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 .
Notice to Applicant
Claims 1-20 have been examined in this application. This communication is the first action on the merits of these claims.
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.
Claim 20 is 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.
Claim 20 is indefinite because it is unclear what makes the filler material unique to the plurality of bodies, or what such a material would encompass.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3, 9-12 are rejected under 35 USC 102(a)(1) and 102(a)(2) as being anticipated by US Patent Number 5,647,302 to Shipp.
Regarding claim 1, Shipp discloses an animal hygienic device for interaction with teeth, the device comprising: at least one body being elongated (body 12);
a first surface being an exterior of the at least one body (exterior surface of body 12);
a second surface being an interior of the at least one body and defining a first cavity for insertion of a first material (column 2, lines 33-34 disclose “the present invention may be constructed with a hollow core along a longitudinal axis”);
a first plurality of interstitial spaces formed by intersection of the first and second surfaces (grooves 14), the first plurality of interstitial spaces providing an active surface and being dimensioned to allow frictional engagement with at least one animal tooth (column 3, lines 20-24 disclose “This groove 14 arrangement tends to ensure that when the device 10 is chewed between a dog’s upper and lower posterior (caudal) teeth, both the upper and lower teeth will be inserted into the groove 14”);
a container being connected to the at least one body (bulbous portions 16);
a third surface being an exterior of the container (exterior surface of bulbous portions 16); and
a fourth surface being an interior of the container and defining a second cavity for insertion of a second material (column 2, lines 33-34 disclose “the present invention may be constructed with a hollow core along a longitudinal axis”, the portion of the hollow core within bulbous portions 16 comprise a second cavity for insertion of a second material).
Regarding claim 2 (dependent on claim 1), Shipp discloses a second plurality of interstitial spaces distributed on the container, the second plurality of interstitial spaces providing an additional active surface and being dimensioned to allow frictional engagement with at least one animal tooth. Column 4, lines 51-55 disclose “the bulbous portions 16 contain grooves 19 that facilitate chewing of the dental hygiene device 10 by the animal at varied angles. As the animal chews on the bulbous portions 16, the protrusions 18 may act to clean the animal’s teeth and under the gumline”.
Regarding claim 3 (dependent on claim 1), Shipp discloses the one or more surfaces is composed of a set of portions. Body 12 is comprised of a set of portions.
Regarding claim 9 (dependent on claim 3), Shipp discloses at least part of the set of portions frictionally engage an interdental space of adjacent teeth during the interaction. column 3, lines 20-24 disclose “This groove 14 arrangement tends to ensure that when the device 10 is chewed between a dog’s upper and lower posterior (caudal) teeth, both the upper and lower teeth will be inserted into the groove 14”.
Regarding claim 10 (dependent on claim 3), Shipp discloses the first surface and the second surface are composed of the sets of portions. Body 12 is comprised of the set of portions.
Regarding claim 11 (dependent on claim 3), Shipp discloses the set of portions frictionally engage an interdental space of adjacent teeth. column 3, lines 20-24 disclose “This groove 14 arrangement tends to ensure that when the device 10 is chewed between a dog’s upper and lower posterior (caudal) teeth, both the upper and lower teeth will be inserted into the groove 14”.
Regarding claim 12 (dependent on claim 1), Shipp discloses the container has at least one opening (see opening of hollow core 24 in bulbous portions 16 in Figure 1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 4-8 are rejected under 35 USC 103 as being obvious over US Patent Number 5,647,302 to Shipp in view of US Patent Application Number 2013/0291804 by Lipscomb.
Regarding claim 4 (dependent on claim 3), Shipp does not disclose each portion is selected from the group consisting of a string, a cord, a yarn, a wire, an elastic band, a lace, a thin ribbon, a thick ribbon, a feather and a strand. However, this limitation is taught by Lipscomb. Lipscomb discloses an animal chew toy comprising an elongated body 22 formed of a plurality of woven strands 50. It would be obvious to a person having ordinary skill in the art to modify Shipp using the teachings from Lipscomb to use known ways and materials to form an elongated chew toy for pets.
