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 § 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 1,3-17 are rejected under 35 U.S.C. 103 as being unpatentable over Bethke (US 7685971 B1) in view of Mainini (US 20060283401 A1, hereinafter Mainini ‘3401), and Mainini (US 20110203529 A1).
Regarding claim 1: Bethke teaches a small dog comfort adapter for use with electronic dog collars having a housing (1) containing means for selectively generating an electrical charge comprising first and second external electrode connections (8,9) on a housing inner face, comprising an electrically non-conductive base plate (10);
a first electrode (11) coupled to said base plate, said first electrode comprising an electrically conductive first plate (20) and an electrically conductive first contact element (21) projecting from said first plate and in electrical communication with said first plate;
a second electrode (12) coupled to said base plate, said second electrode comprising an electrically conductive second plate (24) and an electrically conductive second contact element (25) projecting from said second plate and in electrical communication with said second plate,
means for placing said first electrode in electrical communication with said first external electrode connection and means for placing said second electrode in electrical communication with said second external electrode connection; and means for attaching said electrically non-conductive base plate, said first electrode and said second electrode to said housing inner face (limitation described in claim 1).
Bethke does not teach electrically conductive filamentary contact elements bendable under motions of a body of a dog provided with said small dog comfort adapter, wherein said electrically conductive first filamentary contact element and said electrically conductive second filamentary contact element are wire frames each forming an outer prominence providing a blunt contact surface for contacting a skin of a dog and forming an inner prominence configured to retainably engage said first electrode and said second electrode, respectively.
However, Mainini ‘3401 teaches electrically conductive contact elements (1304,1306) bendable under motions of a body of a dog provided with said small dog comfort adapter (Fig. 16 shows force 1600 causing bending), wherein said electrically conductive first contact element (1304) and said electrically conductive second contact element (1306) each forming an outer prominence providing a blunt contact surface (1312,1314) for contacting a skin of a dog and forming an inner prominence (1504,1506) configured to retainably engage said first electrode and said second electrode, respectively (this configuration could be met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the electric collar as disclosed by Bethke with the compressible compliant members as taught by Mainini ‘3401 with a reasonable expectation of success because providing a means for the stimulant to compress and bend would protect the animal from any sudden movement of the stimulants, ensuring that the collar is able to provide correction to the animal while keeping the animal comfortable.
Mainini teaches electrically conductive filamentary contact elements (14) which are wire frames (para 14 discusses metallic 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 provided the contact elements as disclosed by modified Bethke with the metallic wire as taught by Mainini with a reasonable expectation of success because metal is known in the art to be a highly electrical conductive material, increasing the strength of the stimulation occurs when desired in order to correct animal behavior.
Regarding claim 3: the modified reference teaches the limitations of claim 2 as shown above, and Mainini ‘3401 teaches wherein said terminals comprise grommets (1326,1328) for surrounding shafts of fasteners (grommets have the capability to surround fasteners) of said first electrode and said second electrode (Para 49 “The grommets 1326, 1328 provide electrical and physical connection points.”, grommets would function to surround an electrode in order to provide power to the electrode tips, Fig. 15).
Bethke as modified by Mainini ‘3401 discloses the claimed invention except for eyelets It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the grommets into eyelets, since the equivalence of grommets and eyelets for their use in the fastener art and the selection of any known equivalents to eyelets would be within the level of ordinary skill in the art. Such modification would be done in order to provide a lighter and/or quicker means of fastening.
Regarding claim 4: Bethke teaches a small dog comfort adapter for use with electronic dog collars having a housing (1) containing means for selectively generating an electrical charge comprising first and second external electrode connections (8,9) on a housing inner face, comprising an electrically non-conductive base plate (10);
a first electrode (11) mounted on said base plate, said first electrode comprising an electrically conductive first plate (20) and a plurality of electrically conductive first contact elements upstanding on said first plate and in electrical communication with said first plate (Col 1 lines 43-46) and
an electrically conductive first contact element (21) projecting from said first plate and in electrical communication with said first plate,
a second electrode (12) mounted on said base plate, said second electrode comprising an electrically conductive second plate (24) spaced from said first plate and a plurality of electrically conductive second contact elements (25) upstanding on said second plate and in electrical communication with said second plate (Col 1 lines 43-46) and an electrically conductive second contact element (25) projecting from said second plate and in electrical communication with said second plate,
means for placing said first electrode in electrical communication with said first external electrode connection and means for placing said second electrode in electrical communication with said second external electrode connection; and means for attaching said base plate, said first electrode and said second electrode to said housing inner face (Claim 1).
