DETAILED ACTION
This communication is a second office action final rejection on the merits.
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 .
Response to Amendment
The amendment filed on 08/25/2025 has been entered. Claims 1-4, 10, 12, and 14-17 have been amended, Claim 13 has been canceled, Claims 19-20 have been added, and Claims 5-9, 11, and 18 remain as previously presented. Applicant’s amendments to the Drawings, Specification, and Claims have overcome each and every objection set forth in the Non-Final Rejection mailed 08/25/2025.
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.
Claims 1-2 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Bros et al. (US 20060027641 A1) in view of Blask (DE 4441080 A1) and O’Byrne (US 6460489 B1).
Regarding Claim 1, Bros teaches a cattle prod (10) comprising an electrical prod for the livestock industry (Stated in ¶2-3; Cattle prod 10 is an electrical prod for used in the livestock industry.), said cattle prod comprising:
Said cattle prod (10) comprises handle assembly (12) and shaft assembly (30);
Said handle assembly (12) comprises a handle portion (shown in Figs. 1-2; Handle assembly comprises a handle portion made of members 18 and 20.) having a first handle end (14) and a second handle end (16),
A first coupling assembly (150) at said first handle end (Fig. 3 and ¶67 show/state that threaded cap 150 is provided at the first handle end 14 of body 12 to couple the shaft assembly 30 to the handle assembly 12.),
An activation button (108; shown in Fig. 3), and
A battery (B; shown in Fig. 3) for operating said cattle prod (¶16 states that one or more batteries may be used as a power source for operating cattle prod 10.);
Said shaft assembly (30) comprises a shaft portion having a first shaft end (32) and a second shaft end (34; ¶65 and Fig. 1 show/state that shaft assembly 30 comprises a conventionally configured shaft with a first end 32 and a second end 34.),
A second coupling assembly (42,44) at said first shaft end (Fig. 3 shows first shaft end 32 is provided a coupling assembly comprising nut 44 and ferrule 42. ¶67 states nut 44 is threaded to engage with threaded cap 150 of the handle assembly 12.),
A prod assembly (38,40) at said second shaft end (Fig. 3 shows that a prod assembly comprising electrodes 38 and 40 is provided at second shaft end 34.);
Said second coupling assembly (42,44) and said first coupling assembly (150) are configured to selectively attach to one another (shown in Fig. 3 and stated in ¶67; Nut 44 is threaded to selectively attach to threaded cap 150.);
Said handle assembly (12) comprises a core housing body (Fig. 3 shows that housing members 18 and 20 along with housing 52 form a core housing body.) having a button aperture (92, 94; Fig. 3 shows that recess 92 and peripheral wall 94 form an aperture in housing member 20 of the core housing body that receives button 108.),
An upper coupling interface (Fig. 4 shows that the first handle end 14 comprises two surfaces that extend horizontally from threaded cap 150 and provide an upper coupling interface for the nut 44 to rest upon when nut 44 is coupled to threaded cap 150.), and
An internal cavity (22; ¶65 states that housing members 18 and 20 of handle assembly 12 form an interior cavity 22 [shown in Figs. 3-5].);
Said handle assembly is configured to enclose said internal cavity of said handle assembly (¶65 states that housing members 18 and 20 of handle assembly 12 enclose interior cavity 22 [shown in Figs. 3-5].);
Said internal cavity (22) is configured to hold one or more electrical components of said cattle prod (Stated in ¶65; Internal cavity 22 retains a power module 130 of cattle prod 10.);
Said internal cavity is further configured to be sealed from environmental contamination and moisture (¶65 states that housing members 18 and 20 of handle assembly 12 enclose interior cavity 22. Therefore, internal cavity 22 is capable of being sealed from environmental contamination and moisture.);
Said upper coupling interface is configured for mating with said shaft assembly (Fig. 4 shows that the first handle end 14 comprises two surfaces that extend horizontally from threaded cap 150 and provide an upper coupling interface for the nut 44 of shaft assembly 30 to rest upon when nut 44 is coupled to threaded cap 150.);
Said button aperture is configured for mating with said activation button (Fig. 3 shows that recess 92 and peripheral wall 94 form an aperture in housing member 20 of the core housing body that receives activation button 108.),
Said cattle prod (10) is configured to couple said internal cavity (22) with said shaft assembly (30) using said first coupling assembly (150) and said second coupling assembly (42,44; Fig. 3 shows that the internal cavity 22 is coupled with shaft assembly 30 using threaded cap 150 and nut 44.),
Said handle assembly (12) comprises said core housing body (Fig. 3 shows that housing members 18 and 20 of handle assembly 12 along with housing 52 form a core housing body.);
Said handle assembly (12) protects said internal cavity (22) by securely channeling said internal cavity into a portion of said shaft assembly through said first coupling assembly and said second coupling assembly (Fig. 3 shows that the second coupling assembly 44 and threaded cap 150 form a channel that securely channel said internal cavity 22 into the channel of nut 44 of said shaft assembly 30.).
