the third connector to be out of the bottom plate from a short side of the bottom plate, or extends out of the bottom plate adjacent to an intersection position of the long side and the short side of the bottom plate, in order to provide an additional attachment for securing the side of the device, and since it has been held that rearranging parts of an invention involves only routine skill in the art.
Claim(s) 76-79 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moorman; Maurice D. (US 4597359 A) in view of Butts; Margaret M. (US 5529018 A), further in view of Aaron; Albert Glenn et al. (US 20110083615 A1)
Regarding claim 76 Moorman in view of Butts discloses all of the limitations of claim 67. Moorman in view of Butts does not disclose an upper anchor assembly to further secure the animal transport apparatus to an anchor point on the vehicle rear seat, the upper anchor assembly comprising: a first tether and a second tether each having a first end and a second end; a length adjuster, a first end of which is connected to a first end of each of the first tether and the second tether; a connecting tether, the first end of which is movably connected to a second end of the length adjuster to form an adjustable end; and a connecting hook, connected to the second end of the connecting tether, wherein the first tether and the second tether are connected to the side plate or the bottom plate with their respective second ends, wherein the upper anchor assembly secures the animal transport apparatus to the anchor point through the connecting hook.
Aaron teaches an upper anchor assembly to further secure the animal transport apparatus to an anchor point on the vehicle rear seat, the upper anchor assembly comprising: a first tether (Fig. 3; 112) and a second tether (112) each having a first end and a second end; a length adjuster (128), a first end of which is connected to a first end of each of the first tether and the second tether; the first end of which is movably connected to a second end of the length adjuster to form an adjustable end; and a connecting hook (116), connected to the second end of the connecting tether.
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the bottom plate of Moorman in view of Butts to include an upper anchor assembly to further secure the animal transport apparatus to an anchor point on the vehicle rear seat, the upper anchor assembly comprising: a first tether and a second tether each having a first end and a second end; a length adjuster, a first end of which is connected to a first end of each of the first tether and the second tether; a connecting tether, the first end of which is movably connected to a second end of the length adjuster to form an adjustable end; and a connecting hook, connected to the second end of the connecting tether, as taught by Aaron, in order to further secure the device.
Regarding claims 77-79 Moorman in view of Butts and Aarondiscloses all of the limitations of claim 67. Moorman in view of Butts and Aaron further discloses a transverse connecting tether (Fig. 3; 114) connected between the first tether and the second tether. Moorman in view of Butts and Aaron does not disclose the side plate is also provided with a pair of tether guides near the upper side, the pair of tether guides being respectively used for the first tether and the second tether to pass through and be positioned between them.
However, it would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the device of Moorman in view of Butts and Aaron to include tether guides and fixing buckles, where the ends are securely connected to the bottom plate, in order to more securely hold the device in position.
Claim(s) 83 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moorman; Maurice D. (US 4597359 A) in view of Butts; Margaret M. (US 5529018 A), in view of Parness; Michael (US 20150264887 A1)further in view of KUBOTA; Yuji (US 20190275949 A1 ).
Regaridng claim 83 Moorman in view of Butts and Parness discloses all of the limitations of claim 72. Moorman in view of Butts and Parness does not disclose a plurality of storage slots designed to match and accommodate one or more of the mounting structure, the ISOFIX soft connecting structure, the ISOFIX rigid connecting frame, the LATCH system.
Kubota teaches a plurality of storage slots designed to match and accommodate one or more of the mounting structure, the ISOFIX soft connecting structure, the ISOFIX rigid connecting frame, the LATCH system (Fig. 5B); [0039].
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the device of Moorman in view of Butts and Parness to include a plurality of storage slots designed to match and accommodate one or more of the mounting structure, the ISOFIX soft connecting structure, the ISOFIX rigid connecting frame, the LATCH system, as taught by Kubota, in order to redcude bulk.
Claim(s) 84 is/are rejected under 35 U.S.C. 103 as being unpatentable over Moorman; Maurice D. (US 4597359 A) in view of Butts; Margaret M. (US 5529018 A), in view of SCHWEIMER ANJA et al. (WO 2021084090 A1).
Regaridng claim 84 Moorman in view of Butts discloses all of the limitations of claim 67. Moorman in view of Butts does not disclose wherein the side plate comprises a reinforcing frame, and the reinforcing frame has a shape corresponding to a perimeter of the side plate and is embedded in the side plate.
Schweimer teaches wherein the side plate comprises a reinforcing frame, and the reinforcing frame has a shape corresponding to a perimeter of the side plate and is embedded in the side plate (Fig. 10C).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the device of Moorman in view of Butts to include a reinforcing frame, and the reinforcing frame has a shape corresponding to a perimeter of the side plate and is embedded in the side plate, as taught by Schweimer, in order to provide enhanced support.
Conclusion
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644
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