DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 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.
Claims 1, 3-4, 8-11, 15, and 17-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Denesuk et al. (US 6196156), hereinafter Denesuk.
Regarding claim 1, Denesuk teaches of (fig. 1) a removable pet bed cover (col. 11 lines 25-38, cover 12 is removable) for encasing and protecting a plurality of different rectangular pet beds of varying shapes and sizes (the cover can fit in the rectangular pet bed seen in fig. 1 and any pet bed that is shaped and sized within the dimensions of the cover), the removable pet bed cover (12) comprising:
exactly two fabric sheets (col. 25 lines 54-67, exactly two fabric sheets by using two cut halves, comprising a top and a bottom, sewn together along the perimeter), wherein the two fabric sheets comprise:
a first fabric sheet making up a top side of the removable pet bed cover (top of cover 12); and
a second fabric sheet making up a bottom side of the removable pet bed cover (bottom of cover 12),
wherein the first fabric sheet and the second fabric sheet each have a rectangular shape with four sides and substantially equal dimensions (seen in fig. 1); and
wherein the first fabric sheet and the second fabric sheet are joined together along at least two of the four sides of the first fabric sheet and the second fabric sheet (fig. 1, col. 30 lines 39-50, an example of the manufacture is that the cut halves are sewn along their mutual perimeter, excluding one of the sides, resulting in a cover) to form an interior cavity configured to receive a rectangular pet bed (fig. 3, interior cavity to hold inner filling 14, which is a rectangular pet bed); and
a closure mechanism (fig. 1, zipper 20) disposed along at least a portion of a fourth side of the four sides of the first fabric sheet and the second fabric sheet (fig. 1, col. 30 lines 39-50, a zipper is on the unsewn side), wherein the closure mechanism is configured to allow selective opening and closing of the interior cavity (seen in fig. 1);
wherein the removable pet bed cover is configured to fully enclose the rectangular pet bed within the interior cavity when the closure mechanism is closed (seen in fig. 1) and is removable from the rectangular pet bed for laundering when the closure mechanism is open (col. 11 lines 25-38 and col. 6 lines 4-13, cover is removable and can be laundered); and
wherein the removable pet bed cover is not custom-fitted to any specific pet bed (col. 25 lines 54-67, the cover is made by die-cutting appropriately sized pieces for a generic rectangular, circular, square, or oblong pet bed. A specific bed with specific dimensions and features is not mentioned and a generic bed is used to describe the manufacturing process. Examiner notes that various different pet beds that fits within the dimensions of the cover would be able to use the cover, such that the cover is universal to pet beds that fits within the dimensions).
Regarding claim 3, Denesuk teaches of claim 1, and wherein the first fabric sheet and the second fabric sheet are joined together via one or more of the following: stitching, heat-sealing, ultrasonic welding, or gluing (col. 25 lines 54-67, of the options, manufacture of the cover is by using two cut halves, comprising a top and a bottom, are sewn together along the perimeter).
Regarding claim 4, Denesuk teaches of claim 1, and wherein the closure mechanism comprises a zipper, a hook-and-loop fastener, buttons, snaps, or a drawstring (fig. 1, of the options, closure mechanism is a zipper 20; col. 25 lines 54-67, the closure mechanism can be a zipper, hook-and-loop fastener Velcro, or buttons).
Regarding claim 8, Denesuk teaches of claim 1, and wherein the closure mechanism is disposed along at least a portion of the fourth side and at least a portion of a third side of the four sides of the first fabric sheet and the second fabric sheet (fig. 1, zipper 20 can be disposed along a third and fourth side).