The system of Bros fails to explicitly state that said handle assembly comprises a protective coating; that said handle assembly protects said internal cavity by sealing said activation button under a portion of said protective coating; that said activation button is configured to be useful through a portion of said protective coating which is flexible allowing movement of said activation button; and said protective coating comprises a grip portion of said handle assembly; that said protective coating covers said button aperture and said activation button, further safeguarding said activation button from environmental exposure; that said protective coating and said core housing body collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button; said core housing body being free of clamshell seams or threaded joints through which moisture could pass; and said activation button is encapsulated within said protective coating such that said protective coating directly bonds to said core housing body around said button aperture, thereby forming a continuous moisture barrier while permitting actuation of said activation button through elastic deformation of said protective coating.
Blask teaches a handle assembly (see Fig. 1) comprising a protective coating (2), wherein said handle assembly protects an internal cavity by sealing an activation button (3) under a portion of said protective coating (2; Fig. 1 shows that the handle assembly protects an internal cavity by sealing activation button 3 under a portion of protective coating 2.), wherein said activation button (3) is configured to be useful through a portion of said protective coating which is flexible allowing movement of said activation button (see Pg. 2; Activation button 3 is capable of turning the device on and off. Therefore, activation button 3 is useful through a portion of said protective coating 2. Furthermore, the protective coating 2 is made of rubber, which is flexible and allows movement.), said protective coating (2) comprises a grip portion of said handle assembly (See Fig. 1; Protective coating 2 comprises a grip portion of the handle assembly.), said protective coating (2) covers said button aperture and said activation button (3) further safeguarding said activation button from environmental exposure (See Fig. 1; Protective coating 2 covers the activation button 3 and its corresponding aperture, which can further safeguard activation button 3 from environmental exposure.), said protective coating (2) and said core housing body (1) collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button (See Fig. 1 and Pg. 2; Protective coating 2 and core housing body 1 collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button 3.), said core housing body (1) being free of clamshell seams or threaded joints through which moisture could pass (See Fig. 1 and Pg. 2; Core housing body 1 doesn’t have clamshell seams or threaded joints through which moisture could pass.), and said activation button (3) is encapsulated within said protective coating (2) such that said protective coating (2) directly bonds to said core housing body (1) around said button aperture, thereby forming a continuous moisture barrier while permitting actuation of said activation button through elastic deformation of said protective coating (See Fig. 1 and Pg. 2; Activation button 3 is encapsulated within said protective coating 2 such that the protective coating 2 directly bonds to said core housing body 1 around the button aperture of activation button 3. Furthermore, protective coating 2 is made of rubber and is waterproof, thereby it forms a continuous moisture barrier while permitting actuation of said activation button 3 through elastic deformation of said protective coating 2.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros to have said handle assembly comprise a protective coating, said handle assembly protects said internal cavity by sealing said activation button under a portion of said protective coating, said activation button is configured to be useful through a portion of said protective coating which is flexible allowing movement of said activation button, said protective coating comprises a grip portion of said handle assembly, said protective coating covers said button aperture and said activation button, further safeguarding said activation button from environmental exposure, said protective coating and said core housing body collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button, said core housing body being free of clamshell seams or threaded joints through which moisture could pass, and said activation button is encapsulated within said protective coating such that said protective coating directly bonds to said core housing body around said button aperture, thereby forming a continuous moisture barrier while permitting actuation of said activation button through elastic deformation of said protective coating as taught by Blask with reasonable expectation of success to provide a waterproof and insulating protective coating.
The system of Bros as modified by Blask teaches the claimed invention except for the fact that said protective coating comprises a secondary over molding to encapsulate said core housing body. Bros teaches a second embodiment of cattle prod (210) comprising a protective coating (223); said protective coating (223) comprising a secondary over molding to encapsulate said core housing body (¶88 states that protective coating 223 is attached to the exterior surface of the core housing body 212 via a secondary over molding and is therefore capable of encapsulating the core housing body 212.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have said protective coating comprise a secondary over molding to encapsulate said core housing body s taught by a different embodiment of Bros with reasonable expectation of success to enable the stock prod to be more easily manipulated when weather conditions are less than ideal or when a user is wearing gloves (Bros, ¶88), since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The system of Bros as modified by Blask teaches the claimed invention except for the fact that said core housing body comprising an injection molded polymer. O’Byrne teaches a cattle prod (100) comprising a handle assembly (101) comprising core housing body (shown in Fig. 2; Handle 101 comprises a core housing body that houses battery 202.) wherein the core housing body comprises an injection molded polymer (Column 3 Lines 10-15 states that the core housing body of handle 101 is made of plastic or rubber which are injection molded polymers.). It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have said core housing body comprise an injection molded polymer as taught by O’Byrne with reasonable expectation of success because these materials can be molded to ergonomic shapes that provide a more comfortable grip, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obviousness. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Regarding Claim 2, the system of Bros as modified by Blask and O’Byrne, as shown above, teaches the limitations of Claim 1.
