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 12/12/2025 has been entered. Claims 1 and 16 have been canceled, Claims 2-3, 7, 10, and 14 have been amended, Claim 19 has been added, and Claims 4-6, 8-9, 11-13, 15, and 17-18 remain as previously presented. Applicant’s amendments to the Drawings, the Specification, and the Claims have overcome each and every objection set forth in the Non-Final Rejection mailed 10/01/2025.
Claim Objections
Claims 7 and 19 are objected to because of the following informalities:
In Claim 7 Lines 1-5, the claim should read “The composite animal blanket as claimed in claim 5 wherein said outer fabric material sheet is comprised by an inner thin insulating synthetic fiber sheet which is waterproof and breathable” for better clarity and to reduce redundancy.
In Claim 19 Lines 17-18 and 19-20, the limitations “said depending blanket sections” should read “said depending blanket section” to keep the limitations consistent within the claim.
In Claim 19 Line 19, the limitation “said detachable attachment” should read “said detachable attachments” to keep the limitation consistent within the claim.
In Claim 19 Lines 19-20, the limitation “said detachable blanket sections” should read “said depending blanket section” to keep the limitation consistent within the claim.
In Claim 19 Line 23, the phrase “one or more dc batteries” should read “one or more direct current (dc) batteries” to expand the acronym on first usage.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2-15 and 17-19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding Claim 19, Claim 19 recites the limitation “said marginal lower side free end edge region” in Lines 6-7 of the claim. There is insufficient antecedent basis for this limitation in the claim.
In addition, the term “freely depending” in claim 19 is a relative term which renders the claim indefinite. The term “freely depending” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2-15 and 17-18 are rejected as being dependent upon a rejected claim.
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 19, 2-4, 10-12, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Eager (US 0102381 A) in view of Shaw (GB 2447839 A) and Kerrigan (US 20050072376 A1).
Regarding Claim 19, Eager teaches a composite animal blanket (shown in Figs. 1-2) comprising
An upper blanket section (B) dimensioned and shaped to overlap an upper section of a domesticated quadruped animal's body to cover a back spinal regions and upper regions of a rib cage of the animal on opposite sides of said back spinal regions (A: Figs. 1-2 show that upper blanket section B dimensioned and shaped to overlap an upper section of a domesticated quadruped animal's body to cover a back spinal regions and upper regions of a rib cage of the animal on opposite sides of said back spinal regions.);
A depending blanket section (A) removably secured along said marginal lower side free end edge region of said upper blanket section (Column 2 states that depending blanket sections A may be separated from the upper top section B. Therefore, depending blanket section A is removably secured. Figs. 1-2 show that depending blanket section A is secured to a marginal lower side free end edge region of the upper blanket section B.),
Said depending blanket section (A) being an interchangeable depending blanket section which is detachably secured entirely along said marginal lower side free end edge region by detachable attachments (H) to provide cover below said upper regions of said rib cage on opposite sides of said animal's body (Column 2 states that depending blanket sections A may be separated from the upper top section B. Therefore, depending blanket sections A are interchangeable and detachably secured entirely along said marginal lower side free end edge region [where claps G are located] by detachable attachments H to provide cover below said upper regions of said rib cage on opposite sides of said animal's body, see Figs. 1-2.), and
Said interchangeable depending blanket section providing for replacement by a like or a different appearance blanket section and further being a non-electrically heated blanket section (Column 2 states that depending blanket sections A may be separated from the upper top section B. Therefore, depending blanket sections A are interchangeable and capable of providing for replacement by a like or a different appearance blanket section. Figs. 1-2 further show that the depending blanket sections A are non-electrically heated blanket sections.).
However, the system of Eager fails to explicitly state that the upper blanket section is an upper electrically heatable blanket section, wherein said upper electrically heatable blanket section having electrical heating elements immovably retained therein at predetermined locations, a battery support for the removable containment of one or more dc batteries, electrical connections to provide electrical power from said one or more dc batteries to said electrical heating elements, and a switch to control said electrical power from said one or more batteries to said electrical heating elements.
