DETAILED ACITON
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 1-20 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 1, and similarly claims 15 and 20, states “a top layer of the absorbent component is a tear resistant quilted perforated film layer.” It is unclear how a single layer can be all of these things simultaneously, as multiple terms are contradictory, thus rendering the claim indefinite. For example, a “film” is generally defined as a thin layer of material, while “quilted” is defined as made from two layers of cloth with padding held between by stitching. It is unclear how one layer can be both a thin layer of material and two layers of material with padding between them at the same time. Additionally, if the quilt were perforated, it is unclear how it would be tear resistant, as the pet would have easy access into the padding between the layers of the material.
Claim 3 states “that secures around a perimeter of the car seat base”. However, claim 1 recites in the preamble “A car seat pet pad device” as the scope of the invention. “A car seat base” falls outside of the scope of a pet pad device, making it unclear what exactly is the scope of the invention, thus rendering the claim indefinite. For example, it is unclear if the car seat itself is being positively claimed as part of the invention. Claims 4-7, 13-15, and 18 are similarly rejected to for positively claiming the car seat itself. The Office recommends using the language “configured to.” For example “wherein the absorbent component is configured to be positioned over a car seat” and “wherein the absorbent component is configured to protect the car seat against pet accidents” in order to avoid positively claiming the car seat.
Claims 2, 8-9, 11-12, and 16, are rejected to as being dependent on a rejected base 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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Olson (US 2008/0001451) in view of Goldberg (US 2012/0325160) and Green Lifestyle (https://www.chewy.com/green-lifestyle-printed-reusable-cat/dp/2260518)
Regarding Claim 1, Olson discloses a car seat pet pad device that provides a user with an absorbent pee pad for a car seat (seat cover 100; Figure 1), the car seat pet pad device comprising:
an absorbent component (cover portion 128 with absorption layers 138; Figure 6);
wherein the absorbent component is configured to be positioned over a car seat (Figures 1-5);
wherein the absorbent component is comprised of multiple layers of leak-proof protection for a car seat to protect against accidents (Figure 6; Paragraph [0026]; water barrier layer 140).
wherein a top layer of the absorbent component is a quilted perforated layer (quilted portion 130 with apertures 132; Figures 2 and 6; Paragraphs [0020] and [0026]).
Olson fails to disclose wherein a top layer of the absorbent component is a tear resistant film layer and wherein the absorbent component comprises a puppy paw indicia printed onto the top layer.
However, Goldberg teaches a similar potty pad, wherein a top layer of the absorbent component is a tear resistant film layer (“The upper layer 1 is a quick drying, tear-resistant top sheet” Paragraph [0016]; Figure 1; see 112b above).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the potty pad of Olson, to be a tear resistant film layer as taught by Goldberg, with reasonable expectation of success, in order to help prevent the user from tearing the surface of the pad, and help prevent the spread or leaking of liquids outside of the pad.
Additionally, Green Lifestyle teaches a similar potty pad wherein the absorbent component comprises a puppy paw indicia printed onto the top layer (Figure on Page 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the potty pad of Olson, to have a decorative top, with reasonable expectation of success, in order to increase the aesthetic appearance of the device, since change in ornamental design having no mechanical function is an aesthetic design consideration within the skill of the art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Regarding Claim 2, Olson as modified teaches the car seat pet pad device of claim 1. Olson further discloses the car seat pet pad device, wherein the absorbent component is configured to fit over a base of a car seat (Figures 1 and 3).
Regarding Claim 3, Olson as modified teaches the car seat pet pad device of claim 2. Olson further discloses the car seat pet pad device, wherein the absorbent component also includes an elastic band that secures around a perimeter of the car seat base (elastic edging 104; Figures 1 and 5).
Regarding Claim 4, Olson as modified teaches the car seat pet pad device of claim 3. Olson further discloses the car seat pet pad device, wherein the elastic band secures around an entire absorbent component perimeter to hold the absorbent component securely in place on the car seat base (elastic edging 104; Figures 1 and 5).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Olson in view of Goldberg and Green Lifestyle as applied to claim 4 above, and further in view of Chavez et al. (US 2021/0323454).
Regarding Claim 5, Olson as modified teaches the car seat pet pad device of claim 4. Olson further discloses wherein the elastic band extends cover down to completely cover an entirety of sides of the car seat base, creating an elastic skirting (Figures 1 and 5).
Olson fails to disclose wherein the elastic extends the absorbent component down to completely cover an entirety of sides of the car seat base.
