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 .
Election/Restrictions
Claims 13, and 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on February 17, 2026.
Applicant argues (remarks, p. 8) that “Figs. 8 and 9 (Species E) are just further view of Fig. 7 (Species D).” The Office agrees that the restriction between Species D and Species E is improper and therefore the restriction requirement is partially withdrawn. Species D is withdrawn, and Species E is amended as follows:
Species E: Figs. 7-9, “In one non-limiting example, the pull element cord(s) 28 are permanently attached to the closure flap 32, at or proximate the edge of the closure flap 32.” Para. [0055].
Applicant argues (remarks, p. 8) “that searching the embodiments shown in all of these figures would not present a serious search and/or examination burden.” As outlined in the original restriction requirement, Species A-H have distinct structural differences between them that would require extensive searching for each embodiment. For example, a mutually exclusive search for Species G would require a text search for a device that includes an opening that is sized and configured to fit over the opening to close the second end of the body, the sealing panel includes fastening elements that extend around the outer edge of the sealing panel in A01K15/025 and A01K15/0252. This requires a different search then searching for example Species A which requires searching for a pull element 18 that will detach the closure element 16 from the body 14. It is noted that Applicant did not explicitly state that the species are obvious variants.
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, 6-11, and 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Estrada (US 4,832,337 A), in view of Estrada (US 5,562,518 A).
Regarding claim 1, Estrada (‘337) discloses a pet toy device for containing and releasing items therein, the pet toy device comprising:
a body defining an inner chamber (hollow container member 30, fig. 1) and a closable opening (Col. 1, lines 66-68, “[c]ontainer 30 includes an opening in the bottom where two closure members 32 and 32' are pivotally mounted”; as shown in fig. 2);
a sealing panel (closure members 32 and 32’, fig. 2) that is sized and configured to be attached to the body (Col. 2, lines 13-15, “[c]losure members 32 and 32' are pivotally mounted to lateral wall 39 of container 30 through pins 38 and 38'.”) and to fit over the closable opening (as shown in figs. 1-4);
a pull element (as shown in annotated fig. 1 below);
a pull element cord (pulling string 36, fig. 1) having a first end and a second end opposite the first end (as shown in annotated fig. 1 below), the first end of the pull element cord being attached to the sealing panel and the second end of the pull element cord being attached to the pull element (as shown in annotated fig. 1 below), the pull element being configured to open the closable opening of the body when the closable opening is in a closed configuration and a pull force is exerted on the pull element (Col. 2, lines 7-13, “[c]losure members 32 and 32', as well as integrally built latching tab members 34 and 34' are made of a resilient material that allows for certain deformation when strings 36 are pulled thereby exerting a downward force on closure members 32 and 32'. The deformation is sufficient to cause a deflection on closure members 32 and 32' allowing tab members 34 and 34' to slip down”; as shown in fig. 2); and
at least one suspension [member] (loop 31, fig. 1).
While Estrada (‘337) discloses a suspension member, Estrada (‘337) does not appear to specifically disclose at least one suspension cord.
However, Estrada (‘518) teaches a suspension cord (holding cable 55, fig. 1).
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 suspension member of Estrada (‘337) with the holding cable of Estrada (‘518), since cables are commonly used and well known in the art to support significant weight from a hanging structure.
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Annotated fig. 1: annotated image of Estrada’s fig. 2
Regarding claim 2, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 1, and Estrada (‘337) further discloses wherein the body includes a first end and a second end opposite the first end, the second end defining the closable opening (as shown in annotated fig. 1 above).
Regarding claim 3, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 2, and Estrada (‘337) further discloses wherein the first end of the body is closed (as shown in annotated fig. 1 above).
Regarding claim 4, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 2, and Estrada (‘337) further discloses wherein the sealing panel is sized and configured to seal the second end of the body when the sealing panel is attached to the body over the closable opening (as shown in annotated fig. 1 above and fig. 4, the closure members 32 and 32’ is sized and configured to seal the second end of the body when the closure members are attached to the body over the closable opening).
Regarding claim 6, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 1, and Estrada (‘337) further discloses wherein the body includes at least one first sealing element (extending flange 35, fig. 4) proximate the closable opening (fig. 4) and the sealing panel includes at least one second sealing element (latching tab members 34 and 34’, figs. 3-4) that is engageable with the at least one first sealing element to attach the sealing panel to the body (Col. 2, lines 5-6, “[l]atching tab members 34 and 34’ rest on inwardly extending flange 35; as shown in fig. 4).
Regarding claim 7, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 6, and Estrada (‘337) further discloses wherein the at least one first sealing element (extending flange 35, fig. 4) includes a plurality of first sealing elements (as set forth in Col. 2, lines 5-6 above, the latching members 34 and 34’ rest on inwardly extending flange 35. As shown in figs. 3-4, there are a plurality of latching tab members 34 and 34’, and there is an inwardly extending flange 35 on each lateral wall 39 of the container), the plurality of first sealing elements being arranged around the closable opening (as shown in figs. 3-4).
Regarding claim 8, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 6, and Estrada (‘337) further discloses wherein the at least one second sealing element (latching tab members 34 and 34’) includes a plurality of second sealing elements (as shown in fig. 3), the plurality of second sealing elements being arranged around and proximate an edge of the sealing panel (as shown in fig. 3).
Regarding claim 9, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 6, and Estrada (‘337) further discloses at least one first sealing element and second sealing element (see latching tab members 34 and 34’ one each side of the closure opening, fig. 3), but does not appear to specifically disclose wherein the sealing element is at least one of a hook-and-loop fastener, a snap, a magnet, and/or a clamp.
The examiner takes Official Notice that a snap element is a well-known way to maintain an opening of a closure member in a closed state.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a snap element to maintain an opening of a closure member in a closed state to support increased weight within the container.
Regarding claim 10, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 6, and Estrada (‘337) further discloses wherein the at least one first sealing element and the at least one second sealing element are configured to disengage when a moderate pull force is exerted on the pull element, such that that sealing panel separates from the body (Col 2. Lines 6-11, “[c]losure members 32 and 32', as well as integrally built latching tab members 34 and 34' are made of a resilient material that allows for certain deformation when strings 36 are pulled thereby exerting a downward force on closure members 32 and 32'.”; as shown in figs. 1 & 2).
Regarding claim 11, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 1, and further discloses a pinata game sign frame (fig. 1), but does not appear to specifically disclose wherein the body includes a frame, the frame being coupled to the body and extending around the closable opening.
The examiner takes Official Notice that frames are commonly used to maintain the shape of an article.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a frame to the top and bottom container member 30 of Estrada (‘337), in order to assist in maintaining the shape.
Regarding claim 17, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 11, and the combined references further discloses wherein the frame includes a plurality of frame portions (as modified above, the upper and lower container members 30 each include a frame. See also the pinata game sign frame on top of container 30).
Regarding claim 18, Estrada (‘337) in view of Estrada (‘518) discloses the invention in claim 17, and Estrada (‘337) further discloses wherein the frame is foldable (the pinata game sign in fig. 1 can be taken apart from the container 30 and folded).
Allowable Subject Matter
Claims 5, 12, and 14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: See PTO 892.
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/N.A./Examiner, Art Unit 3647
/Christopher D Hutchens/Primary Examiner, Art Unit 3647
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