ETAILED 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 § 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 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, 4, 6, and 8 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Goldfain (US 2016/0165852).
For claim 1, Goldfain teach a pet management system comprises a pet collar, which is provided with a controller (100, 118, 120), a wireless transmission module (101, 607) and a detection module (610, 611), wherein the controller is electrically connected to the wireless transmission module and the detection module; the controller is connected to a terminal device through the wireless transmission module; the detection module is used to monitor real-time health condition of pets (see Abstract, Figures 1-5, 6A, 6B, and 7, and [0002]-[0008], [0097]).
For claim 3, Goldfain teach wherein the pet management system comprises a global position system module, which includes a global position system positioner for determining position (see [0046], [0047]).
For claim 4, Goldfain teach wherein the pet management system also comprises a voice recognition module, which comprises a microphone used to collect the pet's sounds and a speaker used to play prerecorded audio recordings (see [0082]).
For claim 6, Goldfain teach wherein the pet collar (402) comprises a main body, a first strap and a second strap; the first strap and the second strap are arranged on two sides of the main body; the first strap is provided with a plurality of evenly distributed connection holes along its length direction (inherently comprised within the collar); the second strap is provided with a connection buckle and a fixing buckle (inherently comprised within the collar); the connection buckle can be inserted into any one of the connection holes to have the first strap and the second strap connected; the fixing buckle is used to fix the first strap (inherently comprised within the collar) (see Figures 4 and 5).
For claim 8, Goldfain teach wherein the detection module also comprises a motion sensor; when the motion sensor monitors an abnormal activity speed, or when the voice recognition module monitors an abnormal sounds, the controller will receive warming signals (see [0089], [0108]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Goldfain (US 2016/0165852) in view of Teetzel et al. (US 8531592).
For claim 2, as described above, Goldfain discloses most of the claimed invention except for mentioning wherein the controller is provided with a timing module used to turn on or turn off the camera module.
Teetzel et al. teach that it is old and well known in the art to provide a camera switch (450) for powering the camera on or off.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Goldfain so as to include the use of a camera switch, in a similar manner as taught in Teetzel et al., in order to power the camera on or off.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Goldfain (US 2016/0165852) in view of Kates (US 2009/0031966).
For claim 5, as described above, Goldfain discloses most of the claimed invention except for mentioning wherein the pet management system comprises an interaction module, which comprises a feeder, a toy and an automatic door; wherein the feeder, the toy and the automatic door are respectively provided with a Bluetooth chip, and the feeder, the toy and the automatic door are connected to the controller through the wireless transmission module.
Kates teaches that it is old and well known in the art to provide a pet management system comprises an interaction module, which comprises a feeder (120,121,122), a toy (114,115,116) and an automatic door (see [0009], [0046]); wherein the feeder, the toy and the automatic door are respectively provided with a Bluetooth chip (inherently comprised within the feeder, the toy and the automatic door), and the feeder, the toy and the automatic door are connected to the controller through the wireless transmission module.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Goldfain so as to include a feeder, a toy and an automatic door, in a similar manner as taught in Kates, in order to realize the benefits thereof.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Goldfain (US 2016/0165852) in view of Chapman (US 2022/0369598).
For claim 7, as described above, Goldfain discloses most of the claimed invention except for mentioning wherein the camera
module comprises a camera exposed on a surface of the pet collar; the camera is located in front of the pet's neck when a pet wears the pet collar so as to record videos or take photos from a first perspective of the pet.
Chapman teaches that it is old and well known in the art to provide a pet management system comprises the camera module comprises a camera (18) exposed on a surface of the pet collar; the camera is located in front of the pet's neck when a pet wears the pet collar so as to record videos or take photos from a first perspective of the pet (see Figures 2a, 2b).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the system of Goldfain so as to include a camera exposed on a surface of the pet collar, in a similar manner as taught in Chapman, so as to record videos or take photos from a first perspective of the pet.
Conclusion
Note, although the examiner recites certain excerpts for the prior art, MPEP 2141.02 VI states “PRIOR ART MUST BE CONSIDERED IN ITS ENTIRETY, INCLUDING DISCLOSURES THAT TEACH AWAY FROM THE CLAIMS”.
The prior arts Molloy et al. (US 2022/0159934) and Robbins (US 2019/0082654) teach animal health monitoring system.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRINH T NGUYEN whose telephone number is (571)272-6906. The examiner can normally be reached on Monday-Friday 7:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Timothy Collins can be reached on 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TRINH T NGUYEN/Primary Examiner, Art Unit 3644