However, Chavez teaches a similar car seat pad wherein the elastic extends the absorbent component down to completely cover an entirety of sides of the car seat base, creating an elastic skirting (seat cover 200 with absorbent layer 302; elastic layer 303; Figures 2 and 5).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the absorbent layer of Olson, to extend down completely over the sides as taught by Chavez, with reasonable expectation of success, in order to help prevent the spread or leaking of liquids outside of the pad and into the car.
Regarding Claim 6, Olson as modified teaches the car seat pet pad device of claim 5.
Olson fails to disclose wherein the elastic skirting tapers upward toward a back edge of the car seat base, to allow for seatbelt access.
However, Chavez teaches a similar car seat pad device, wherein the elastic skirting tapers upward toward a back edge of the car seat base, to allow for seatbelt access (Figure 2; seat portion 203 contours to seat shape).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the elastic of Olson, to allow for easy seatbelt access as taught by Chavez, with reasonable expectation of success, in order to help ensure the pad does not disrupt the safety of the vehicle.
Regarding Claim 7, Olson as modified teaches the car seat pet pad device of claim 6. Olson further discloses the car seat pet pad device, wherein the absorbent component comprises a waterproof plastic backing layer that prevents liquids from contacting the car seat base (“a water barrier layer 140, such as a plastic film layer, may be included for stopping leakage of fluid.” Paragraph [0026]).
Claims 8-9, and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Olson in view of Goldberg, Green Lifestyle, and Chavez as applied to claim 7 above, and further in view of Hasegawa et al. (JP 5638720).
Regarding Claim 8, Olson as modified teaches the car seat pet pad device of claim 7.
Olson fails to disclose the car seat pet pad device wherein the waterproof plastic backing layer is a leak-proof Polyethylene (PE) layer.
However, Hasegawa teaches a similar absorbent pad wherein the waterproof plastic backing layer is a leak-proof Polyethylene (PE) layer (“In the present embodiment, the back sheet 20 is made of a polyethylene film” Page 2 Paragraph 7 of translation).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad of Olson, with the PE backing of Hasegawa, with reasonable expectation of success, in order to help prevent the spread or leaking of liquids outside of the pad and into the car.
Regarding Claim 9, Olson as modified teaches the car seat pet pad device of claim 8. Olson further discloses the car seat pet pad device, wherein the absorbent component is comprised of multiple layers on top of the waterproof plastic backing layer (layers 134 and 138; Figure 6).
Regarding Claim 11, Olson as modified teaches the car seat pet pad device of claim 9. Olson further discloses wherein layers underneath the top layer include a super absorbent polymer (SAP) (“One or more middle layer(s)/fluid absorption layer(s) 138, may include fluid absorbing substance(s)/material(s), such as Super Absorbent Polymers (SAP)” Paragraph [0026]).
Olson fails to disclose wherein layers underneath the top layer include a quick dry tissue layer, and an odor-capturing charcoal layer.
However, Goldberg teaches wherein layers of the pad include a quick dry tissue layer (“The upper layer 1 is a quick drying, tear-resistant top sheet” Paragraph [0016]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad of Olson, with the quick dry layer of Goldberg, with reasonable expectation of success, in order to help increase the absorptivity of the pad, while helping ensure the pad won’t leak liquids into the car seat.
Additionally, Hasegawa teaches a similar pad device wherein layers underneath the top layer include an odor-capturing charcoal layer (charcoal 32; Figure 3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad of Olson, with the charcoal layer of Hasegawa, with reasonable expectation of success, in order to help prevent the spread of odors within the car.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the quick dry layer of Goldberg, to be under the top layer, with reasonable expectation of success, in order to help ensure the user of the pad remains dry even after an accident, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C); In re Japikse, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding Claim 12, Olson as modified teaches the car seat pet pad device of claim 11. Olson further discloses the car seat pet pad device, wherein the multiple layers and the top layer are then secured to the waterproof plastic backing layer to offer better protection and prevent the absorbent component from tearing during use (Figure 6 plastic film 140).
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Olson in view of Goldberg, Green Lifestyle, Chavez, and Hasegawa as applied to claim 12 above, and further in view of Wiggan (US 11787318).
Regarding Claim 13, Olson as modified teaches the car seat pet pad device of claim 12.
Olson fails to disclose the car seat pet pad device, wherein the absorbent component comprises a tab that is tucked into the car seat to hold the absorbent component in place during use.
However, Wiggan teaches a similar pad device, wherein the absorbent component comprises a tab that is tucked into the car seat to hold the absorbent component in place during use (anchor 96; Figure 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad of Olson, with the tab of Wiggan, with reasonable expectation of success, in order to help prevent the pad from moving during use.
Regarding Claim 14, Olson as modified teaches the car seat pet pad device of claim 13. Olson further discloses the car seat pet pad device, wherein the absorbent component includes a splash guard to protect against splashes and is positioned at a rear of the car seat (middle cover portion 112; Figure 1).
