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 .
Election/Restrictions
Applicant’s election without traverse of species A, figs. 1-6 in the reply filed on 8/31/2026 is acknowledged. Applicant stated that claims 1-3 read on the elected species A. Claims 4-5 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
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 1-3 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 1, the limitation of “the leg suit part (100) is constructed by coupling, on a band-shaped fabric, front and rear ends positioned at areas below an ankle joint of the pet to surround a lower portion adjacent to the ankle joint of the pet, and to cover a femoral region of the pet by gradually spreading out from a portion at which the ankle joint of the pet is positioned toward the torso suit part (200)” is unclear and appears to be grammatically incorrect. For example, the “band-shaped fabric” appears to be ref. 130; thus, it is unclear how at the area of ref. 130, that it is “below an ankle joint of the pet to surround a lower portion adjacent to the ankle joint of the pet”? Another example, it is not clear what part of the animal body that has “a portion at which the ankle joint of the pet is positioned toward the torso suit part”?
For claim 3, the limitation of “a point thereof where the upper end of the each of the leg suit parts (100) is joined is changeable” is unclear and appears to be grammatically incorrect.
Claim 2 depends on claim 1, thus, it is also rejected the same.
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 1-3 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Treasure et al. (EP 3430895 A1).
For claim 1, Treasure et al. disclose a pet suit, comprising:
a torso suit part (101) configured to wrap a torso of a pet; and
a leg suit part (110,160) which is made of a soft material (see “Summary of the invention”, fabric material), which is coupled to the torso suit part, and into which a leg of the pet is inserted,
wherein the leg suit part is constructed by coupling (199,129), on a band-shaped fabric, front and rear ends positioned at areas below an ankle joint of the pet to surround a lower portion adjacent to the ankle joint of the pet, and to cover a femoral region of the pet by gradually spreading out from a portion at which the ankle joint of the pet is positioned toward the torso suit part (see fig. 4).
For claim 2, Treasure et al. disclose the pet suit of claim 1, and further disclose wherein a plurality of leg suit parts (110a,b) is provided so that each leg of the pet is individually fitted, and each of the leg suit parts has an upper end (where ref. 129 are located) thereof detachably connected to the torso suit part.
For claim 3, Treasure et al. disclose the pet suit of claim 2, and further disclose wherein the torso suit part is configured such that a point thereof where the upper end of the each of the leg suit parts is joined is changeable (see fig. 4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of a pet suit:
US 20200236906 A1, US 8707910 B1, US 6595162 B1, US 6481383 B1, CA 2319885 A1, all teach a pet suit, comprising: a torso suit part and a leg suit part which is made of a soft material, which is coupled to the torso suit part, and into which a leg of the pet is inserted, wherein the leg suit part is constructed by coupling, on a band-shaped fabric, front and rear ends.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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/Son T Nguyen/Primary Examiner, Art Unit 3643