Regarding claim 9, Denesuk teaches of (figs. 1-2) a removable pet bed cover (col. 11 lines 25-38, cover 12 is removable) for encasing and protecting a plurality of different pet beds of varying shapes and sizes (abstract, figs. 1 and 2, the pet bed cover can fit over the rectangular pet bed seen in fig. 1, the circular bed in fig. 2, and is able to fit over any pet bed that is shaped and sized within the dimensions of the cover), the removable pet bed cover comprising:
exactly two fabric sheets (col. 25 lines 54-67, exactly two fabric sheets by using two cut halves, comprising a top and a bottom, sewn together along the perimeter), wherein the two fabric sheets comprise:
a first fabric sheet making up a top side of the removable pet bed cover (top of cover 12); and
a second fabric sheet making up a bottom side of the removable pet bed cover (bottom of cover 12) (col. 25 lines 54-67, manufacture of the cover is by using two cut halves, comprising a top and a bottom, are sewn together along the perimeter),
wherein the first fabric sheet and the second fabric sheet each have a round shape and substantially equal dimensions (fig. 2, abstract, the bed article can be circular and substantially equal dimensions); and
wherein the first fabric sheet and the second fabric sheet are joined together along a perimeter of the first fabric sheet and the second fabric sheet (col. 25 lines 54-67, the circular bed article is formed similarly to the rectangular cover via the cut halves are sewn together along the perimeter) to form an interior cavity configured to receive a pet bed (fig. 3, interior cavity to hold inner filling 14, which is a pet bed); and
a closure mechanism (fig. 1, zipper 20) disposed along a remaining portion of the perimeter of the first fabric sheet and the second fabric sheet (fig. 1, col. 30 lines 39-50, the zipper is applied similarly to a circular bed article in fig. 2; the zipper is applied to a remaining perimeter that is unsewn), wherein the closure mechanism is configured to allow selective opening and closing of the interior cavity (zippers allow selective opening and closing of the interior cavity);
wherein the removable pet bed cover is configured to fully enclose the pet bed within the interior cavity when the closure mechanism is closed (seen in fig. 2) and is removable from the pet bed for laundering when the closure mechanism is open (col. 11 lines 25-38 and col. 6 lines 4-13, cover is removable and can be laundered); and
wherein the removable pet bed cover is not custom-fitted to any specific pet bed (col. 25 lines 54-67, the cover is made by die-cutting appropriately sized pieces for a generic rectangular, circular, square, or oblong pet bed. A specific bed with specific dimensions and features is not mentioned and a generic bed is used to describe the manufacturing process. Examiner notes that various different pet beds that fits within the dimensions of the cover would be able to use the cover, such that the cover is universal to pet beds that fits within the dimensions).
Regarding claim 10, Denesuk teaches of claim 9, and wherein the first fabric sheet and the second fabric sheet are joined together via one or more of the following: stitching, heat-sealing, ultrasonic welding, or gluing (col. 25 lines 54-67, of the options, manufacture of the cover is by using two cut halves, comprising a top and a bottom, are sewn together along the perimeter).
Regarding claim 11, Denesuk teaches of claim 9, and wherein the closure mechanism comprises a zipper, a hook-and-loop fastener, buttons, snaps, or a drawstring (fig. 1, of the options, closure mechanism is a zipper 20; col. 25 lines 54-67, the closure mechanism can be a zipper, hook-and-loop fastener Velcro, or buttons).
Regarding claim 15, Denesuk teaches of (fig. 1) a removable dog bed cover (col. 11 lines 25-38, cover 12 is removable) for encasing and protecting a plurality of different dog beds of varying shapes and sizes (abstract, figs. 1 and 2, the pet bed cover can fit over the rectangular pet bed seen in fig. 1, the circular bed in fig. 2, and is able to fit over any pet bed that is shaped and sized within the dimensions of the cover), the removable dog bed cover comprising:
exactly two fabric sheets (col. 25 lines 54-67, exactly two fabric sheets by using two cut halves, comprising a top and a bottom, sewn together along the perimeter), wherein the two fabric sheets comprise:
a first fabric sheet making up a top side of the removable dog bed cover (top of cover 12); and
a second fabric sheet making up a bottom side of the removable dog bed cover (bottom of cover 12) (col. 25 lines 54-67, manufacture of the cover is by using two cut halves, comprising a top and a bottom, are sewn together along the perimeter), wherein:
the first fabric sheet and the second fabric sheet have substantially equal dimensions (seen in figs. 1 and 2); and
the first fabric sheet and the second fabric sheet are joined together along a portion of a perimeter of the first fabric sheet and a perimeter of the second fabric sheet (fig. 1, col. 30 lines 39-50, an example of the manufacture is that the cut halves are sewn along their mutual perimeter, excluding one of the sides, resulting in a cover) to form an interior cavity configured to receive a dog bed (fig. 3, interior cavity to hold inner filling 14, which is a pet bed); and
a closure mechanism (fig. 1, zipper 20) disposed along a remaining portion of the perimeter of the first fabric sheet and the perimeter of the second fabric sheet (fig. 1, col. 30 lines 39-50, the zipper is applied similarly to a circular bed article in fig. 2; the zipper is applied to a remaining perimeter that is unsewn), wherein the closure mechanism is configured to allow selective opening and closing of the interior cavity (zippers allow selective opening and closing of the interior cavity);
wherein the removable dog bed cover is configured to fully enclose the dog bed within the interior cavity when the closure mechanism is closed (seen in fig. 1) and is removable from the dog bed for laundering when the closure mechanism is open (col. 11 lines 25-38 and col. 6 lines 4-13, cover is removable and can be laundered); and
wherein the removable pet bed cover is not custom-fitted to any specific pet bed (col. 25 lines 54-67, the cover is made by die-cutting appropriately sized pieces for a generic rectangular, circular, square, or oblong pet bed. A specific bed with specific dimensions and features is not mentioned and a generic bed is used to describe the manufacturing process. Examiner notes that various different pet beds that fits within the dimensions of the cover would be able to use the cover, such that the cover is universal to pet beds that fits within the dimensions).