Shaw teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a heated horse blanket.), the system of Shaw teaches a composite horse blanket (heated horse blanket 12) comprising an upper electrically heatable blanket section (Fig. 1 shows that heated horse blanket comprises an upper electrically heatable section which contains heating circuits 14a-d.), wherein said upper electrically heatable blanket section having electrical heating elements immovably retained therein at predetermined locations (Fig. 1 shows that the heating circuits 14a-d are immovably retained at predetermined locations.), a battery support for the removable containment of one or more dc batteries (Pg. 5 ¶2 states that the battery [power supply 16] is placed on a front skirt portion of the blanket.), electrical connections to provide electrical power from said one or more direct current (dc) batteries to electrical heating elements (Pg. 7 ¶4 states that heating circuits 14a-d can comprise the simple circuit arrangement 30 shown in Fig. 3. Pg. 7 ¶4 further state that heater elements 36 and 38 receive input power [from power source 16] via leads 32 and 34.), and a switch (controller 17) to control said electrical power from said one or more batteries to said electrical heating elements (Pg. 9 ¶2 states that the controller has pre-set operating conditions for providing five heating levels and easily regulate output power.). Therefore, it would have been obvious to one of ordinary skill in the art of before the effective filing date of the claimed invention to modify the system of Eager to have the upper blanket section be an upper electrically heatable blanket section, said upper electrically heatable blanket section having electrical heating elements immovably retained therein at predetermined locations, a battery support for the removable containment of one or more dc batteries, electrical connections to provide electrical power from said one or more dc batteries to said electrical heating elements, and a switch to control said electrical power from said one or more batteries to said electrical heating elements as taught by Shaw with reasonable expectation of success to provide the horse with heat in cold conditions (Shaw, Pg. 5).
The system of Eager as modified by Shaw fails to explicitly state that the composite animal blanket comprise detachable attachments secured to opposed sides of said upper electrically heatable blanket section behind said marginal lower side free end edge and provided with connectors for attachment about the body of said domesticated quadruped animal to firmly hold said upper electrically heatable blanket section and said depending blanket sections freely depending while being secured firmly in position on the body of said domesticated quadruped animal, said detachable attachment being concealed by said detachable blanket sections.
Kerrigan teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a pet coat.), the system of Kerrigan teaches an animal blanket (29; shown in Figs. 9-10) comprises detachable attachments (35; Figs. 9-10 and ¶36 states that the animal blanket may comprise securing straps, buckle straps, zipper straps, or other detachable attachment mechanisms.) secured to opposed sides of said upper blanket section behind said marginal lower side free end edge (Figs. 9-10 show that detachable attachments 35 are secured to opposite sides of an upper blanket section behind a marginal lower side free end edges.) and provided with connectors (35) for attachment about the body of said domesticated quadruped animal to firmly hold said upper blanket section (see Figs. 9-10 and ¶36; The detachable attachments include connectors [such as Velcro patches shown in Figs. 9-10 or buckles stated in ¶36] that attach about the body of a domesticated quadruped animal and firmly hold said upper blanket section.). Therefore, it would have been obvious to one of ordinary skill in the art of before the effective filing date of the claimed invention to modify the system of Eager as modified by Shaw to include detachable attachments secured to opposed sides of said upper electrically heatable blanket section behind said marginal lower side free end edge and provided with connectors for attachment about the body of said domesticated quadruped animal to firmly hold said upper electrically heatable blanket section as taught by Kerrigan with reasonable expectation of success to better secure the blanket snugly to the animal (Kerrigan, ¶37).
The system of Eager as modified by Shaw and Kerrigan further teaches that said depending blanket sections freely depending while being secured firmly in position on the body of said domesticated quadruped animal, said detachable attachment being concealed by said detachable blanket sections (The Figures of Eager show that the depending blanket sections A are freely depending while being secured firmly in position on the body of a domesticated quadruped animal. Due to the modification of Kerrigan, there would be a detachable attachments secured to opposed sides of said upper blanket section behind said marginal lower side free end edge and these detachable attachments would be concealed by detachable/depending blanket sections A.).