The system of Bros as modified by Blask and O’Byrne further teaches (references to Blask) that said protective coating (2) comprises rubber (Stated in Pg. 2).
Regarding Claim 19, the system of Bros as modified by Blask and O’Byrne, as shown above, teaches the limitations of Claim 1.
Bros further teaches that said first coupling assembly (150) and said second coupling assembly (42, 44) cooperate to form a sealed interface that prevents environmental contamination and moisture from entering said internal cavity (See Figs. 3-4; The first coupling assembly 150 and second coupling assembly 42,44 cooperate to form a sealed interface that prevents environmental contamination and moisture from entering said internal cavity.).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Bros et al. (US 20060027641 A1) as modified by Blask (DE 4441080 A1) and O’Byrne (US 6460489 B1) as applied to claim 1 above, and further in view of Alfaro (US 20110308980 A1).
Regarding Claim 3, the system of Bros as modified by Blask and O’Byrne, as shown above, teaches the limitations of Claim 1.
However, the system of Bros as modified by Blask and O’Byrne fails to explicitly state that the cattle prod further comprises a magnet sleeve assembly; said magnet sleeve assembly comprises an external attachment that slides onto or securely fits around said handle assembly; and said magnet sleeve assembly houses one or more magnets, enabling said handle assembly to attach to metallic surfaces.
Alfaro teaches a magnet sleeve assembly (shown in Fig. 1) comprises an external attachment (38) that slides onto or securely fits around said handle assembly (Fig. 1 shows that sleeve 38 is an external attachment that slides onto and securely fits around handle assembly 36.) and said magnet sleeve assembly houses one or more magnets (26), enabling said handle assembly to attach to metallic surfaces (Fig. 1 shows that magnets 26 are housed in sleeve 38 [See also ¶23]. ¶19 states and Fig. 1 shows that the magnetic sleeve assembly is capable of allowing the handle assembly 36 to be attached to metallic surfaces.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros as modified by Blask and O’Byrne to include a magnet sleeve assembly, said magnet sleeve assembly comprises an external attachment that slides onto or securely fits around said handle assembly, and said magnet sleeve assembly houses one or more magnets, enabling said handle assembly to attach to metallic surfaces as taught by Alfaro with reasonable expectation of success to facilitate storage (Alfaro, ¶19).
Claims 4-7, 17-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Bros et al. (US 20060027641 A1) in view of Blask (DE 4441080 A1).
Regarding Claim 4, Bros teaches a cattle prod (10) comprising an electrical prod for the livestock industry (Stated in ¶2-3; Cattle prod 10 is an electrical prod for used in the livestock industry.), said cattle prod comprising:
Said cattle prod (10) comprises handle assembly (12) and shaft assembly (30);
Said handle assembly (12) comprises a handle portion (shown in Figs. 1-2; Handle assembly comprises a handle portion made of members 18 and 20.) having a first handle end (14) and a second handle end (16),
A first coupling assembly (150) at said first handle end (Fig. 3 and ¶67 show/state that threaded cap 150 is provided at the first handle end 14 of body 12 to couple the shaft assembly 30 to the handle assembly 12.),
An activation button (108; shown in Fig. 3), and
A battery (B; shown in Fig. 3) for operating said cattle prod (¶16 states that one or more batteries may be used as a power source for operating cattle prod 10.);
Said shaft assembly (30) comprises a shaft portion having a first shaft end (32) and a second shaft end (34; ¶65 and Fig. 1 show/state that shaft assembly 30 comprises a conventionally configured shaft with a first end 32 and a second end 34.),
A second coupling assembly (42,44) at said first shaft end (Fig. 3 shows first shaft end 32 is provided a coupling assembly comprising nut 44 and ferrule 42. ¶67 states nut 44 is threaded to engage with threaded cap 150 of the handle assembly 12.),
A prod assembly (38,40) at said second shaft end (Fig. 3 shows that a prod assembly comprising electrodes 38 and 40 is provided at second shaft end 34.);
Said second coupling assembly (42,44) and said first coupling assembly (150) are configured to selectively attach to one another (shown in Fig. 3 and stated in ¶67; Nut 44 is threaded to selectively attach to threaded cap 150.);
Said handle assembly (12) comprises a core housing body (Fig. 3 shows that housing members 18 and 20 along with housing 52 form a core housing body.) having a button aperture (92, 94; Fig. 3 shows that recess 92 and peripheral wall 94 form an aperture in housing member 20 of the core housing body that receives button 108.),
An upper coupling interface (Fig. 4 shows that the first handle end 14 comprises two surfaces that extend horizontally from threaded cap 150 and provide an upper coupling interface for the nut 44 to rest upon when nut 44 is coupled to threaded cap 150.), and
An internal cavity (22; ¶65 states that housing members 18 and 20 of handle assembly 12 form an interior cavity 22 [shown in Figs. 3-5].);
Said handle assembly is configured to enclose said internal cavity of said handle assembly (¶65 states that housing members 18 and 20 of handle assembly 12 enclose interior cavity 22 [shown in Figs. 3-5].);
Said internal cavity (22) is configured to hold one or more electrical components of said cattle prod (Stated in ¶65; Internal cavity 22 retains a power module 130 of cattle prod 10.);
Said internal cavity is further configured to be sealed from environmental contamination and moisture (¶65 states that housing members 18 and 20 of handle assembly 12 enclose interior cavity 22. Therefore, internal cavity 22 is capable of being sealed from environmental contamination and moisture.);
