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 .
Allowable Subject Matter
The indicated allowability of claims 6-8 is withdrawn in view of the newly discovered reference(s) to Jager (US 2014/0270931 A1). Rejections based on the newly cited reference(s) follow.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1, 4-5, and 7-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jager (US 2014/0270931 A1) in view of Rutherford et al. (US 8,235,762 B2), hereinafter Rutherford.
Regarding claim 1, Jager discloses a pet toy (pet toy 10, fig. 21a) comprising:
a curved body portion (first part 11, fig. 21a) having a substantially hollow interior (claim 13, “said first part 11 has a hollow interior 12);
a bottom portion (second part 15, fig. 21a) coupled to the curved body portion (fig. 21a), the bottom portion having:
a substantially planar lower surface (as shown in annotated fig. 1 below);
an upper surface substantially opposite the lower surface (as shown in annotated fig. 1 below); and
a wall extending from the upper surface (as shown in annotated fig. 1 below);
a support member (external threads 23, figs. 6 & 8); and
a noise making device (Para. [0046], “the first part 11 can also contain a further pet-stimulating device, such as a visual or acoustical device, including squeakers”);
wherein the curved body portion defines a groove extending around the periphery of the curved body portion (internal threads 14, figs. 6 & 8), the groove configured to receive the support member (Para. [0028], “[p]rovided on the substantially axially extending peripheral surface 22 between the two substantially radially extending outwardly facing surfaces 20 and 21 of the second part 15 are external threads 23 that are configured to cooperate with the internal threads 14 of the first part 11 in a manner to be described subsequently”; as shown in figs. 6 & 8);
wherein the bottom portion is coupled to the curved body portion so that the wall is received within the substantially hollow interior of the curved body portion (as shown in figs. 21a & 21b), the curved body portion is adapted to be compressed relative to at least a portion of the noise making device and the wall of the bottom portion (Para. [0047], “In a presently preferred embodiment, one of the two parts 11 and 15 is made of a soft and flexible elastomeric material, while the other part 15 or 11 is made of a hard polymeric material”. Examiner notes, when part 11 is made of a soft and flexible material then part 11 would be adapted to be compressed relative to at least a portion of the noise making device and the wall of the bottom portion), and the noise making device is configured to emit a noise when sufficiently compressed between the curved body portion and the wall (see Para. [0047], examiner notes the equivalent structure provides the equivalent function).
Examiner notes, while Jager discloses a noise making device in the upper part of the pet toy,
Jager does not appear to specifically disclose wherein the noise making device is coupled to the upper surface of the bottom portion of the pet toy. Furthermore, Jager does not appear to specifically disclose the noise making device having a lower portion and an upper portion, the lower portion being coupled to the upper portion.
Rutherford is in the field of a noise producing toy (Abstract) and teaches wherein the noise making device is coupled to the upper surface (see noise producing assembly 96 in fig. 14b), the noise making device having a lower portion and an upper portion (noise making device 12, fig. 2), the lower portion being coupled to the upper portion (as shown in fig. 2, the rim portion 12d is coupled to the forward portion 12c).
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 invention of Jager such that squeaker was also coupled to the upper surface of the bottom portion of the pet toy assembly as taught by Rutherford, in order to retain the noise producing assembly making it more difficult for an animal to dislodge the noise producing assembly and potentially hurting itself (Rutherford: Col 14, lines 20-27). Furthermore, 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 squeaker of Jager such that it had an upper and lower portion, the lower portion being coupled to the upper portion as taught by Rutherford, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
PNG
media_image1.png
377
333
media_image1.png
Greyscale
Annotated fig. 1: annotated image of Jager’s fig. 21b
Regarding claim 4, Jager in view of Rutherford discloses the invention in claim 1, and Jager further discloses wherein the lower surface of the bottom portion is formed from a rigid plastic (Para. [0047], “[t]he two parts 11 and 15 of the various described pet toys can be made of the same or different materials, such as natural rubber, elastomeric or a polymeric material, especially elastomeric polyurethane, polymerized polyisoprene, KRATON.RTM., hard plastic unfilled PA polyamid or polypropylene, or other hard plastic polymers.”. Examiner notes, as set forth in para. [0047], part 15 can be formed of hard plastic) having a coefficient of friction that is less than a coefficient of friction of a surface to permit the lower surface to slide along the surface (part 15 being made of plastic material provides the recited function).