Regarding Claim 2, the system of Eager as modified by Shaw and Kerrigan, as show above teaches the limitations of Claim 19.
Eager teaches that domesticated quadruped animal is a horse (shown in Figs. 1-2).
Regarding Claim 3, the system of Eager as modified by Shaw and Kerrigan, as show above teaches the limitations of Claim 2.
The system of Eager as modified by Shaw and Kerrigan further teaches (references to Kerrigan) teaches that said detachable attachments (35) comprise one of zipper fasteners, magnetic coupling strips fasteners, hook and loop fasteners, loop and button fasteners, and other detachable fastening means permitting attachment and detachment (Figs. 9-10 and ¶36 states that the animal blanket may comprise hook and loop Velcro fasteners, securing straps, buckle straps, zipper straps, or other detachable attachment mechanisms.).
Regarding Claim 4, the system of Eager as modified by Shaw and Kerrigan, as show above teaches the limitations of Claim 2.
Shaw further teaches that said upper electrically heatable blanket section is comprised of a lining fabric sheet (lining layer 45) adapted for contact with said horse’s body (Pg. 9 ¶1 states that lining layer 45 is in contact with horse hair 46 [shown in Fig. 4].), an outer fabric material sheet (outer layer 42), and a plurality of heating panels (heater element/panel layer 44) constituting said electrically heated elements secured at said predetermined locations and immovably retained between said outer fabric material sheet and said lining fabric sheet (Fig. 4 shows that the heating panel layer is retained between the outer layer 42 and the lining layer 45.).
Regarding Claim 10, the system of Eager as modified by Shaw and Kerrigan, as shown above, teaches all the limitations of Claim 19.
However, the system of Eager as modified by Shaw and Kerrigan fails to explicitly state that said switch is a multi-function press-button switch assembly including a printed circuit board on which is mounted electronic circuits and secured to a support material patch attached to said upper electrically heatable blanket section in close proximity to said battery support, said press-button switch assembly providing signals to a microcontroller to perform functions selected by depressions of said press-button switch assembly, and a visual display device to display a selected switch function.
Shaw further teaches that said switch is a multi-function press-button switch assembly including a printed circuit board (simple circuit 30) on which is mounted electronic circuits (shown in Fig. 3) and secured to a support material patch attached to said upper electrically heatable blanket section in close proximity to said battery support (Fig. 1 shows that switch 17 is secured via a support material patch to the upper electrically heatable blanket section in close proximity to power supply 16.), said press-button switch assembly providing signals to a microcontroller to perform functions selected by depressions of said press-button switch (Pg. 9 ¶2 states that the controller has pre-set operating conditions at 25%, 45%, 65%, 80%, and 100% power outputs and also has five thermostatically controlled power settings. This means that the controller performs functions selected by the depressions of said switch 17.), and a visual display device to display a selected switch function (Pg. 5 ¶3 states that the controller comprises a simple-to-read LCD display capable of displaying a selected switch function.). Therefore, it would have been obvious to one of ordinary skill in the art of before the effective filing date of the claimed invention to modify the system of Eager as modified by Shaw and Kerrigan to have said switch be a multi-function press-button switch assembly including a printed circuit board on which is mounted electronic circuits and secured to a support material patch attached to said upper electrically heatable blanket section in close proximity to said battery support, said press-button switch assembly providing signals to a microcontroller to perform functions selected by depressions of said press-button switch assembly, and a visual display device to display a selected switch function as taught by Shaw with reasonable expectation of success to allow the user to direct extra heat to specific body areas (Shaw, Pg. 4).
Regarding Claim 11, the system of Eager as modified by Shaw and Kerrigan, as shown above, teaches all the limitations of Claim 10.
