DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
While there is an attorney listed, there is no power of attorney on file.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The disclosure is objected to because of the following informalities:
In [0015], reference characters "21" and "210" have both been used to designate “front strap” in lines 10 and 12.
In [0010], line 16, the statement “8 and 16” do not state any measurement units.
In [0024], the statement “8 and 16” and “12” do not state any measurement units.
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 4, 8-9 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.
For claim 4, the limitation “the rim (5)” in lines 1 and 3 is unclear because claim 3 states “the collar (5) extends between a topside (51) and an underside (52)”. For examination purposes, the limitation “the rim” will be treated as “the collar” in claim 4.
For claim 8, the limitation “whichever one of the respective pairs of points of the first sleeve end (31) and the second sleeve end (32)” in lines 3 and 6 is unclear as the limitation following after “whichever” is not positively recited.
Also, the limitation “8 and 16” in line 9 is unclear as there are no measurement units.
For claim 9, the limitation “each shield (11, 12)” in line 2 is unclear because is it referring to a different each shield than what was stated in claim 1, line 2? For examination purposes, the limitation will be treated as the same each shield and it is recommended that “the” be inserted before -- each shield-- in claim 9.
Claim Rejections - 35 USC § 102
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 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 1-5, 8-9 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by HAEMMERLE (FR 2465408 A1 as cited in IDS).
Regarding claim 1, HAEMMERLE discloses a pair of goggles (fig. 1) intended to be fitted to a head of an equine (title and abstract), the pair of goggles comprising a set of straps (5-9) and two shields (fig. 3, [0003] and claim 5 as blinders are attached both the left and right shells 1 and 2), each shield comprising a sleeve (sleeve of blinder in fig. 3) which extends between a first sleeve end (see examiner’s illustration of fig. 3) and a second sleeve end (see examiner’s illustration of fig. 3), the first sleeve end being provided with a first hole (hole of first sleeve end) and the second sleeve end being provided with a second hole (hole of second sleeve end), characterized in that the second sleeve end is provided with a collar (1) fitted to a rim (see examiner’s illustration of fig. 3) of the second hole (see examiner’s illustration of fig. 3, [0003]-[0004] and claim 5 as the blinders are attached to the surface of 1).
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Regarding claim 2, HAEMMERLE discloses the pair of goggles according to claim 1, characterized in that the collar and the sleeve form a first angle which lies between 90° and 120° (see examiner’s illustration of fig. 3, [0003]-[0004] and claim 5 as the blinder will be placed on collar 1 and so would form a first angle at least 90°).
Regarding claim 3, HAEMMERLE discloses the pair of goggles according to claim 1, characterized in that the collar extends between a topside (topside of 1) and an underside (underside of 1) which is equipped with a crown ([0004] as the lower face will receive a foam crown).
Regarding claim 4, HAEMMERLE discloses the pair of goggles according to claim 3, characterized in that the rim (please see 112b above as “the rim” will be interpreted as the collar) is provided with a plurality of channels (fig. 2 and [0004]) extending between the topside and the underside of the rim (fig. 2 and [0004]).
Regarding claim 5, HAEMMERLE discloses the pair of goggles according to claim 3, characterized in that the channels are radially interposed between the crown and the rim around a general extension axis of the sleeve (fig. 2 and [0004] as the channels will be between the crown, which will be under the channels, and the rim, which will be above the channels).
Regarding claim 8, HAEMMERLE discloses the pair of goggles according to claim 1, characterized in that the sleeve extends between at least one pair of distant points (see examiner’s illustration of fig. 3) and one pair of near points (see examiner’s illustration of fig. 3), the pair of distant points being whichever one of the respective pairs of points of the first sleeve end and the second sleeve end for which a first distance between a first distant point and a second distant point is greatest (see examiner’s illustration of fig. 3), the second pair of near points being whichever one of the respective pairs of points of the first sleeve end and the second sleeve end for which a second distance between a first near point and a second near point is smallest (see examiner’s illustration of fig. 3), a ratio of the first distance to the second distance (see examiner’s illustration of fig. 3) is between 8 and 16 (see 112b above).
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Regarding claim 9, HAEMMERLE discloses the pair of goggles according to claim 1, characterized in that each shield comprises at least two longitudinal bosses (see examiner’s illustration of fig. 3 as the bosses are the curved portions) which extend between the first sleeve end and an outer collar edge (outer collar edge of 1 in fig. 2; see examiner’s illustration of fig. 3, [0003]-[0004] and claim 5 as the sleeve will be attached to the collar and so will have two longitudinal bosses which extend between the first sleeve end and an outer collar edge) and which jointly border an inflection line (fig, 2 and see examiner’s illustration of fig. 3, [0003]-[0004] and claim 5 as the sleeve will be attached to the collar and so will jointly border an inflection line) which also extends between the first sleeve end and an outer collar edge (fig, 2 and see examiner’s illustration of fig. 3, [0003]-[0004] and claim 5).
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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.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over HAEMMERLE as applied to claims 1, 3 and 5 above, and further in view of Troppman (US 1168581 A).
Regarding claim 6, HAEMMERLE teaches the pair of goggles according to claim 5, but is silent wherein the pair of goggles are characterized in that the collar comprises two tabs which are diametrically opposed to each other with respect to the general extension axis.
Troppman teaches wherein the pair of goggles (fig. 1) are characterized in that the collar (7) comprises two tabs (8 and 10) which are diametrically opposed to each other with respect to the general extension axis (fig. 1).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pair of goggles of HAEMMERLE to include two tabs which are diametrically opposed to each other with respect to the general extension axis as taught by Troppman in order to securely hold the eye cups together (figs. 1-2 and page 1, lines 65-70 of Troppman) and further securing the goggles to the head (page 1, lines 71-75 of Troppman).
Regarding claim 7, HAEMMERLE as modified by Troppman teaches the pair of goggles according to claim 6, and Troppman further teaches characterized in that a first tab (10) is arranged in a first plane (fig. 2) and a second tab (8) is arranged in a second plane (fig. 2), which form a second angle (fig. 2) between them.
However, HAEMMERLE as modified by Troppman does not explicitly state the second angle which is between 70° and 120°.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the second angle of HAEMMERLE as modified by Troppman to be between 70° and 120° in order to properly fit the various shaped heads as it is well known in the art, since it has been held that where routine testing and general experimental conditions are present, discovering the optimum or workable ranges until the desired effect is achieved involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over HAEMMERLE as applied to claims 1, 3 and 5 above, and further in view of PETERSON (US 1677566 A).
Regarding claim 10, HAEMMERLE teaches the pair of goggles according to claim 1, characterized with a corrective lens ([0003]).
However, HAEMMERLE is silent in that the first hole is provided with the corrective lens.
PETERSON teaches wherein the first hole (opening of 35) is provided with the corrective lens (36, fig. 3).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to rearrange the corrective lens of HAEMMERLE to be wherein the first hole is provided with the corrective lens as taught by PETERSON in order to easily clean the lens as it is well known in the art, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Rogers (US 0903108 A) teaches horse goggles.
Damone (US 2871642 A) teaches horse goggles with shields.
Powell (US 4040239 A) teaches horse goggles with shields.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAHAR ALMATRAHI whose telephone number is (571)272-2470. The examiner can normally be reached M-F 7:30-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAHAR ALMATRAHI/Examiner, Art Unit 3643
/DAVID J PARSLEY/Primary Examiner, Art Unit 3643