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 .
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.
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.
Claims 1, 2, and 4-9 are rejected under 35 U.S.C. 102(a)(1) (a)(2) as being anticipated by Johnson (US D801642) in view of Dornak (US 6643847).
Regarding claim 1, Johnson discloses a grooming assistance device for grooming an animal by a groomer comprising: a headgear to be worn on a head of a groomer (see figure 1 below), a food holder attached to the heargear, the food holder having a front side configured to hold a food and positioned on the headgear so that it is accessible to the animal allowing the animal to eat the food on the front side of the food holder while the groomer is grooming the animal but fails to teach wherein the food holder has a detachable attachment mechanism on a back side of the food holder and on a front surface of the headgear, so the food holder can be detached from the headgear to allow for cleaning of the food holder and placement of the food on the front side of the food holder. However, Dornak teaches a detachable attachment mechanism (on a back side of the food holder (hook and fastener element 126, col. 3, ll. 7-8) and on a front surface of the headgear (supporting facie 104, 106, 110 and 112, col. 3, ll. 2-4). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify Johnson’s hat with a fastener as taught by Dornak to allow the design to be easily removed for cleaning and/or repair or removed to easily personalize the hat.
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Regarding claim 2, Johnson as modified by Dornak teaches the invention substantially as claimed and Dornak further teaches wherein the detachable attachment mechanism is a hook and loop fastener (col. 3, ll. 2-4).
Regarding claim 4, Johnson as modified by Dornak teaches the invention substantially as claimed and Johnson further teaches wherein the front side of the food holder is a licking pad which configured to allow the animal to eat the food by licking (an animal is capable of licking any food off of pad).
Regarding claim 5, Johnson as modified by Dornak teaches the invention substantially as claimed and Johnson further teaches wherein the front side of the food holder has a plurality of protrusions for receiving and holding the food on the food holder (see figure 1 above).
Regarding claim 6, Johnson as modified by Dornak teaches the invention substantially as claimed and Johnson further teaches wherein the front side of the food holder has a plurality of pockets and crevices for receiving and holding the food on the food holder (space between adjacent protrusions, fig. 1).
Regarding claim 7, Johnson as modified by Dornak teaches the invention substantially as claimed and Johnson further teaches wherein the headgear is a hat (fig. 1).
Regarding claim 8, Johnson as modified by Dornak teaches the invention substantially as claimed and Johnson further teaches wherein the hat has a band to secure the hat on the head of the groomer (fig. 3).
Regarding claim 9, Johnson as modified by Dornak teaches the invention substantially as claimed and Johnson further teaches wherein the hat has a strap to secure the hat on the head of the groomer (fig. 3).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Johnson in view of Dornak, as applied to claim 1 above, further in view of Tapia (US 5070545).
Regarding claim 3, Johnson as modified by Dornak teaches the invention substantially as claimed but fails to teach wherein the detachable attachment mechanism is a snap fastener. However, Tapia teaches a snap fastener (engagement members 52, col. 5, ll. 35-42). It would have been obvious to one having ordinary skill in the art before the effective filing date to modify Johnson’s hat with a fastener as taught by Tapia to allow the design to be easily removed for cleaning and/or repair or removed to easily personalize the hat.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EBONY E EVANS whose telephone number is (571)270-1157. The examiner can normally be reached 9am -5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at 5712726909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/EBONY E EVANS/Primary Examiner, Art Unit 3647