Shaw further teaches that one of said switch depressions causes said switch to connect said electrical power from said one or more dc batteries to said electrical conductive heating elements, another switch depression disconnects said electrical power from said electrically conductive heating elements, and further switch depressions cause a selection of different power intensities to said electrically conductive heating elements by predetermined incremental power values (Pg. 9 ¶2 states that the controller has pre-set operating conditions at 25%, 45%, 65%, 80%, and 100% power outputs and also has five thermostatically controlled power settings. This means that the controller performs functions selected by the depressions of said switch 17. To do so, one of the depressions of switch 17 would have to connect electrical power from said one or more dc batteries to said electrically conductive heating elements [to turn the heating elements on], another switch depression would have to disconnect said electrical power from said electrically conductive heating elements [to turn the heating elements off], and further switch depressions cause a selection of different power intensities to said electrically conductive heating elements by predetermined incremental power values [to select the desired power output].).
Regarding Claim 12, the system of Eager as modified by Shaw and Kerrigan, as shown above, teaches all the limitations of Claim 11.
Shaw further teaches that said display means is provided by a plurality of light modules secured to said support material patch and providing an indication of a selected switch function (Pg. 10 ¶1 states that the display of switch 17 [Fig. 1 shows that switch 17 is secured via a support material patch] will indicate the status of the controller via the use of LED lights.).
Regarding Claim 17, the system of Eager as modified by Shaw and Kerrigan, as shown above, teaches all the limitations of Claim 2.
The system of Eager as modified by Shaw and Kerrigan further teaches (references to Eager) that said upper electrically heatable blanket section is dimensioned and shaped for use as a saddle pad without said dependent and detachable blanket sections secured to said marginal lower side free end edge (Column 2 teaches that depending blanket sections A may be separated from the upper top section B [modified by Shaw to be electrically heatable]. Therefore, upper top section B is dimensioned and shaped for use as a saddle pad without said dependent and detachable blanket sections A secured to said marginal lower side free end edge.).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Eager (US 0102381 A) as modified by Shaw (GB 2447839 A) and Kerrigan (US 20050072376 A1) as applied to claim 4 above, and further in view of Burwell et al. (CN 208791533 U).
Regarding Claim 5, the system of Eager as modified by Shaw and Kerrigan, as shown above, teaches all the limitations of Claim 4.
However, the system of Eager as modified by Shaw and Kerrigan fails to explicitly state that there is further provided a heat conductive woven textile fabric sheet held captive under said plurality of heating panels, said heat conductive woven textile fabric sheet being fabricated of woven threads and wherein some of said woven threads are thermally conductive fiber threads for absorbing heat from said plurality of heating panels and conducting said absorbed heat throughout said upper electrically heatable blanket section to distribute heat to the horse’s body thereunder.
Burwell teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a composite article of clothing for use as a heat spreader. Pg. 7 states that the clothing can be used by animals.), the system of Burwell teaches an article of clothing (jacket 1) comprising a heat conductive woven textile fabric sheet (Graphite sheet 96a and 96b which are made of carbon fibers woven together and according to Pg. 12 form a heat spreader layer.) held captive under a plurality of heating elements (Fig. 10c shows that graphite sheet 96a and 96b are held captive under heating elements 64.). The system of Burwell further teaches that some of said woven threads are thermally conductive fiber threads (Graphite is a material with high thermal conductivity. Therefore, the woven carbon threads are thermally conductive fiber threads.) for absorbing heat from said electrically heated panels and conducting said absorbed heat throughout the article of clothing (Pg. 12 states that graphite sheet 96a and 96b is a heat spreader layer capable of conducting absorbed heat throughout the article of clothing to distribute heat to the animal/person that wears it.). 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 Eager as modified by Shaw and Kerrigan to include a heat conductive woven textile fabric sheet held captive under said plurality of heating panels, said heat conductive textile fabric being fabricated of woven threads and wherein some of said woven threads are thermally conductive fiber threads for absorbing heat from said electrically heated panels and conducting said absorbed heat throughout said upper electrically heatable blanket section to distribute heat to the horses body thereunder as taught by Burwell with reasonable expectation of success to provide a heat spreader layer (Burwell, Pg. 12).
Regarding Claim 6, the system of Eager as modified by Shaw, Kerrigan, and Burwell, as shown above, teaches all the limitations of Claim 5.