Said upper coupling interface is configured for mating with said shaft assembly (Fig. 4 shows that the first handle end 14 comprises two surfaces that extend horizontally from threaded cap 150 and provide an upper coupling interface for the nut 44 of shaft assembly 30 to rest upon when nut 44 is coupled to threaded cap 150.);
Said button aperture is configured for mating with said activation button (Fig. 3 shows that recess 92 and peripheral wall 94 form an aperture in housing member 20 of the core housing body that receives activation button 108.),
Said cattle prod (10) is configured to couple said internal cavity (22) with said shaft assembly (30) using said first coupling assembly (150) and said second coupling assembly (42,44; Fig. 3 shows that the internal cavity 22 is coupled with shaft assembly 30 using threaded cap 150 and nut 44.),
Said handle assembly (12) comprises said core housing body (Fig. 3 shows that housing members 18 and 20 of handle assembly 12 along with housing 52 form a core housing body.);
Said handle assembly (12) protects said internal cavity (22) by securely channeling said internal cavity into a portion of said shaft assembly through said first coupling assembly and said second coupling assembly (Fig. 3 shows that the second coupling assembly 44 and threaded cap 150 form a channel that securely channel said internal cavity 22 into the channel of nut 44 of said shaft assembly 30.).
The system of Bros fails to explicitly state that said handle assembly comprises a protective coating; that said handle assembly protects said internal cavity by sealing said activation button under a portion of said protective coating; that said activation button is configured to be useful through a portion of said protective coating which is flexible allowing movement of said activation button; that said protective coating and said core housing body collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button; said core housing body being free of clamshell seams or threaded joints through which moisture could pass; and said activation button is encapsulated within said protective coating such that said protective coating directly bonds to said core housing body around said button aperture, thereby forming a continuous moisture barrier while permitting actuation of said activation button through elastic deformation of said protective coating.
Blask teaches a handle assembly (see Fig. 1) comprising a protective coating (2), wherein said handle assembly protects an internal cavity by sealing an activation button (3) under a portion of said protective coating (2; Fig. 1 shows that the handle assembly protects an internal cavity by sealing activation button 3 under a portion of protective coating 2.), wherein said activation button (3) is configured to be useful through a portion of said protective coating which is flexible allowing movement of said activation button (see Pg. 2; Activation button 3 is capable of turning the device on and off. Therefore, activation button 3 is useful through a portion of said protective coating 2. Furthermore, the protective coating 2 is made of rubber, which is flexible and allows movement.), said protective coating (2) and said core housing body (1) collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button (See Fig. 1 and Pg. 2; Protective coating 2 and core housing body 1 collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button 3.), said core housing body (1) being free of clamshell seams or threaded joints through which moisture could pass (See Fig. 1 and Pg. 2; Core housing body 1 doesn’t have clamshell seams or threaded joints through which moisture could pass.), and said activation button (3) is encapsulated within said protective coating (2) such that said protective coating (2) directly bonds to said core housing body (1) around said button aperture, thereby forming a continuous moisture barrier while permitting actuation of said activation button through elastic deformation of said protective coating (See Fig. 1 and Pg. 2; Activation button 3 is encapsulated within said protective coating 2 such that the protective coating 2 directly bonds to said core housing body 1 around the button aperture of activation button 3. Furthermore, protective coating 2 is made of rubber and is waterproof, thereby it forms a continuous moisture barrier while permitting actuation of said activation button 3 through elastic deformation of said protective coating 2.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros to have said handle assembly comprise a protective coating, said handle assembly protects said internal cavity by sealing said activation button under a portion of said protective coating, said activation button is configured to be useful through a portion of said protective coating which is flexible allowing movement of said activation button, said protective coating and said core housing body collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button, said core housing body being free of clamshell seams or threaded joints through which moisture could pass, and said activation button is encapsulated within said protective coating such that said protective coating directly bonds to said core housing body around said button aperture, thereby forming a continuous moisture barrier while permitting actuation of said activation button through elastic deformation of said protective coating as taught by Blask with reasonable expectation of success to provide a waterproof and insulating protective coating.
Regarding Claim 5, the system of Bros as modified by Blask, as shown above, teaches the limitations of Claim 4.
Bros further teaches that said second coupling assembly (42,44) and said first coupling assembly (150) comprise a threading configured to mate with one another (shown in Fig. 3; ¶67 states that nut 44 is threaded to selectively attach to threaded cap 150.).
Regarding Claim 6, the system of Bros as modified by Blask, as shown above, teaches the limitations of Claim 4.