Regarding claim 5, Jager in view of Rutherford discloses the invention in claim 1, and Jager further discloses wherein the curved body portion includes an opening positioned proximate an apex of the curved body portion (as shown in figs. 8-11, the first part 11 has an opening positioned proximate an apex of the first part 11) and the upper portion of the noise making device extends from the lower portion of the noise making device and toward the opening (as set forth in claim 1 above, modifying Jager in view of the noise making device of Rutherford would result in the upper portion of the noise making device extending from the lower portion of the noise making device and toward the opening).
Regarding claim 7, Jager in view of Rutherford discloses the invention in claim 1, and Jager further discloses wherein the groove is closer to an inner surface of the curved body portion than an outer surface of the curved body portion (as shown in figs. 6 & 8).
Regarding claim 8, Jager in view of Rutherford discloses the invention in claim 1, and Jager further discloses wherein the support member defines a first width and the groove defines a second width, and the first width is greater than the second width (as shown in annotated fig. 2 below).
PNG
media_image2.png
398
484
media_image2.png
Greyscale
Annotated fig. 2 annotated image of Jager’s fig. 3
Regarding claim 9, Jager in view of Rutherford discloses the invention in claim 1, and Jager further discloses wherein the curved body portion is formed from a flexible material (Para. [0047], “In a presently preferred embodiment, one of the two parts 11 and 15 is made of a soft and flexible elastomeric material, while the other part 15 or 11 is made of a hard polymeric material”) to allow the curved body portion to compress the noise making device to emit the noise through an opening in the curved body portion (Examiner notes, when part 11 is made of an elastic/flexible material then part 11 would be adapted to be compressed and the noise making device would emit a noise through the opening in the part 11).
Regarding claim 10, Jager in view of Rutherford discloses the invention in claim 1, and Jager further discloses wherein the curved body portion has an inner surface defining the substantially hollow interior and an outer surface opposite the inner surface (see first part 11 in figs. 10-11), and a width of the curved body portion between the inner surface and the outer surface is greater near the substantially planar lower surface than the curved body portion (as shown in figs. 21a-21b).
Regarding claim 11, Jager in view of Rutherford discloses the invention in claim 1, and Jager further discloses wherein the curved body portion includes a flexible material to allow the curved body portion to be depressed toward the bottom portion (Para. [0047], “In a presently preferred embodiment, one of the two parts 11 and 15 is made of a soft and flexible elastomeric material, while the other part 15 or 11 is made of a hard polymeric material”), depression of the curved body portion toward the bottom portion is configured to compress the noise making device between the curved body portion and the bottom portion to cause the noise making device to emit the noise toward an opening in the curved body portion (Examiner notes, when part 11 is made of an elastic/flexible material then part 11 would be adapted to be compressed such that the noise making device emits a noise toward an opening in the curved body portion [i.e., part 11]).
Regarding claim 12, Jager discloses a pet toy (pet toy 10, fig. 21a) comprising:
a curved body portion (first part 11, fig. 21a) having a substantially hollow interior and an opening provided therein (claim 13, “said first part 11 has a hollow interior 12);
a bottom portion (second part 15, fig. 21a) coupled to the curved body portion (fig. 21a), the bottom portion having:
a substantially planar lower surface configured to slide along a surface (as shown in annotated fig. 1 above); and
an upper surface substantially opposite the lower surface (as shown in annotated fig. 1 above); and
an air-operated noise asking device (Para. [0046], “the first part 11 can also contain a further pet-stimulating device, such as a visual or acoustical device, including squeakers”);
the noise making device is adapted to be compressed (Para. [0047], “In a presently preferred embodiment, one of the two parts 11 and 15 is made of a soft and flexible elastomeric material, while the other part 15 or 11 is made of a hard polymeric material”. Examiner notes, when part 11 is made of an elastic/flexible material then part 11 would be adapted to be compressed relative to at least a portion of the noise making device and the wall of the bottom portion) and configured to emit a noise toward the opening when sufficiently compressed (see Para. [0047], examiner notes the equivalent structure provides the equivalent function).