Regarding claim 5 (dependent on claim 4), Lipscomb further teaches each portion is identical. Each portion of body 22 is formed of strands 50.
Regarding claims 6 (dependent on claim 3) and 7 (dependent on claim 3), Lipscomb does not disclose a first set of portion is composed of thin ribbons and a second set of portions is composed of thick ribbons or a first set of portions is composed of ribbons and a second set of portions is composed of strands. However, it would have been an obvious matter of design choice to use strands of different sizes as desired to form different woven designs, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 8 (dependent on claim 3), Lipscomb further teaches the sets of portions are attached together by at least one of: braiding, weaving, Paragraph 10 discloses “The pouch sidewall is formed of a plurality of pairs of first and second elongate helical or spiral strands that are biaxially woven or braided”.
Claims 13-18 are rejected under 35 USC 103 as being obvious over US Patent Number 5,647,302 to Shipp in view of US Patent Number 10,285,380 to Mullin and US Patent Application Number 2004/0244719 by Jager.
Regarding claim 13 (dependent on claim 1), Shipp does not disclose the container has at least two openings the at least two openings including a first opening for connection with the at least one body and a second opening for insertion or removal of the second material within the second cavity. However, this limitations is taught by Mullin and Jager. Mullin discloses a Figures 7 and 8 of Mullin show a first opening 144 for connection of a bulbous head 140 with an elongated body 110. It would be obvious to a person having ordinary skill in the art to modify Shipp using the teachings from Mullin in order to make the head detachable to insert a material within the body or to allow the head to be removed or replaced if not needed. Furthermore, Jager discloses a pet chew toy with an opening 66 for inserting a treat (see paragraph 52). It would be obvious to a person having ordinary skill in the art to modify Shipp using the teachings from Jager in order to better incentivize the animal to play with the toy.
Regarding claim 14 (dependent on claim 13), Mullin further teaches the at least one body forms a connection to the container at the first opening (see Figure 8).
Regarding claim 15 (dependent on claim 1), Mullin further teaches the at least one body is removably connected to the container.
Regarding claim 16 (dependent on claim 1), Mullin further teaches the first cavity contains a first material (column 5, lines 64-65 disclose “a squeaker bellows chamber 118 is located inside the main body 110”.
Jager further teaches the second cavity contains a second material. Paragraph 52 discloses “Treats can be inserted into the hollow interior of the toy through this hole 66”.
Regarding claims 17 (Dependent on claim 16), 18 (dependent on claim 17), Mullins and Jager further teaches the first material and the second material are selected from the group consisting of: treats, toys, bells, squeakers, a mesh, a plush, sticks, twine, sponge and combinations thereof, wherein the first material differs from the second material. Mullins discloses squeaker bellows 118 and Jagger discloses treats.
Claim 19 is rejected under 35 USC 103 as being obvious over US Patent Number 5,647,302 to Shipp in view of US Patent Application 2004/0200433 by Oblack.
Regarding claim 19 (dependent on claim 1), Shipp does not disclose a plurality of bodies. However, this limitation is taught by Oblack. Oblack discloses a pet toy with a bulbous head 38 connected to a plurality of bodies 20, 22, 24. It would be obvious to a person having ordinary skill in the art to modify Shipp using the teachings from Oblack in order to make toys of different shapes.
Claim 20 is rejected under 35 USC 103 as being obvious over US Patent Number 5,647,302 to Shipp in view of US Patent Application 2004/0200433 by Oblack, in further view of US Patent Number 10,285,380 to Mullin
Regarding claim 20 (dependent on claim 19), Shipp and Oblack, as best understood, do not disclose at least one body includes a filler material unique to the plurality of bodies. However, this limitation is taught by Mullin. Column 5, lines 64-65 disclose “a squeaker bellows chamber 118 is located inside the main body 110”, thus the squeaker comprises a filler material that is unique to the main body 110. It would be obvious to a person having ordinary skill in the art to modify Shipp using the teachings from Mullin in order to provide more stimulation to the animal.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642
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