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 .
Status of Claims
This action is in reply to the Response to Election/Restriction filed on November 11, 2025. Claims 3-8 have been withdrawn per the Election/Restriction noted below. Claims 1-20 are currently pending.
Election/Restrictions
Applicant’s election of Species B (Fig. 8-15) in the reply filed on November 11, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 3-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to nonelected Species A (Fig. 1-7), there being no allowable generic or linking claim. In the reply filed on November 11, 2025, Applicant states that “the claims that encompass Figures 8-15 are claims 1-20”. However, claims 3-8 appear to be readable only upon Species A and not upon Species B. For example, Species B does not have a “first channel” and a “second channel” forming an interlocking connection as described in claim 3. As such, claims 3-8 have been withdrawn as being readable only upon non-elected Species A.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference characters "214" and "2114" have both been used to designate “housing” (para [0039]).
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “100” has been used to designate both “pet toy” (para [0030]) and “sound mechanism” (para [0031]).
Reference character “204” has been used to designate both “second portion” (para [0040]) and “first portion” (para [0040]).
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 14 and 19 are objected to because of the following informalities:
In claim 14, line 4, it is suggested to amend the phrase “can slide” to --is configured to slide-- in order to further clarify the scope of the claim.
In claim 19, lines 4 and 5, it is suggested to amend the phrases “the first food opening” and “the second food opening” to --a first food opening-- and --a second food opening--, respectively, as first and second food openings have not been previously introduced.
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.
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 18-20 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.
Claims 18-20 each recite the limitation "The method of claim 16" in line 1. There is insufficient antecedent basis for this limitation in the claim, as claim 16 does not recite a method. Similarly, claims 18-20 each recite “the step(s) of…”; however, no steps are recited in claim 16 or in any of the claims from which claim 16 depends. Similarly, claim 20 recites “the first food opening” and “the second food opening”; however, no first food opening or second food opening are recited in claim 16 or in any of the claims from which claim 16 depends. For the purpose of examination, the Examiner interprets each of the claims 18-19 to be dependent upon claim 17, which recites a “method of using a pet toy”. The Examiner further interprets claim 20 to be dependent upon claim 19, which recites a “first food opening” and “second food opening”.
Claim 20, lines 1-3, recites the limitation “wherein the steps of closing the first food opening and closing the second food opening are performed simultaneously”. However, based on the disclosure of the invention, it is unclear how both the first food opening and the second food opening can be closed “simultaneously”. Figs. 10-11 show a second portion (204) having two food openings (217); however, it appears that when the first portion (202) is placed through the second portion (204), the first portion would have to pass through and close one food opening (217) before the other such that the two food openings would not be capable of being closed simultaneously. For at least these reasons, the scope of the claim is unclear, and the claim is rendered indefinite.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-2, 9-14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Willinger et al. (US 2011/0192353 A1), hereinafter Willinger.
Regarding claim 1, Willinger discloses a pet toy (pet toy 80) comprising:
a first portion (second body 84), wherein the first portion comprises an interior cavity (para [0105], “substantially hollow member”) and a sound mechanism (para [0105], “may contain one or more squeakers”); and
a second portion (first body 82) that is removably connected to the first portion (para [0106], “second body is removed by pulling it from the used first body 82), wherein the second portion comprises a food cavity (para [0104], “body 82 is hollow” and is capable of containing food) and a food opening (open ends 82d);
wherein the food opening is closed when the first portion and the second portion are connected to each other (fig. 8a-8b); and
wherein the food opening is open when the first portion and the second portion are disconnected from each other (fig. 8c).
Regarding claim 2, Willinger discloses the pet toy of claim 1, and further discloses wherein the first portion and the second portion are connected by an interlocking connection (fig. 8b-8c; para [0106], bodies 82 and 84 overlap and/or fit together and are thus interpreted as “interlocking”).
Regarding claim 9, Willinger discloses the pet toy of claim 2, and further discloses wherein the food opening (open ends 82d) of the second portion (first body 82) is covered by the first portion (second body 84) when the first portion and the second portion are connected to each other (fig. 8).
Regarding claim 10, Willinger discloses the pet toy of claim 1, and further discloses wherein the second portion (first body 82) is slidably connected to the first portion (second body 84; fig. 8b-8c, bodies 82 and 84 are slidably connected when second body 84 is inserted through first body 82).
Regarding claim 11, Willinger discloses the pet toy of claim 10, and further discloses wherein the food opening (open ends 82d) of the second portion (first body 82) is covered by the first portion (second body 84) when the first portion and the second portion are connected to each other (fig. 8).
Regarding claim 12, Willinger discloses the pet toy of claim 10, and further discloses wherein the second portion (first body 82) comprises two food openings (open ends 82d; fig. 8c).
Regarding claim 13, Willinger discloses the pet toy of claim 12, and further discloses wherein each of the two food openings (open ends 82d) is covered by the first portion (second body 84) when the first portion and the second portion are connected to each other (fig. 8).