Examiner notes, while Jager discloses an air-operated noise making device in the upper part of
the pet toy, Jager does not appear to specifically disclose wherein the air-operated noise making device
is coupled to the upper surface, the noise making device having a lower portion and an upper portion, the lower portion coupled to the upper portion. Furthermore, Jager does not appear to specifically disclose wherein the noise making device is coupled to the bottom portion so that the noise making device is received in the substantially hollow interior, the noise making device extends from the upper surface of the bottom portion to the opening in the curved body portion, the upper portion of the noise making device is at least partially exposed through the opening.
Rutherford is in the field of a noise producing toy (Abstract) and teaches wherein the noise making device is coupled to the upper surface (see noise producing assembly 96 in fig. 14b), the noise making device having a lower portion and an upper portion (noise making device 12, fig. 2), the lower portion being coupled to the upper portion (as shown in fig. 2, the rim portion 12d is coupled to the forward portion 12c). Furthermore, Rutherford teaches wherein the noise making device is coupled to the bottom portion so that the noise making device is received in the substantially hollow interior (see noise producing assembly 96 in fig. 14b), the noise making device extends from the upper surface of the bottom portion to the opening in the curved body portion, the upper portion of the noise making device is at least partially exposed through the opening (as shown in figs. 14b-c).
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 invention of Jager such that squeaker was also coupled to the upper surface and the bottom portion as taught by Rutherford, in order to retain the noise producing assembly making it more difficult for an animal to dislodge the noise producing assembly and potentially hurting itself (Rutherford: Col 14, lines 20-27). Furthermore, 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 squeaker of Jager such that it had an upper and lower portion, the lower portion being coupled to the upper portion as taught by Rutherford, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 13, Jager in view of Rutherford discloses the invention in claim 12, and Jager further discloses wherein the opening is positioned at an apex of the curved body portion (as shown in figs. 8-10).
Regarding claim 14, Jager in view of Rutherford discloses the invention in claim 12, and Jager further discloses wherein the bottom portion includes a cylindrically shaped wall extending from the upper surface of the bottom portion toward the curved body portion (as shown in annotated fig. 1 above).
Regarding claim 15, Jager discloses a method of producing a pet toy (pet toy 10, fig. 21a), the method comprising:
providing a curved body portion (first part 11, fig. 21a) having a substantially hollow interior (claim 13, “said first part 11 has a hollow interior 12);
providing a bottom portion (second part 15, fig. 21a) having:
a lower surface (as shown in annotated fig. 1 above);
an upper surface substantially opposite the lower surface (as shown in annotated fig. 1 above);
a wall extending from the upper surface (as shown in annotated fig. 1 above); and
a support member (external threads 23, figs. 6 & 8);
coupling the bottom portion to the curved body portion such that the lower portion of the noise making device is positioned within the substantially hollow interior (as shown in figs. 21a & 21b), wherein the curved body portion defines a groove extending around the periphery of the curved body portion (internal threads 14, figs. 6 & 8), the groove configured to receive the support member (Para. [0028], “[p]rovided on the substantially axially extending peripheral surface 22 between the two substantially radially extending outwardly facing surfaces 20 and 21 of the second part 15 are external threads 23 that are configured to cooperate with the internal threads 14 of the first part 11 in a manner to be described subsequently”; as shown in figs. 6 & 8).
Examiner notes, while Jager discloses a noise making device in the upper part of the pet toy,
Jager does not appear to specifically disclose inserting a noise making device into the wall of the bottom portion, the noise making device including a lower portion and an upper portion, the lower portion being coupled to the upper portion.
Rutherford is in the field of a noise producing toy (Abstract) and teaches inserting a noise making device into the wall of the bottom portion (as shown in fig. 14c, the noise producing assembly 96 is inserted into the plurality of walls 94b positioned in the top and bottom of the toy assembly), the noise making device including a lower portion and an upper portion (noise making device 12, fig. 2), the lower portion being coupled to the upper portion (as shown in fig. 2, the rim portion 12d is coupled to the forward portion 12c).