However, the system of Eager as modified by Shaw, Kerrigan, and Burwell fails to explicitly state that said heat conductive woven textile fabric sheet also constitutes said lining fabric sheet.
Burwell teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a composite article of clothing for use as a heat spreader. Pg. 7 states that the clothing can be used by animals.), the system of Burwell teaches an article of clothing (jacket 1) wherein a heat conductive woven textile fabric sheet (graphite sheet 96a, 96b) also constitutes said lining fabric material sheet (Fig. 10c shows that the heat conductive woven textile fabric sheet 96a-96b constitutes a lining fabric material sheet between exterior fabric layers 68.). 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 Eager as modified by Shaw, Kerrigan, and Burwell to have said heat conductive woven textile fabric sheet also constitutes said lining fabric sheet as taught by Burwell with reasonable expectation of success to provide better spread heat through the blanket (Burwell, Pg. 12).
Regarding Claim 7, the system of Eager as modified by Shaw, Kerrigan, and Burwell, as shown above, teaches all the limitations of Claim 5.
Shaw further teaches that said outer fabric material sheet (outer layer 42) is comprised by an inner thin insulating synthetic fiber sheet (layer 43) which is waterproof and breathable (Fig. 4 shows a layer 43 that lies between outer layer 42 and heating panel layer 44. Pg. 9 ¶1 states that layer 43 comprises a thin, insulating material such as polyester or Thinsulate. Pg. 9 ¶1 further states that layer 43 can comprise Thinsulate, a waterproof and breathable material.).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Eager (US 0102381 A) as modified by Shaw (GB 2447839 A), Kerrigan (US 20050072376 A1), and Burwell et al. (CN 208791533 U) as applied to claim 7 above, and further in view of Type G Original; 70-0717-0838-5 [Online]; 3M: St. Paul, MN, August 2016, https://multimedia.3m.com/mws/media/745360O/3m-thinsulate-insulation-type-g-technical-data-sheet.pdf?fn=THN_TDS_Type-G_05_keyline.pdf, hereinafter referred to as Type G, and Dreykom-Lindner (DE 202011002622 U1).
Regarding Claim 8, the system of Eager as modified by Shaw, Kerrigan, and Burwell, as shown above, teaches all the limitations of Claim 7.
However, the system of Eager as modified by Shaw, Kerrigan, and Burwell fails to explicitly state that said inner thin insulating synthetic fiber sheet has a weight of about 100 grams per square meter.
Type G teaches that Thinsulate weighs about 100 grams per square meter (The table in Pg. 1 shows that Thinsulate G100 has a basis weight of 100 grams per square meter.). 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 Eager as modified by Shaw, Kerrigan, and Burwell to have said inner thin insulating synthetic fiber sheet have a weight of about 100 grams per square meter as taught by Type G with reasonable expectation of success as Thinsulate G100 goes up to -20 degrees Celsius for medium warm coats to prevent excessive heat.
The system of Eager as modified by Shaw, Kerrigan, Burwell, and Type G fails to explicitly state that a thin film thermo-reflective textile sheet is secured over said inner thin insulating synthetic fiber sheet to reflect heat.
Dreykom-Lindner teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a horse’s ceiling for rain and flies protection.), the system of Dreykom-Lindner teaches a horse blanket covering (main part H) comprising a thin film thermo-reflective textile sheet (Pg. 6 states that first part h1 of horse blanket covering H comprises a layer of fabric with heat reflecting material placed under an outer fabric material sheet.). 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 Eager as modified by Shaw, Kerrigan, Burwell, and Type G to include a thin film thermo-reflective textile sheet secured over said inner thin insulating synthetic fiber sheet to reflect heat as taught by Dreykom-Lindner with reasonable expectation of success to provide a heat reflecting property to the blanket which can help keep the horse cool.
Regarding Claim 9, the system of Eager as modified by Shaw, Kerrigan, Burwell, Type G, and Dreykom-Lindner, as shown above, teaches all the limitations of Claim 9.
