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 14 is objected to because of the following informalities:
Claim 14 repeats claim 9, which claim 14 already depends upon.
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.
Claim 14 is 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.
Claim 14 recites the limitation "the at least one front strap" in line 3. There is insufficient antecedent basis for this limitation in the claim. The at least one front strap is introduced in claim 4 but claim 14 does not depend upon claim 4.
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, 9, and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Whitaker (US 1083968) in view of Ford (US 8196378), Ford et al. (US 20050066632), hereinafter Ford ‘632, and Edwards (US 20180042210).
Regarding claim 1, Whitaker teaches of (fig. 1) a hoof boot comprising:
a base plate (fig. 3, plates 2 connected with connecting plate 3);
a first side part and a second side part (first and second side plates 1) arranged at a distance from one another on the base plate (seen in fig. 1).
Whitaker does not appear to teach of at least one heel strap;
a gaiter fastened on the at least one heel strap:
a first tension strap and a second tension strap, wherein the first tension strap is configured to directly connect the first side part to the gaiter, and wherein the second tension strap is configured to directly connect the second side part to the gaiter; and
a pad provided on an inside of the gaiter,
wherein at least one of the base plate, the first and second side parts, and the at least one heel strap is produced by an additive manufacturing method.
Ford teaches of at least one heel strap (fig. 1, straps 42, 44 wrap around the heel);
a gaiter (gaiter 22) fastened on the at least one heel strap (42, 44) (seen in fig. 1):
a first tension strap (fig. 3, left side of mounting section 34 with end 48) and a second tension strap (right side of mounting section 34 with end 46), wherein the first tension strap is configured to directly connect the first side part to the gaiter (fig. 7, first tension strap has holes 50 that aligns with corresponding holes 52 and is directly connected to the left side of the boot with screws 54; col. 6 lines 10-26, The gaiter 22 is attached to the mounting section 34), and wherein the second tension strap is configured to directly connect the second side part to the gaiter (fig. 7, the second tension strap at end 46 has holes 50 that aligns with corresponding holes 52 and is directly connected to the right side of the boot with screws 54); and
a pad provided on an inside of the gaiter (col. 5 lines 37-43, wrapping section 32 of the gaiter 22 is made of flexible, stretchable material suitable for comfortable wear around the pastern of a horse. The preferred material is neoprene).
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 Whitaker to incorporate the teachings of Ford of at least one heel strap; a gaiter fastened on the at least one heel strap: a first tension strap and a second tension strap, wherein the first tension strap is configured to directly connect the first side part to the gaiter, and wherein the second tension strap is configured to directly connect the second side part to the gaiter; and a pad provided on an inside of the gaiter in order to comfortably tighten the rear of the boot onto the heel of the horse and further secure the horse boot to the hoof.
In a alternative interpretation in which the first and second tension straps are separate non-connected straps, Ford ‘632 teaches of (fig. 1, ¶0079) a first tension strap (discrete portion 76b) and a second tension strap (discrete portion 76a), wherein the first tension strap is configured to directly connect the first side part to the gaiter (gaiter 14) (first tension strap is a separate strap that is connected to the left side of the boot at fastener 34b and connects the gaiter 14 to the left side of the boot), and wherein the second tension strap (76a is a separate strap) is configured to directly connect the second side part to the gaiter (connected at the right side of the boot with fastener 34a and connects the gaiter 14 to the right side of the boot).
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 Whitaker to incorporate the teachings of Ford ‘632 to make the tension straps as separate and discrete straps in order to independently secure the sides of the boot to the gaiter and have more degree in flexibility and adjustment as compared to a single connected strap.
Edwards teaches of wherein at least one of the base plate, the at least the first and second side parts, and the at least one heel strap is produced by an additive manufacturing method (¶0034, additive manufacturing system to form one or more of the boot elements).
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 Whitaker to incorporate the teachings of Edwards of wherein at least one of the base plate, the at least two side parts, and the at least one heel strap is produced by an additive manufacturing method in order to use a manufacturing methods that can produce complex designs and reduce waste and material costs.
Regarding claim 2, Whitaker as modified teaches of claim 1, but does not appear to teach of wherein at least two of the base plate, the first and second side parts, and the at least one heel strap are integrally produced with one another by the additive manufacturing method.
Edwards teaches of wherein at least two of the base plate (fig. 4, bottom plate 210), the first and second side parts (fig. 3, left and right sides of boot wall 220), and the at least one heel strap (fig. 3, resilient cord 227) are integrally produced with one another by the additive manufacturing method (¶0026, boot body 200 is formed substantially of a unitary one-piece construction. The boot body 200 includes base plate 210, and at least two side parts 220).
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 Whitaker to incorporate the teachings of Edwards of wherein at least two of the base plate, the first and second side parts, and the at least one heel strap are integrally produced with one another by the additive manufacturing method in order to decrease the number of individual parts that need to be separately manufactured.
Regarding claim 3, Whitaker as modified teaches of claim 2, and Edwards further teaches of wherein at least the base plate and the first and second side parts are integrally produced with one another by the additive manufacturing method (¶0034, additive manufacturing system to form one or more of the boot elements. ¶0026, boot body 200 is formed substantially of a unitary one-piece construction. The boot body 200 includes base plate 210, at least two side parts 220).
Regarding claim 4, Whitaker as modified teaches of claim 1, and (fig. 1) further comprising:
at least one front strap (strap 4) attached to the first and second side parts (1) and configured to connect the first and second side parts in a front area of the hoof boot (seen in fig. 1).
Regarding claim 9, Whitaker as modified teaches of claim 1, and wherein the hoof boot is produced precisely fitted for a specific hoof of an equine animal (lines 28-64, The horse boot is shaped to fit over and bear against a portion of the side and bottom of the hoof or horseshoe. The two side-plates 1 are preferably stamped out, curved to accord with the side of the hoof or shoe and bent at the bottom so as to overlap plates 2).
Regarding claim 13, Whitaker as modified teaches of claim 9, and wherein the equine animal is a horse (title, overshoe for horses).
Regarding claim 14, Whitaker as modified teaches of claim 9, and wherein the hoof boot is produced precisely fitted for a specific hoof of an equine animal (lines 28-64, The horse boot is shaped to fit over and bear against a portion of the side and bottom of the hoof or horseshoe. The two side-plates 1 are preferably stamped out, curved to accord with the side of the hoof or shoe and bent at the bottom so as to overlap plates 2), and
wherein the at least one front strap (fig. 1, 4) exerts a mutually directed traction force on the first and second side parts such that the first and second side parts are pressed against the specific hoof of the equine animal (the at least one front strap 4 has two straps attached to the first and second side parts respectively such that when they are fastened to the hoof, they exert a mutually directed traction force such that the first and second side parts are pressed against the specific hoof of the equine animal).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-4, 9, and 13-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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