Regarding claim 17, Denesuk teaches of claim 15, and wherein the first fabric sheet and the second fabric sheet are joined together via one or more of the following: stitching, heat-sealing, ultrasonic welding, or gluing (col. 25 lines 54-67, of the options, manufacture of the cover is by using two cut halves, comprising a top and a bottom, are sewn together along the perimeter).
Regarding claim 18, Denesuk teaches of claim 9, and wherein the closure mechanism comprises a zipper, a hook-and-loop fastener, buttons, snaps, or a drawstring (fig. 1, of the options, closure mechanism is a zipper 20; col. 25 lines 54-67, the closure mechanism can be a zipper, hook-and-loop fastener Velcro, or buttons).
Regarding claim 19, Denesuk teaches of claim 15, and wherein the first fabric sheet and the second fabric sheet are made from a water-resistant material configured to prevent penetration of water into the interior cavity (col. 6 lines 14-20, water-repellant or otherwise water-insulating qualities can be applied to the exterior of the pet device).
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 2 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Denesuk in view of Queen et al. (US 20070107662), hereinafter Queen.
Regarding claims 2 and 16, Denesuk teaches of claims 1 and 15, but does not appear to teach of further comprising at least one adjustable feature, the at least one adjustable feature being selected from a group consisting of a drawstring, an elastic band, a hook-and-loop fastener, a snap fastener, a hook and eye fastener, and a button fastener.
Queen teaches of at least one adjustable feature (¶0073, cover can be produced with elastic; ¶0082, the adjustable feature can be elastic, drawstrings, or hook and loop closures These methods are adjustable fasteners), the at least one adjustable feature being selected from a group consisting of a drawstring, an elastic band, a hook-and-loop fastener, a snap fastener, a hook and eye fastener, and a button fastener (¶0082, the adjustable feature can be elastic, drawstrings, or hook and loop closures).
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 Denesuk to incorporate the teachings of Queen of further comprising at least one adjustable feature, the at least one adjustable feature being selected from a group consisting of a drawstring, an elastic band, a hook-and-loop fastener, a snap fastener, a hook and eye fastener, and a button fastener in order to secure the cover over pet beds of different sizes and shapes.
Claim 5, 12, and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Denesuk in view of Pelz et al. (US 20110290834), hereinafter Pelz.
Regarding claims 5 and 12, Denesuk teaches of claims 1 and 9, but does not appear to teach of wherein the removable pet bed cover is machine-washable and tumble-dryable.
Pelz teaches of wherein the removable pet bed cover is machine-washable and tumble-dryable (¶0004 and 0009, the cover solves a problem of prior art by being fully launderable in a household washing machine and dryer).
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 Denesuk to incorporate the teachings of Pelz of wherein the removable pet bed cover is machine-washable and tumble-dryable in order to easily completely clean the cover as motivated by Pelz in para. 0004.
Regarding claim 7, Denesuk teaches of claim 1, but does not appear to teach of wherein the first fabric sheet and the second fabric sheet are formed from a single piece of rectangular fabric folded along one edge to create the top side and the bottom side of the removable pet bed cover.