Bros teaches a second embodiment of cattle prod (210) comprising a wireless charging receiver (250) and a wireless charging base (502); said wireless charging receiver (250) is encased within said cattle prod (Fig. 22a and ¶89 show/state that the power supply 250 is encased by housing 252 within cattle prod 210.); and said wireless charging receiver (250) and said wireless charging base (502) selectively mate to wirelessly charge said battery (shown in Fig. 22a and ¶90; Wireless charging base 502 and wireless charging receiver 250 use an inductive charging arrangement that allows the base 502 and receiver 250 to selectively mate to wirelessly charge the battery.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros as modified by Blask to include a wireless charging receiver and a wireless charging base; said wireless charging receiver is encased within said cattle prod; and said wireless charging receiver (500) and said wireless charging base selectively mate to wirelessly charge said battery as taught by a different embodiment of Bros with reasonable expectation of success to provide a more convenient and seamless charging method.
Regarding Claim 7, the system of Bros as modified by Blask, as shown above, teaches the limitations of Claim 6.
Bros further teaches that said cattle prod (210) comprises a wireless charging feature utilizing said wireless charging receiver (250) and said wireless charging base (502; Fig. 22a and ¶90 show that wireless charging base 502 and wireless charging receiver 250 use an inductive charging arrangement that allows the base 502 and receiver 250 to selectively mate to wirelessly charge the battery); and said wireless charging receiver (250) and said wireless charging base (502) operate using inductive charging technology (Fig. 22a and ¶90 show that wireless charging base 502 and wireless charging receiver 250 use an inductive charging arrangement.).
Regarding Claim 17, Bros teaches a cattle prod (10) comprising an electrical prod for the livestock industry (Stated in ¶2-3; Cattle prod 10 is an electrical prod for used in the livestock industry.), said cattle prod comprising:
Said cattle prod (10) comprises handle assembly (12) and shaft assembly (30);
Said handle assembly (12) comprises a handle portion (shown in Figs. 1-2; Handle assembly comprises a handle portion made of members 18 and 20.) having a first handle end (14) and a second handle end (16),
A first coupling assembly (150) at said first handle end (Fig. 3 and ¶67 show/state that threaded cap 150 is provided at the first handle end 14 of body 12 to couple the shaft assembly 30 to the handle assembly 12.),
An activation button (108; shown in Fig. 3), and
A battery (B; shown in Fig. 3) for operating said cattle prod (¶16 states that one or more batteries may be used as a power source for operating cattle prod 10.);
Said shaft assembly (30) comprises a shaft portion having a first shaft end (32) and a second shaft end (34; ¶65 and Fig. 1 show/state that shaft assembly 30 comprises a conventionally configured shaft with a first end 32 and a second end 34.),
A second coupling assembly (42,44) at said first shaft end (Fig. 3 shows first shaft end 32 is provided a coupling assembly comprising nut 44 and ferrule 42. ¶67 states nut 44 is threaded to engage with threaded cap 150 of the handle assembly 12.),
A prod assembly (38,40) at said second shaft end (Fig. 3 shows that a prod assembly comprising electrodes 38 and 40 is provided at second shaft end 34.);
Said second coupling assembly (42,44) and said first coupling assembly (150) are configured to selectively attach to one another (shown in Fig. 3 and stated in ¶67; Nut 44 is threaded to selectively attach to threaded cap 150.);
Said handle assembly (12) comprises a core housing body (Fig. 3 shows that housing members 18 and 20 along with housing 52 form a core housing body.) having a button aperture (92, 94; Fig. 3 shows that recess 92 and peripheral wall 94 form an aperture in housing member 20 of the core housing body that receives button 108.),
An upper coupling interface (Fig. 4 shows that the first handle end 14 comprises two surfaces that extend horizontally from threaded cap 150 and provide an upper coupling interface for the nut 44 to rest upon when nut 44 is coupled to threaded cap 150.), and
An internal cavity (22; ¶65 states that housing members 18 and 20 of handle assembly 12 form an interior cavity 22 [shown in Figs. 3-5].);
Said handle assembly is configured to enclose said internal cavity of said handle assembly (¶65 states that housing members 18 and 20 of handle assembly 12 enclose interior cavity 22 [shown in Figs. 3-5].);
Said internal cavity (22) is configured to hold one or more electrical components of said cattle prod (Stated in ¶65; Internal cavity 22 retains a power module 130 of cattle prod 10.);
Said internal cavity is further configured to be sealed from environmental contamination and moisture (¶65 states that housing members 18 and 20 of handle assembly 12 enclose interior cavity 22. Therefore, internal cavity 22 is capable of being sealed from environmental contamination and moisture.);
Said upper coupling interface is configured for mating with said shaft assembly (Fig. 4 shows that the first handle end 14 comprises two surfaces that extend horizontally from threaded cap 150 and provide an upper coupling interface for the nut 44 of shaft assembly 30 to rest upon when nut 44 is coupled to threaded cap 150.);
Said button aperture is configured for mating with said activation button (Fig. 3 shows that recess 92 and peripheral wall 94 form an aperture in housing member 20 of the core housing body that receives activation button 108.),
Said cattle prod (10) is configured to couple said internal cavity (22) with said shaft assembly (30) using said first coupling assembly (150) and said second coupling assembly (42,44; Fig. 3 shows that the internal cavity 22 is coupled with shaft assembly 30 using threaded cap 150 and nut 44.),
Said handle assembly (12) comprises said core housing body (Fig. 3 shows that housing members 18 and 20 of handle assembly 12 along with housing 52 form a core housing body.);
Said handle assembly (12) protects said internal cavity (22) by securely channeling said internal cavity into a portion of said shaft assembly through said first coupling assembly and said second coupling assembly (Fig. 3 shows that the second coupling assembly 44 and threaded cap 150 form a channel that securely channel said internal cavity 22 into the channel of nut 44 of said shaft assembly 30.).