Bethke does not teach electrically conductive filamentary contact elements bendable under motions of a body of a dog provided with said small dog comfort adapter, wherein said electrically conductive first filamentary contact element and said electrically conductive second filamentary contact element are wire frames each forming an outer prominence providing a blunt contact surface for contacting a skin of a dog and forming an inner prominence configured to retainably engage said first electrode and said second electrode, respectively.
However, Mainini ‘3401 teaches electrically conductive contact elements (1304,1306) bendable under motions of a body of a dog provided with said small dog comfort adapter (Fig. 16 shows force 1600 causing bending), wherein said electrically conductive first contact element (1304) and said electrically conductive second contact element (1306) each forming an outer prominence providing a blunt contact surface (1312,1314) for contacting a skin of a dog and forming an inner prominence (1504,1506) configured to retainably engage said first electrode and said second electrode, respectively (this configuration could be met).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the electric collar as disclosed by Bethke with the compressible compliant members as taught by Mainini ‘3401 with a reasonable expectation of success because providing a means for the stimulant to compress and bend would protect the animal from any sudden movement of the stimulants, ensuring that the collar is able to provide correction to the animal while keeping the animal comfortable.
Mainini teaches electrically conductive filamentary contact elements (14) which are wire frames (para 14 discusses metallic 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 provided the contact elements as disclosed by modified Bethke with the metallic wire as taught by Mainini with a reasonable expectation of success because metal is known in the art to be a highly electrical conductive material, increasing the strength of the stimulation occurs when desired in order to correct animal behavior.
Regarding claim 5: the modified reference teaches the limitations of claim 4 as shown above, and further teaches a plurality of electrically non-conductive upstanding third contact elements (Bethke 14) on said base plate interposed between said first electrode and said second electrode (Bethke claim 2, Fig. 3).
Regarding claim 6: the modified reference teaches the limitations of claim 5 as shown above, and further teaches wherein said plurality of first contact elements and said plurality of second contact elements each comprise electrically conductive acorn nuts (Bethke claim 3, acorns 21/25).
Regarding claim 7: the modified reference teaches the limitations of claim 6 as shown above, and further teaches wherein said first and second external electrode connections on said housing inner face comprise first and second threaded recesses (Bethke 8,9), and wherein said means for placing said first electrode and said second electrode in electrical communication with said first and second external electrode connections comprise electrically conductive screws (Bethke 29) in contact respectively with said first electrode and said second electrode and receivable in said first and second threaded recesses (Bethke claim 4, Fig. 4).
Regarding claim 8: the modified reference teaches the limitations of claim 7 as shown above, and further teaches wherein said first external electrode connection and second external electrode connection on said housing inner face comprise upstanding first and second threaded posts, and wherein said means for placing said first electrode and said second electrode in electrical communication with said first and second external electrode connections comprise electrically conductive nuts in contact respectively with said first electrode and said second electrode and receivable by said first and second threaded posts (Bethke claim 5, Col 3 lines 31-40).
Regarding claim 9: the modified reference teaches the limitations of claim 8 as shown above, and further teaches a plurality of electrically non-conductive upstanding third contact elements on said base plate interposed between said first electrode and said second electrode, and wherein said first contact elements, said second contact elements and said third contact elements are arranged in a substantially circular array (Bethke claim 6).
Regarding claim 10: the modified reference teaches the limitations of claim 9 as shown above, and further teaches wherein said base plate further comprises a base plate inner face, and said first electrode and said second electrode are mounted on said base plate inner face (Bethke claim 7).
Regarding claim 11: the modified reference teaches the limitations of claim 10 as shown above, and further teaches wherein said base plate further comprises a base plate outer face, and said first electrode and said second electrode are mounted on said base plate outer face (Bethke claim 8).
Regarding claim 12: Bethke discloses an electronic animal collar of the type worn around a neck of an animal and for administering electrical shocks to the animal, the electronic animal collar comprising a housing (1) containing means for selectively generating an electrical charge, including a first external electrode connection (8) and a second external electrode connection (9) on the housing , belt straps (3) projecting from the housing, the belt straps for encircling the animal and having a closure (Fig. 1), a first external electrode (11) and a second external electrode (12).
Bethke fails to teach a resilient first spring arm projecting from the housing wherein the first spring arm is electrically conductive and comprises a proximal end in electrical communication with the first external electrode connection and an opposed distal end, a length and transverse dimensions along the length, and a first external electrode at the opposed distal end, a resilient second spring arm projecting from the housing, wherein the second spring arm is electrically conductive and comprises a proximal end in electrical communication with the second external electrode connection and an opposed distal end, a length and transverse dimensions along the length, and a second external electrode at the opposed distal end, wherein the first spring arm and the second spring arm are configured to resiliently bias the first external electrode and second external electrode against the animal when the electronic animal collar is installed on the animal, and the first external electrode and the second external electrode each comprise a rounded terminus of transverse dimension greater than the transverse dimension of the respective first spring arm and second spring arm, wherein said first spring arm and said second spring arm are wire frames each forming a prominence at an opposing end of the rounded terminus, the prominences configured to retainably engage said first external electrode connection and said second external electrode connection, respectively.