Claims 15-16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Olson (US 2008/0001451) in view of Chavez et al. (US 2021/0323454), Goldberg (US 2012/0325160), Hasegawa et al. (JP 5638720), Wiggan (US 11787318), and Green Lifestyle (https://www.chewy.com/green-lifestyle-printed-reusable-cat/dp/2260518).
Regarding Claim 15, Olson discloses a car seat pet pad device that provides a user with an absorbent pee pad for a car seat (seat cover 100; Figure 1), the car seat pet pad device comprising: an absorbent component configured to fit over a base of a car seat (cover portion 128 with absorption layers 138; Figure 6);
wherein the absorbent component comprises a top layer (130 and 134 Figure 6) and an elastic band that secures around a perimeter of the car seat base (elastic edging 104; Figures 1 and 5);
wherein the elastic band extends cover down to completely cover an entirety of sides of the car seat base, creating an elastic skirting (Figures 1 and 5),
wherein the absorbent component further comprises a waterproof plastic backing layer that prevents liquids from contacting the car seat base (“a water barrier layer 140, such as a plastic film layer, may be included for stopping leakage of fluid.” Paragraph [0026]);
wherein the absorbent component further comprises a plurality of layers underneath the top layer (Figure 6) comprising a super absorbent polymer (SAP) (“One or more middle layer(s)/fluid absorption layer(s) 138, may include fluid absorbing substance(s)/material(s), such as Super Absorbent Polymers (SAP)” Paragraph [0026]);
wherein the layers and the top layer are then secured to the waterproof plastic backing layer to offer better protection and prevent the absorbent component from tearing during use (Figure 6 plastic film 140);
wherein the absorbent component comprises a splash guard to protect against splashes and is positioned at a rear of the car seat (middle cover portion 112; Figure 1); and
wherein the absorbent component protects the car seat against pet accidents (Figure 6; Paragraph [0026]; water barrier layer 140);
wherein a layer of the absorbent component is a quilted perforated layer (quilted portion 130 with apertures 132; Figures 2 and 6; Paragraphs [0020] and [0026]).
Olson fails to disclose wherein the elastic band extends the absorbent component down to completely cover an entirety of sides of the car seat base, creating an elastic skirting; wherein the elastic skirting tapers upward toward a back edge of the car seat base, to allow for seatbelt access; wherein layers include a quick dry tissue layer and an odor-capturing charcoal layer; wherein the absorbent component further comprises a tab that is tucked into the car seat to hold the absorbent component in place during use; wherein a top layer of the absorbent component is a tear resistant film layer; wherein the absorbent component comprises a puppy paw indicia painted onto the top layer.
However, Chavez teaches a similar pad device wherein the elastic band extends the absorbent component down to completely cover an entirety of sides of the car seat base, creating an elastic skirting (seat cover 200 with absorbent layer 302; elastic layer 303; Figures 2 and 5); wherein the elastic skirting tapers upward toward a back edge of the car seat base, to allow for seatbelt access (Figure 2; seat portion 203 contours to seat shape).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the absorbent layer of Olson, to extend down completely over the sides as taught by Chavez, with reasonable expectation of success, in order to help prevent the spread or leaking of liquids outside of the pad and into the car, and to have modified the elastic of Olson, to allow for easy seatbelt access as taught by Chavez, with reasonable expectation of success, in order to help ensure the pad does not disrupt the safety of the vehicle.
Additionally, Goldberg teaches a similar potty pad device wherein layers include a quick dry tissue layer (“The upper layer 1 is a quick drying, tear-resistant top sheet” Paragraph [0016]); wherein a top layer of the absorbent component is a tear resistant film layer (“The upper layer 1 is a quick drying, tear-resistant top sheet” Paragraph [0016]; Figure 1; see 112b above)
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad of Olson, with the tear resistant film layer of Goldberg, with reasonable expectation of success, in order to help prevent the user from tearing the surface of the pad, and help prevent the spread or leaking of liquids outside of the pad, and to have provided the pad of Olson, with the quick dry layer of Goldberg, with reasonable expectation of success, in order to help increase the absorptivity of the pad, while helping ensure the pad won’t leak liquids into the car seat.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the quick dry layer of Goldberg, to be under the top layer, with reasonable expectation of success, in order to help ensure the user of the pad remains dry even after an accident, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C); In re Japikse, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Additionally, Hasegawa teaches a similar pad device wherein layers underneath the top layer include an odor-capturing charcoal layer (charcoal 32; Figure 3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad of Olson, with the charcoal layer of Hasegawa, with reasonable expectation of success, in order to help prevent the spread of odors within the car.