Pelz teaches of (fig. 2c) wherein the first fabric sheet and the second fabric sheet are formed from a single piece of rectangular fabric folded along one edge to create the top side and the bottom side of the pet bed cover (portion 12 is a single piece of rectangular fabric that is folded along one edge to create a top side and bottom side of the removable pet bed cover).
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 Denesuk to incorporate the teachings of Pelz of wherein the first fabric sheet and the second fabric sheet are formed from a single piece of rectangular fabric folded along one edge to create the top side and the bottom side of the removable pet bed cover in order to reduce the number of separate components and need for assembly of the separate components.
Claims 6, 13, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Denesuk in view of Leung (US 20080066687).
Regarding claims 6, 13, and 20, Denesuk teaches of claims 1, 9, and 15, but does not appear to teach of wherein the second fabric sheet comprises a non-slip feature, the non-slip feature comprising non-slip pads, a textured coating, or an applied material.
Leung teaches of wherein the second fabric sheet comprises a non-slip feature, the non-slip feature comprising non-slip pads, a textured coating, or an applied material (¶0019, bottom unit, which is the second fabric sheet, comprises a non-slip base made of, for example, rubber or a rubber-like material).
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 Denesuk to incorporate the teachings of Leung of wherein the second fabric sheet comprises a non-slip feature, the non-slip feature comprising non-slip pads, a textured coating, or an applied material in order to prevent the bed from slipping on the floor and moving around.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Denesuk in view of Xu (US 20170118950).
Regarding claim 14, Denesuk teaches of claim 9, but does not appear to teach of wherein the remaining portion of the perimeter of the first fabric sheet and the second fabric sheet comprises between one fourth and three fourths of the perimeter.
Xu teaches of (fig. 7) wherein the remaining portion of the perimeter of the first fabric sheet and the second fabric sheet comprises between one fourth and three fourths of the perimeter (remaining portion of the perimeter where the zipper 42 is applied is between one fourth and three fourths of the perimeter).
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 Denesuk to incorporate the teachings of Xu of wherein the remaining portion of the perimeter of the first fabric sheet and the second fabric sheet comprises between one fourth and three fourths of the perimeter in order to have an opening large enough to easily put in the pet bed while keeping the pet bed secure inside the inner cavity.
Response to Arguments
Applicant's arguments filed 1/2/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that Denesuk is for a specific pet bed as cited in col. 25 lines 62-67 and does not teach of being designed for a plurality of different pet beds of varying shapes and sizes, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
The pet bed described in col. 25 lines 62-67 is referring to generic pet beds of different shapes in which the cover is appropriately sized to fit over. The pet bed described in col. 25 lines 62-67 is used as a generic pet bed to teach of how the pet bed cover is manufactured and no specific pet bed with specific sized dimensions and shapes are referenced. Furthermore, the pet bed cover would be able to fit over any pet bed of varying shapes and sizes as long as the pet bed is within the dimensions of the pet bed cover. In other words, the pet bed cover of Denesuk is manufactured to an appropriate size that is capable to fit over a plurality of pet beds that fits within the dimensions, which is similar to how the Applicant’s invention has to be manufactured in an appropriate size that can fit over a plurality of different pet beds of varying shapes and sizes.
Applicant argued that the pet bed cover of Denesuk teaches of the outer cover containing filling, where the interior filling is contained within an inner tick, such that the multi-component structure with separate filling and inner tick components differs from the precisely defined two-sheet structure now claimed. The Examiner respectfully disagrees.
The interior filling is the pet bed and the inner tick is an optional lining over the pet bed (col. 11 lines 7-56). As seen in fig. 3, the invention can just be the pet bed cover 12 comprised of exactly two fabric sheets over the pet bed 14.
In response to applicant's argument that Queen, Pelz, Leung, and Xu teaches away from the universal pet bed cover concept the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). Denesuk already teaches of the universal pet bed cover concept by being able to cover over any pet bed that fits within the dimensions of the pet bed cover, and Queen, Pelz, Leung, and Xu are used to teach of other features that one of ordinary skill in the art can modify into the pet bed cover of Denesuk as recited 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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/ZOE TAM TRAN/ Examiner, Art Unit 3647