However, Mainini ‘3401 teaches, a resilient first spring arm (1304) projecting from the housing (1300), wherein the first spring arm is electrically conductive (para 49) and comprises a proximal end in electrical communication with the first external electrode connection (via 1326) and an opposed distal end (Fig. 15), a length and transverse dimensions along the length, and a first external electrode 1316) at the opposed distal end, a resilient second spring arm (1306) projecting from the housing (1300), wherein the second spring arm is electrically conductive (para 49) and comprises a proximal end in electrical communication with the second external electrode connection (via 1328) and an opposed distal end, a length and transverse dimensions along the length (Fig. 1), and a second external electrode (1318) at the opposed distal end, wherein the first spring arm and the second spring arm are configured to resiliently bias the first external electrode and second external electrode against the animal when the electronic animal collar is installed on the animal (para 49), and the first external electrode and the second external electrode each form a rounded terminus of transverse dimension greater than the transverse dimension of the respective first spring arm and second spring arm (Fig. 15), wherein said first spring arm and said second spring arm each forming a prominence (1326,1328) at an opposing end of the rounded terminus the prominences configured to retainably engage said first external electrode connection and said second external electrode connection, respectively (1326, 1328 would meet this limitation).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the electric collar as disclosed by Bethke with the compressible compliant members as taught by Mainini ‘3401 with a reasonable expectation of success because providing a means for the stimulant to compress and bend would protect the animal from any sudden movement of the stimulants, ensuring that the collar is able to provide correction to the animal while keeping the animal comfortable.
Mainini teaches spring arms (14) which are wire frames (para 14 discusses metallic 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 provided the contact elements as disclosed by modified Bethke with the metallic wire as taught by Mainini with a reasonable expectation of success because metal is known in the art to be a highly electrical conductive material, increasing the strength of the stimulation occurs when desired in order to correct animal behavior.
Regarding claim 13: the modified reference teaches the limitations of claim 12 as shown above, and further teaches wherein the first spring arm (Mainini 14) and the second spring arm (Mainini 14) primarily comprise metallic wire (Mainini para 14).
Regarding claim 14: the modified reference teaches the limitations of claim 13 as shown above, and Maini’3401 teaches wherein each prominence of the first spring arm (Mainini 1304) and of the second spring arm (Mainini 1306) form grommets (1326,1328 an eyelet (42) configured to engage and retain respectively the first external electrode connection and the second external electrode connection (para 49)
Bethke as modified by Mainini ‘3401 discloses the claimed invention except for eyelets It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the grommets into eyelets, since the equivalence of grommets and eyelets for their use in the fastener art and the selection of any known equivalents to eyelets would be within the level of ordinary skill in the art. Such modification would be done in order to provide a lighter and/or quicker means of fastening.
Regarding claim 15: the modified reference teaches the limitations of claim 12 as shown above, and further teaches wherein at least one of the first external electrode and the second external electrode comprises an electrically conductive acorn nut (Bethke acorns 21,25).
Regarding claim 16: the modified reference teaches the limitations of claim 12 as shown above, and Mainini ‘3401 teaches wherein at least one of the first spring arm (1304) and the second spring arm (1306) projects laterally from the housing (Figs. 13-16).
Regarding claim 17: the modified reference teaches the limitations of claim 16 as shown above, and further teaches wherein the first external electrode and the second external electrode each have a length (Mainini ‘3401, Fig. 15), with the respective rounded terminus at an end of the length of its respective first external electrode or second external electrode (Mainini ‘3401; 1320,1322), and the lengths of the first external electrode and the second external electrode project from their respective spring arms (Mainini ‘3401; 1304,1306) at an angle in a range of zero to forty-five degrees from perpendicular relative to a length of their respective spring arms (Mainini ‘3401; Figs. 13-16).
Response to Arguments
Applicant's arguments filed 11/13/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case the prior art would be modified with the knowledge generally available to one of ordinary skill in the art as the purpose of the shock collar is to provide electrical stimulation to the animal, metallic wiring would improve this stimulation and bendable lateral sections extending from the collar would allow for the stimulants to remain on the skin of the animal at all times, while also providing enough bend with its flexibility so that the physical structure of the stimulants do not accidentally harm the animal.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EDGAR REYES whose telephone number is (571)272-5318. The examiner can normally be reached M-Th 8-6 EST.
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/E.R./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642