The system of Bros fails to explicitly state that said cattle prod further comprises a wireless charging receiver and a wireless charging base; said wireless charging receiver is encased within said cattle prod; and said wireless charging receiver and said wireless charging base selectively mate to wirelessly charge said battery.
Bros teaches a second embodiment of cattle prod (210) comprising a wireless charging receiver (250) and a wireless charging base (502); said wireless charging receiver (250) is encased within said cattle prod (Fig. 22a and ¶89 show/state that the power supply 250 is encased by housing 252 within cattle prod 210.); and said wireless charging receiver (250) and said wireless charging base (502) selectively mate to wirelessly charge said battery (shown in Fig. 22a and ¶90; Wireless charging base 502 and wireless charging receiver 250 use an inductive charging arrangement that allows the base 502 and receiver 250 to selectively mate to wirelessly charge the battery.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros to include a wireless charging receiver and a wireless charging base; said wireless charging receiver is encased within said cattle prod; and said wireless charging receiver and said wireless charging base selectively mate to wirelessly charge said battery as taught by a different embodiment of Bros with reasonable expectation of success to provide a more convenient and seamless charging method.
The system of Bros fails to explicitly state that said handle assembly comprises a protective coating; that said handle assembly protects said internal cavity by sealing said activation button under a portion of said protective coating; that said activation button is configured to be useful through a portion of said protective coating which is flexible allowing movement of said activation button; that said protective coating and said core housing body collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button; said core housing body being free of clamshell seams or threaded joints through which moisture could pass; and said activation button is encapsulated within said protective coating such that said protective coating directly bonds to said core housing body around said button aperture, thereby forming a continuous moisture barrier while permitting actuation of said activation button through elastic deformation of said protective coating.
Blask teaches a handle assembly (see Fig. 1) comprising a protective coating (2), wherein said handle assembly protects an internal cavity by sealing an activation button (3) under a portion of said protective coating (2; Fig. 1 shows that the handle assembly protects an internal cavity by sealing activation button 3 under a portion of protective coating 2.), wherein said activation button (3) is configured to be useful through a portion of said protective coating which is flexible allowing movement of said activation button (see Pg. 2; Activation button 3 is capable of turning the device on and off. Therefore, activation button 3 is useful through a portion of said protective coating 2. Furthermore, the protective coating 2 is made of rubber, which is flexible and allows movement.), said protective coating (2) and said core housing body (1) collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button (See Fig. 1 and Pg. 2; Protective coating 2 and core housing body 1 collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button 3.), said core housing body (1) being free of clamshell seams or threaded joints through which moisture could pass (See Fig. 1 and Pg. 2; Core housing body 1 doesn’t have clamshell seams or threaded joints through which moisture could pass.), and said activation button (3) is encapsulated within said protective coating (2) such that said protective coating (2) directly bonds to said core housing body (1) around said button aperture, thereby forming a continuous moisture barrier while permitting actuation of said activation button through elastic deformation of said protective coating (See Fig. 1 and Pg. 2; Activation button 3 is encapsulated within said protective coating 2 such that the protective coating 2 directly bonds to said core housing body 1 around the button aperture of activation button 3. Furthermore, protective coating 2 is made of rubber and is waterproof, thereby it forms a continuous moisture barrier while permitting actuation of said activation button 3 through elastic deformation of said protective coating 2.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros to have said handle assembly comprise a protective coating, said handle assembly protects said internal cavity by sealing said activation button under a portion of said protective coating, said activation button is configured to be useful through a portion of said protective coating which is flexible allowing movement of said activation button, said protective coating and said core housing body collectively define a single continuous sealed structure forming a watertight enclosure around said internal cavity and said activation button, said core housing body being free of clamshell seams or threaded joints through which moisture could pass, and said activation button is encapsulated within said protective coating such that said protective coating directly bonds to said core housing body around said button aperture, thereby forming a continuous moisture barrier while permitting actuation of said activation button through elastic deformation of said protective coating as taught by Blask with reasonable expectation of success to provide a waterproof and insulating protective coating.
Regarding Claim 18, the system of Bros as modified by Blask, as shown above, teaches the limitations of Claim 17.