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Annotated Figure 1. Willinger Fig. 8a, Side View (Examiner-Annotated)
Regarding claim 14, Willinger discloses the pet toy of claim 10, and further discloses wherein the first portion (second body 84) comprises a main body (central portion of body 84, shown in annotated fig. 1) extending between a first end (leftmost bulb portion of body 84, shown in annotated fig. 1) and a second end (rightmost bulb portion of body 84, shown in annotated fig. 1), and the second portion (first body 82) is slidably connected to the main body and can slide between the first end and the second end (fig. 8 and para [0106], first body 82 is capable of sliding from the leftmost bulb portion of second body 84 to the rightmost bulb portion).
Regarding claim 16, Willinger discloses the pet toy of claim 14, and further discloses wherein the main body has a U shape (annotated fig. 1, see dashed line).
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.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Willinger et al. (US 2011/0192353 A1), hereinafter Willinger, in view of Valle et al. (US 2014/0130750 A1), hereinafter Valle.
Regarding claim 15, Willinger discloses the pet toy of claim 14, but does not appear to specifically disclose wherein the interior cavity and the sound mechanism of the first portion are disposed in the first end of the first portion.
However, Valle is in the field of pet toys (title; abstract) and teaches wherein the interior cavity (cavity 638a and air channel 638b) and the sound mechanism (para [0107], “noisemaker”) of the first portion (second members 630) are disposed in the first end (leftmost second member 630, fig. 6c) of the first portion (fig. 6c; para [0107]).
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 the pet toy with interior cavity and sound mechanism of Willinger to have made the interior cavity and sound mechanism disposed in the first end as taught by Valle with a reasonable expectation of success to make the sound mechanism more accessible to the pet so that the pet can more easily produce sound during play (para [0106]-[0107]).
Claim(s) 17-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Willinger et al. (US 2011/0192353 A1), hereinafter Willinger, in view of Wolfe, Jr. et al. (US 2006/0213454 A1), hereinafter Wolfe.
Regarding claim 17, Willinger discloses a method of using a pet toy (title; abstract), the method comprising:
providing a pet toy (pet toy 80) comprising a first portion (second body 84) and a second portion (first body 82), wherein:
the first portion comprises an interior cavity (para [0105], “substantially hollow member”) and a sound mechanism (para [0105], “may contain one or more squeakers”);
the second portion comprises a food cavity (para [0104], “body 82 is hollow” and is capable of containing food) and a food opening (open ends 82d);
the food opening is closed when the first portion and the second portion are connected to each other (fig. 8a-8b); and
the food opening is open when the first portion and the second portion are disconnected from each other (fig. 8c).
connecting the second portion to the first portion (fig. 8b-8c; para [0106]); and
closing the food opening of the food cavity (fig. 8b-8c; para [0106]).
Willinger does not appear to specifically disclose placing a treat in the food cavity.
However, Wolfe is in the field of pet toys (para [0003]) and teaches placing a treat (items 108; para [0030], items 108 may be “edible and/or nutritious animal treats”) in the food cavity (compartment 106; fig. 4A).
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 the method of using a pet toy comprising a cavity of Willinger to incorporate the step of placing a treat in the cavity as taught by Wolfe with a reasonable expectation of success to provide additional stimulation and reward to pets playing with the toy (para [0032]).
Regarding claim 18, as best understood based on the 35 U.S.C. 112(b) issues identified above, Willinger as modified discloses the method of claim 16 (interpreted as claim 17 per the 35 U.S.C. 112 section above), and further discloses wherein the steps of connecting of the second portion (first body 82) to the first portion (second body 84) and closing the food opening (open ends 82d) of the food cavity are performed simultaneously (fig. 8b-8c; para [0106]).
Regarding claim 19, as best understood based on the 35 U.S.C. 112(b) issues identified above, Willinger as modified discloses the method of claim 16 (interpreted as claim 17 per the 35 U.S.C. 112 section above), and further discloses wherein the second portion (first body 82) comprises two food openings (open ends 82d) and the step of closing the food opening of the food cavity further comprises:
closing the first food opening (open end 82d; fig. 8b-8c; para [0106]); and
closing the second food opening (opposite open end 82d; fig. 8b-8c; para [0106]).
Regarding claim 20, as best understood based on the 35 U.S.C. 112(b) issues identified above, Willinger as modified discloses the method of claim 16 (interpreted as claim 19 per the 35 U.S.C. 112 section above), and further discloses wherein the steps of closing the first food opening (open end 82d) and closing the second food opening (opposite open end 82d) are performed simultaneously (fig. 8b-8c; para [0106]).
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 claims 1 and 17.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERICA M HUEBNER whose telephone number is (703)756-4560. The examiner can normally be reached M-F 9:30 AM - 6:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona, can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.M.H./Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647