The system of Eager as modified by Shaw, Kerrigan, Burwell, Type G, and Dreykom-Lindner further teaches (reference to Dreykom-Lindner) that thin film thermo-reflective textile sheet is a thin sheet containing fiber threads of reflective metal (Pg. 6 states that it is possible for horse blanket covering H to be provided with reflective metal threads as described in EP2210511 which is incorporated by reference.).
Claims 13-14 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Eager (US 0102381 A) as modified by Shaw (GB 2447839 A) and Kerrigan (US 20050072376 A1) as applied to claim 10 above, and further in view of Demers et al. (WO 2017221204 A1).
Regarding Claim 13, the system of Eager as modified by Shaw and Kerrigan, as shown above, teaches all the limitations of Claim 10.
The system of Eager as modified by Shaw and Kerrigan, however, fails to explicitly state that said microcontroller is further provided with a logic communication circuit for wireless communication with a remote wireless control device for remote operation of said switch functions.
Demers teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a garment with electrical components. ¶59 states that the technology could also be applied to blankets.), the system of Demers teaches a garment with electrical components (jacket 100 which could be a blanket [¶59]) comprising a microcontroller (280) is provided with a logic communication circuit for wireless communication with a remote wireless control device for remote operation of said switch functions (¶70 states that control interface 280 can be implemented on a mobile device, such as a cellphone, via a wireless connection, such as a Bluetooth connection. ¶69 states that using control interface 280, the user selects the settings using four buttons 282, specifically having three discrete power level setting buttons 282: “low”, “medium” and “high”, as well as an “on/off” button 282.). 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 Eager as modified by Shaw and Kerrigan to have said microcontroller is further provided with a logic communication circuit for wireless communication with a remote wireless control device for remote operation of said switch functions as taught by Demers with reasonable expectation of success to reduce the need for cables and provide the horse rider with a more comfortable user experience.
Regarding Claim 14, the system of Eager as modified by Shaw, Kerrigan, and Demers, as shown above, teaches all the limitations of Claim 13.
The system of Eager as modified by Shaw, Kerrigan, and Demers further teaches (references to Demers) that said remote wireless control device is one of a close-proximity wireless control mobile device suitable for remote control through a wireless network or a smart wireless control mobile device interfaced with internet conductivity through a router (¶70 states that control interface 280 can be implemented on a mobile device, such as a cellphone, which is capable of being interfaced with internet conductivity through a router.).
Regarding Claim 18, the system of Eager as modified by Shaw and Kerrigan, as shown above, teaches all the limitations of Claim 17.
The system of Eager as modified by Shaw and Kerrigan, however, fails to explicitly state that there is further provided a plug-in power outlet connector secured to said upper electrically heatable blanket section and to said one or more dc batteries to provide power to other electrically powered articles associated with a rider person sitting on a saddle secured over said saddle pad, and a feed wire provided with a quick-disconnect connector secured in said plug-in outlet to provide power to said other electrically powered articles and to permit disconnection of said quick-disconnect connector by a pulling force acting on said feed wire.