Bros further teaches that said cattle prod (210) comprises a wireless charging feature utilizing said wireless charging receiver (250) and said wireless charging base (502; Fig. 22a and ¶90 show that wireless charging base 502 and wireless charging receiver 250 use an inductive charging arrangement that allows the base 502 and receiver 250 to selectively mate to wirelessly charge the battery); and said wireless charging receiver (250) and said wireless charging base (502) operate using inductive charging technology (Fig. 22a and ¶90 show that wireless charging base 502 and wireless charging receiver 250 use an inductive charging arrangement.).
Regarding Claim 20, the system of Bros as modified by Blask, as shown above, teaches the limitations of Claim 4.
Bros further teaches that said first coupling assembly (150) and said second coupling assembly (42, 44) cooperate to form a sealed interface that prevents environmental contamination and moisture from entering said internal cavity (See Figs. 3-4; The first coupling assembly 150 and second coupling assembly 42,44 cooperate to form a sealed interface that prevents environmental contamination and moisture from entering said internal cavity.).
Claims 8-9 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Bros et al. (US 20060027641 A1) as modified by Blask (DE 4441080 A1) as applied to claim 4 above, and further in view of Alfaro (US 20110308980 A1).
Regarding Claim 8, the system of Bros as modified by Blask, as shown above, teaches the limitations of Claim 4.
However, the system of Bros as modified by Blask fails to explicitly state that the cattle prod further comprises one or more magnets within said handle assembly; and said one or more magnets are arranged to allow said handle assembly to selectively attach to metal surfaces.
Alfaro teaches one or more magnets (26) within a handle assembly (Fig. 1 shows that magnets 26 are provided with a handle assembly 36.), and said one or more magnets (26) are arranged to allow said handle assembly to selectively attach to metal surfaces (¶19 states and Fig. 1 shows that the magnetic sleeve assembly is capable of allowing the handle assembly 36 to be attached to metallic surfaces.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros as modified by Blask to one or more magnets within said handle assembly, said one or more magnets are arranged to allow said handle assembly to selectively attach to metal surfaces as taught by Alfaro with reasonable expectation of success to facilitate storage (Alfaro, ¶19).
Regarding Claim 9, the system of Bros as modified by Blask and Alfaro, as shown above, teaches the limitations of Claim 8.
The system of Bros as modified by Blask and Alfaro further teaches (references to Alfaro) that said one more magnets (26) are encased within a portion (38) of said handle assembly (Fig. 1 shows that magnets 26 are encased within sleeve 38 of said handle assembly 36.).
Regarding Claim 16, the system of Bros as modified by Blask, as shown above, teaches the limitations of Claim 4.
However, the system of Bros as modified by Blask fails to explicitly state that the cattle prod further comprises a magnet sleeve assembly and one or more magnets; said magnet sleeve assembly comprises an external attachment that slides onto or securely fits around said handle assembly; and said magnet sleeve assembly houses one or more magnets, enabling said handle assembly to attach to metallic surfaces.
Alfaro teaches a magnet sleeve assembly (shown in Fig. 1) and one or more magnets (26), said magnet sleeve assembly comprising an external attachment (38) that slides onto or securely fits around said handle assembly (Fig. 1 shows that sleeve 38 is an external attachment that slides onto and securely fits around handle assembly 36.) and said magnet sleeve assembly housing said one or more magnets (26), enabling said handle assembly to attach to metallic surfaces (Fig. 1 shows that magnets 26 are housed in sleeve 38 [See also ¶23]. ¶19 states and Fig. 1 shows that the magnetic sleeve assembly is capable of allowing the handle assembly 36 to be attached to metallic surfaces.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros as modified by Blask to include a magnet sleeve assembly and one or more magnets, said magnet sleeve assembly comprises an external attachment that slides onto or securely fits around said handle assembly, and said magnet sleeve assembly houses one or more magnets, enabling said handle assembly to attach to metallic surfaces as taught by Alfaro with reasonable expectation of success to facilitate storage (Alfaro, ¶19).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Bros et al. (US 20060027641 A1) as modified by Blask (DE 4441080 A1) as applied to claim 4 above, and further in view of Andrews et al. (US 4394956 A).
Regarding Claim 10, the system of Bros as modified by Blask, as shown above, teaches the limitations of Claim 4.
The different embodiment of Bros further teaches a threaded connector assembly (shown in Fig. 11) comprises:
A base connector (214; Fig. 11 shows that the threaded connector assembly comprises a base 214 that connects the threaded collar 215 to the handle assembly 212.), and
A threaded attachment collar (215);
Said threaded connector assembly is securely attached to said core housing body (Fig. 11 shows that threaded connector assembly is securely attached to the core housing body of the handle assembly 212.); and
Said threaded connector assembly comprises a connector channel which creates a channel between said internal cavity and said shaft assembly (Fig. 3 shows that the threaded connector assembly comprising threaded attachment collar 215 and base 214 comprises a connector channel which forms a channel between the internal cavity 222 of handle assembly 212 and the shaft assembly [See also ¶86].).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros as modified by Blask to include a threaded connector assembly comprise a base connector and an threaded attachment collar, said threaded connector assembly is securely attached to said core housing body, and said threaded connector assembly comprises a connector channel which creates a channel between said internal cavity and said shaft assembly as taught by a different embodiment of Bros with reasonable expectation of success to create stronger attachment and provide easier assembly and disassembly.