Additionally, Wiggan teaches a similar pad device wherein the absorbent component comprises a tab that is tucked into the car seat to hold the absorbent component in place during use (anchor 96; Figure 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad of Olson, with the tab of Wiggan, with reasonable expectation of success, in order to help prevent the pad from moving during use.
Additionally, Green Lifestyle teaches a similar potty pad wherein the absorbent component comprises a puppy paw indicia printed onto the top layer (Figure on Page 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the potty pad of Olson, to have a decorative top, with reasonable expectation of success, in order to increase the aesthetic appearance of the device, since change in ornamental design having no mechanical function is an aesthetic design consideration within the skill of the art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Regarding Claim 16, Olson as modified teaches the car seat pet pad device of claim 15. Olson further discloses the car seat pet pad device, wherein the absorbent component is disposable (Paragraph [0030]).
Regarding Claim 18, Olson as modified teaches the car seat pet pad device of claim 15.
Olson fails to disclose the car seat pet pad device, wherein the tab is configured to tuck between seat cushions of the car seat, to hold the absorbent component securely in place on the car seat.
However, Wiggan teaches a similar pad device wherein the tab is configured to tuck between seat cushions of the car seat, to hold the absorbent component securely in place on the car seat (anchor 96; Figure 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad of Olson, with the tab of Wiggan, with reasonable expectation of success, in order to help prevent the pad from moving during use.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Olson (US 2008/0001451) in view of Wiggan (US 11787318), Goldberg (US 2012/0325160), and Green Lifestyle (https://www.chewy.com/green-lifestyle-printed-reusable-cat/dp/2260518).
Regarding Claim 20, Olson discloses a method of protecting a car seat from pet accidents, the method comprising the following steps:
providing a car seat pet pad device (seat cover 100; Figure 1) comprising an absorbent component (cover portion 128 with absorption layers 138; Figure 6) with an elastic perimeter (elastic edging 104; Figures 1 and 5);
securing the absorbent component to a car seat base via the elastic perimeter (Figures 1 and 5);
positioning a splash guard to protect the seat back (middle cover portion 112; Figure 1);
removing the device after an accident and disposing of the device in the trash (Paragraph [0030]).
Olson fails to disclose inserting a tab between a plurality of car seat cushions to secure the device in place; and wherein a top layer of the absorbent component is a tear resistant film layer wherein the absorbent component comprises an indicia stamped onto the top layer.
However, Wiggan teaches a similar method comprising inserting a tab between a plurality of car seat cushions to secure the device in place (anchor 96; Figure 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the pad of Olson, with the tab of Wiggan, with reasonable expectation of success, in order to help prevent the pad from moving during use.
Additionally, Goldberg teaches a similar potty pad, wherein a top layer of the absorbent component is a tear resistant film layer (“The upper layer 1 is a quick drying, tear-resistant top sheet” Paragraph [0016]; Figure 1; see 112b above).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the potty pad of Olson, to be a tear resistant film layer as taught by Goldberg, with reasonable expectation of success, in order to help prevent the user from tearing the surface of the pad, and help prevent the spread or leaking of liquids outside of the pad.
Additionally, Green Lifestyle teaches a similar potty pad wherein the absorbent component comprises an indicia printed onto the top layer (Figure on Page 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the potty pad of Olson, to have a decorative top, with reasonable expectation of success, in order to increase the aesthetic appearance of the device, since change in ornamental design having no mechanical function is an aesthetic design consideration within the skill of the art. In re Seid, 161 F.2d 229, 73 USPQ 431 (CCPA 1947).
Response to Arguments
Applicant's arguments filed 11/17/25 have been fully considered but they are not persuasive.
Applicant argues that previously used references do not teach the newly presented amendment of “wherein a top layer of the absorbent component is a tear resistant quilted perforated film layer.” However, as discussed in the 112(b) rejection above, it is unclear how all of these descriptions of the layer can be simultaneously true. Additionally, Olson teaches a top layer of the absorbent component is a quilted perforated layer (quilted portion 130 with apertures 132; Figures 2 and 6; Paragraphs [0020] and [0026]), and Goldberg teaches a top layer of the absorbent component is a tear resistant film layer (“The upper layer 1 is a quick drying, tear-resistant top sheet” Paragraph [0016]; Figure 1).
Applicant’s arguments filed 11/17/25 with respect to claims 1, 15, and 20 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Newly added reference Green Lifestyle (https://www.chewy.com/green-lifestyle-printed-reusable-cat/dp/2260518) in combination with previously used references teaches the claims as amended, as discussed in the currently presented rejection 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.
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/A.K.P./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642