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 invention of Jager such that squeaker was also coupled to the wall of the bottom portion of the pet toy assembly as taught by Rutherford, in order to retain the noise producing assembly making it more difficult for an animal to dislodge the noise producing assembly and potentially hurting itself (Rutherford: Col 14, lines 20-27). Furthermore, 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 squeaker of Jager such that it had an upper and lower portion, the lower portion being coupled to the upper portion as taught by Rutherford, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Regarding claim 16, Jager in view of Rutherford discloses the invention in claim 15, and Jager further discloses wherein the curved body portion includes flexible material to permit the curved body portion to be depressed (Para. [0047], “In a presently preferred embodiment, one of the two parts 11 and 15 is made of a soft and flexible elastomeric material, while the other part 15 or 11 is made of a hard polymeric material”. Examiner notes, when part 11 is made of an elastic/flexible material then part 11 would be adapted to be depressed).
Regarding claim 17, Jager in view of Rutherford discloses the invention in claim 15, and Jager further discloses wherein the bottom portion includes a support member extending from the upper surface (as shown in figs. 6 & 8, the external threads 23 extend from the upper surface in a lateral direction. See also annotated fig. 1 above).
Regarding claim 18, Jager in view of Rutherford discloses the invention in claim 15, and Jager further discloses wherein the lower surface has a polymeric material (Para. [0047], “[t]he two parts 11 and 15 of the various described pet toys can be made of the same or different materials, such as natural rubber, elastomeric or a polymeric material, especially elastomeric polyurethane, polymerized polyisoprene, KRATON.RTM., hard plastic unfilled PA polyamid or polypropylene, or other hard plastic polymers.”. Examiner notes, as set forth in para. [0047], part 15 can be formed of a polymeric material) with a coefficient of friction that is less than a coefficient of friction of a surface to permit the bottom portion to slide along the surface (part 15 is made of polymeric material, therefore meeting the claimed limitation. Furthermore, examiner notes polymers have a lower coefficient of friction than for example, hard wood floors/and or marble floors, to enable sliding).
Regarding claim 19, Jager in view of Rutherford discloses the invention in claim 16, and Jager further discloses wherein an opening in the curved body portion is positioned proximate an apex of the curved body portion (as shown in figs. 8-10), the upper portion of the noise making device at least partially exposed through the opening (as set forth above in claim 15, Rutherford teaches a noise making device at least partially exposed to the environment through the opening as shown in figs. 14b).
Regarding claim 20, Jager in view of Rutherford discloses the invention in claim 16, and Jager further discloses wherein the wall extends from the upper surface of the bottom portion toward an opening in the curved body portion (as shown in annotated fig. 1 above).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jager in view of Rutherford as applied to claim 1 above, and further in view of Stone et al. (US 2018/0288971 A1), hereinafter Stone.
Regarding claim 2, Jager in view of Rutherford discloses the invention in claim 1, but does not appear to specifically disclose wherein the curved body portion includes a pair of inwardly extending arcuate side portions on opposite sides of the curved body portion.
However, Stone is in the field of a pet toy with noisemaking elements (Abstract) and teaches wherein the curved body portion includes a pair of inwardly extending arcuate side portions on opposite sides of the curved body portion (see recesses or indentations 20 in middle section 12, fig. 3).
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 invention of Jager such that the curved body had a pair of inwardly extending arcuate side portions on opposite sides of the curved body portion as taught by Stone, to “provide structure for an animal to better bite or hold the pet toy” (Stone: Para. [0013]).
Regarding claim 3, Jager in view of Rutherford discloses the invention in claim 1, but does not appear to specifically disclose wherein the curved body portion includes an inwardly extending arcuate portion, the arcuate portion having a crescent shape as viewed from above.
However, Stone is in the field of a pet toy with noisemaking elements (Abstract) and teaches wherein the curved body portion includes an inwardly extending arcuate portion, the arcuate portion having a crescent shape as viewed from above (as shown in fig. 3).
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 invention of Jager such that the curved body includes an inwardly extending arcuate portion, the arcuate portion having a crescent shape as viewed from above as taught by Stone, in order to provide a pleasing shape and provide structure for an animal to better bite or hold the pet toy (Stone: Para. [0013]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEVENA ALEKSIC whose telephone number is (571)272-1659. The examiner can normally be reached Monday-Thursday 8:30am-5:30pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571)272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/N.A./Examiner, Art Unit 3647
/Christopher D Hutchens/Primary Examiner, Art Unit 3647
Prosecution Insights