The system of Bros as modified by Blask fails to explicitly state that the threaded connector assembly comprises a sealing flange.
Andrews teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a stock or cattle prod.), the system of Andrews teaches a threaded connector assembly (shown in Fig. 7) comprises a sealing flange (47). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Bros as modified by Blask to have the threaded connector assembly comprise a sealing flange as taught by Andrews with reasonable expectation of success to provide a reusable, leak-resistant connection.
Regarding Claim 11, the system of Bros as modified by Blask and Andrews, as shown above, teaches the limitations of Claim 10.
Bros further teaches that said threaded connector assembly (shown in Fig. 11) further comprises a threaded coupling assembly (215) configured to secure said handle assembly to said shaft assembly (¶86 states that threaded coupling assembly 215 secures handle assembly 212 to the shaft assembly.).
Regarding Claim 12, the system of Bros as modified by Blask and Andrews, as shown above, teaches the limitations of Claim 10.
The system of Bros as modified by Blask and Andrews further teaches (references to Bros) that said base connector (214) connects into said upper coupling interface of said core housing body (Fig. 11 shows that base 214 is connected to an upper interface of the core housing body of the handle assembly 212.), while said sealing flange rests on the upper edge of said core housing body around said upper coupling interface (Due to the modification of Andrews, a sealing flange 47 would rest in the upper edge of said core housing body around an upper interface [as shown in Fig. 7 of Andrews].).
The system of Bros as modified by Blask and Andrews teaches the claimed invention except for the fact that said base connector slides into said upper coupling interface of said core housing body. It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have the base connector of the s system of Bros as modified by Blask and Andrews be slidably inserted into said upper coupling interface of said core housing body to provide a smooth user operation as well as a versatile design, since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Bros et al. (US 20060027641 A1) as modified by Blask (DE 4441080 A1) as applied to claim 4 above, and further in view of O’Byrne (US 6460489 B1).
Regarding Claim 14, the system of Bros as modified by Blask, as shown above, teaches the limitations of Claim 4.
The system of Bros as modified by Blask further teaches (references to Blask) that said protective coating (2) comprises a grip portion of said handle assembly (See Fig. 1; Protective coating 2 comprises a grip portion of the handle assembly.), and that said protective coating (2) covers said button aperture and said activation button (3) further safeguarding said activation button from environmental exposure (See Fig. 1; Protective coating 2 covers the activation button 3 and its corresponding aperture, which can further safeguard activation button 3 from environmental exposure.).
The system of Bros as modified by Blask teaches the claimed invention except for the fact that said protective coating comprises a secondary over molding to encapsulate said core housing body. Bros teaches a second embodiment of cattle prod (210) comprising a protective coating (223); said protective coating (223) comprising a secondary over molding to encapsulate said core housing body (¶88 states that protective coating 223 is attached to the exterior surface of the core housing body 212 via a secondary over molding and is therefore capable of encapsulating the core housing body 212.). It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to have said protective coating comprise a secondary over molding to encapsulate said core housing body s taught by a different embodiment of Bros with reasonable expectation of success to enable the stock prod to be more easily manipulated when weather conditions are less than ideal or when a user is wearing gloves (Bros, ¶88), since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
The system of Bros as modified by Blask teaches the claimed invention except for the fact that said core housing body comprising an injection molded polymer. O’Byrne teaches a cattle prod (100) comprising a handle assembly (101) comprising core housing body (shown in Fig. 2; Handle 101 comprises a core housing body that houses battery 202.) wherein the core housing body comprises an injection molded polymer (Column 3 Lines 10-15 states that the core housing body of handle 101 is made of plastic or rubber which are injection molded polymers.). It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have said core housing body comprise an injection molded polymer as taught by O’Byrne with reasonable expectation of success because these materials can be molded to ergonomic shapes that provide a more comfortable grip, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obviousness. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Regarding Claim 15, the system of Bros as modified by Blask and O’Byrne, as shown above, teaches the limitations of Claim 14.
The system of Bros as modified by Blask and O’Byrne further teaches (references to Blask) that said protective coating (2) comprises rubber (Stated in Pg. 2).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 4, and 17 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
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Mendicino (US 4667431 A) teaches a waterproof casing.
Smith (US 1210112 A) teaches certain improvements in electric prod poles.
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 ANGELICA A ALMEIDA BONNIN whose telephone number is (571)272-0708. The examiner can normally be reached M-F 8:30 AM - 5:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.A.A./ Examiner, Art Unit 3643
/DAVID J PARSLEY/ Primary Examiner, Art Unit 3643