Demers teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a garment with electrical components. ¶59 states that the technology could also be applied to blankets.), the system of Demers teaches a garment with electrical components (jacket 100 which could be a blanket [¶59]) which is provided with a plug-in power outlet connector (outlet 240) secured to the main portion (121) of the jacket and to one or more batteries [220] (¶66 states that battery 220 is connected to a power management unit [PMU 225] which manages distribution of power throughout the system according to ¶62. ¶68 states that electrical outlet 240 is connected to PMU 225.) to provide power to other electrically powered articles associated with a rider person sitting on a saddle secured over said saddle pad (¶68 states that outlet 240 serves to provide power to external electronic devices. This power outlet is capable of being used to power electrically powered articles associated with a rider person sitting on a saddle secured over said saddle pad, such as a smartphone.) and that a feed wire (connection 210) provided with a quick-disconnect connector secured in said plug-in outlet to provide power to said other electrically powered articles and to permit disconnection of said quick-disconnect connector by a pulling force acting on said feed wire (Figs. 3-4 shows that connection 210 comprises a quick-disconnect connector secured in said plug-in outlet 240. ¶88 states that connection 210 distributes power from the battery 220 to the heating elements 230, 352, 312, and 322. Looking at Figs. 3-4: connection 210 would permit disconnection by a pulling force acting on said feed wire.). 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 Eager as modified by Shaw and Kerrigan to provide a plug-in power outlet connector secured to said upper electrically heatable blanket section and to said one or more dc batteries to provide power to other electrically powered articles associated with a rider person sitting on a saddle secured over said saddle pad and to provide a feed wire provided with a quick-disconnect connector secured in said plug-in power outlet connector to provide power to said other electrically powered articles and to permit disconnection of said quick-disconnect connector by a pulling force acting on said feed wire as taught by Demers with reasonable expectation of success to allow the user to charge their cellphone (Demers, ¶68).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Eager (US 0102381 A) as modified by Shaw (GB 2447839 A) and Kerrigan (US 20050072376 A1) as applied to claim 12 above, and further in view of Arnold (US 20080202434 A1).
Regarding Claim 15, the system of Eager as modified by Shaw and Kerrigan, as shown above, teaches all the limitations of Claim 12.
The system of Eager as modified by Shaw and Kerrigan, however, fails to explicitly state that said interchangeable depending blanket section contains decorative and/or customized identifications representative of a particular stable and/or events.
Arnold teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a pet comfort composite material for use in animal blankets. Fig. 4 shows the invention used as horse blanket.), the system of Arnold teaches a horse blanket (shown in Fig. 4) wherein the blanket contains decorative and/or customized identifications representative of a particular stable and/or event (Fig. 4 shows that the horse blanket shown comprises comfort composite material 100. ¶18 states that material 100 can further include decorations or adornments.). 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 Shaw as modified by Klose and Mills to add decorative and/or customized identifications representative of a particular stable and/or event to the interchangeable depending blanket sections as taught by Arnold with reasonable expectation of success to allow the user to customize the horse blanket for their horse.
Response to Arguments
Applicant’s arguments with respect to claim(s) 19 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. However, the arguments pertaining to the Eager reference and the Arnold reference will be addressed below.
Regarding Claim 19, on Pg. 15, Applicant argues the following: “Referring now to the Eager patent of 1870, Applicant submits that the Examiner has not understood its construction. The lower edge G of the upper blanket section B is not secured to the depending blanket A. It is connected to a linkage which causes the end of the upper blanket to move up or down to provide air to enter under the upper blanket section B. Furthermore, at line 3 and 4 of col. 2, it is clearly stated, "The top cover is made to project over the upper edges of the side covers." If it projects over the upper edges it is not connected thereto.”
Examiner respectfully disagrees.
Lines 6-7 of Claim 19 requires a “depending blanket section removably secured along said marginal lower side free end edge region of said upper blanket section”. Looking at Figs. 1-2 of Eager, band/strap E removably secure depending blanket section A along a marginal lower side free end edge region of upper blanket section B.
Regarding Claim 15, on Pg. 16, Applicant argues the following: “Applicant has noted the teachings of Arnold in paragraph (0018), that the bedding can include decorations as well as being of any or multiple colors. However, they are not interchangeable sections of the bedding wherein the bedding is formed of detachable sections incorporating decorations which can be changed while maintaining the same bedding structure.”
Examiner respectfully disagrees.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). In this case, Eager is relied upon for its teaching of having interchangeable depending blanket sections, while Arnold is relied upon for its teaching of decorative and/or customized identifications.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Rendall (GB 2500414 A) teaches a horse rug.
Nilforushan (US 20050211192 A1) teaches a device useful for delivering a temperature altering regimen to a specific and defined location on an animal's body.
Morgan (GB 2066636 A) teaches a horse rug or blanket.
Frost (US 0260472 A) teaches a horse blanket.
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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/A.A.A./ Examiner, Art Unit 3643
/DAVID J PARSLEY/ Primary Examiner, Art Unit 3643
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