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 .
This is the first Office Action on the merits. Claims 1-20 are currently pending.
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.
Claims 15 and 19 rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
In this case, both claims 15 and 19 are indefinite because they recite “the connector.” There is insufficient antecedent basis for the claim limitation. It is unclear if this is intended to refer to “a connector” of claim 14, or to a different connector. In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
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.
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sandberg (US 20070006823 A1), hereafter referred to as “Sandberg”.
Regarding claim 20, Sandberg discloses a method of using a pet leash apparatus comprising (abstract), the method comprising the steps of:
gripping the lead (1; fig. 2) at a gripped portion proximate a distal end (10; fig. 2; e.g., 10 is at a distal end when the leash is utilized in normal use; fig. 2); and
applying tension to move the gripped portion to a proximal end (proximate end by element 5; e.g., 10 is pulled and wrapped around the collar when in the stored position) thereby maintaining a substantially fixed length between the gripped portion and the pet collar throughout detangling (the length of the leash between 10 and 5 is fixed; fig. 2).
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 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Myers (US 20230255182 A1), hereafter referred to as “Myers”, in view of Muscat et al. (US 20230292714 A1), hereafter referred to as “Muscat”.
Regarding 1, Myers teaches a pet leash apparatus (figs. 1-5C), comprising:
a lead (100) formed of a flexible material to resist generally only tension forces (paragraph [0019]);
a lead attachment (203) to receive the lead (fig. 2), the lead attachment in mechanical cooperation (fig. 2) with a pet collar (fig. 1) configured for attachment to a pet (fig. 1);
a plurality of fasteners (201a, 201b; fig. 2) disposed along the lead that attachably and detachably cooperate with one another (fig. 2 and paragraph [0025]); and
wherein the lead is configurable between: (i) a looped configuration in which all the fasteners are detached from one another and the lead forms a continuous loop (fig. 2); and (ii) a fastened configuration in which at least some fasteners are attached to restrict movement of the lead through the lead attachment (fig. 4 and paragraph [0025]), but does not explicitly teach that the lead cooperates with the lead attachment to reposition a gripped portion of the lead proximate a distal end to the proximal end by tensioning of the lead at the gripped portion.
Muscat teaches a leash apparatus (figs. 1-15) including a lead (202; figs. 6A-6B) that extends in a sliding manner through a lead attachment (106C; see paragraph [0042] and figs. 6A-6B and 10B).
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 apparatus of Myer, such that the lead extends in a sliding manner through the lead attachment, as taught by Muscat, in order to provide more flexible control of the lead (paragraph [0014]). The combined teachings of Myer and Muscat would result in the lead cooperating with the lead attachment to reposition a gripped portion of the lead proximate a distal end to the proximal end by tensioning of the lead at the gripped portion.
Regarding claim 2, Myers in view of Muscat teaches the apparatus of claim 2, and Myers further teaches that the fasteners comprise hook and loop fasteners (201a, 201b; fig. 2) configured to engage one another (paragraph [0025]).
Regarding claim 3, the combined teachings of Myers in view of Muscat teaches the apparatus of claim 1, and further teaches that lead attachment (203 of Myers) comprises a ring (106C as relied on Muscat) that slideably receives the lead (paragraph [0042] as relied on Muscat).
Regarding claim 4, the combined teachings of Myers in view of Muscat teaches the apparatus of claim 1, and further teaches that the lead attachment (203 of Myers and 106C, as relied on Muscat) comprises a swivel (fig. 10B and paragraph [0042]).
Regarding claim 5, the combined teachings of Myers in view of Muscat teaches the apparatus of claim 1, and further teaches a pulley (106C and paragraph [0042] as relied on Muscat) with a wheel (246C; figs. 10B) of the pulley configured to pass the lead (202) through the pulley by rotation of the wheel, the lead attachment comprising the pulley (paragraphs [0014] and [0042]; see also figs. 6A-6B and 10B).
Regarding claim 6, the combined teachings of Myers in view of Muscat teaches the apparatus of claim 5, and further teaches that the wheel (246C; fig. 10B as relied on Muscat) of the pulley (106C as relied on Muscat) includes a groove (fig. 10B showing a groove formed within the region of 242C and 246C in fig. 10B; see also paragraphs [0014] and [0042]) configured to cooperate with fasteners (201a, 201b of Myers) disposed along the lead (fig. 2 of Myers) to allow the lead including the fasteners to pass through the pulley (fig. 2 of Myers and figs. 6A-6B and paragraphs [0014] and [0042] as relied on Muscat).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Myers in view of Muscat as applied to claim 1 above, and further in view of Sohler et al. (US 20060102105 A1)’s figure 1 embodiment, hereafter referred to as “Sohler 1”.
Regarding claim 7, Myers in view of Stein teaches the apparatus of claim 1, but does not explicitly teach an elongate member of rigid construction, the elongate member having a first end that cooperates with the pet collar and a second end that cooperates with the lead attachment and wherein the elongate member is positionable about the first end between an extended position by slacking of the lead and a tensioned position by tensioning of the lead.
Sohler teaches a leash apparatus (fig. 1) including an elongate member (18 and paragraph [0028] teaching a tie rod) of rigid construction (paragraphs [0025] and [0028]), the elongate member having a first end that cooperates with a pet collar (12; end by element 14 as shown in fig. 1) and a second end that cooperates with the lead attachment (end by where element 18 locates in fig. 1) and wherein the elongate member is positionable about the first end between an extended position by slacking of the lead (extended position as shown in fig. 1 and paragraph [0025]) and a tensioned position by tensioning of the lead (paragraph [0025], e.g., teaching a position where 20 is elastically bend sideways).
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 apparatus of Myer in view of Muscat, to include an elongate member of rigid construction, the elongate member having a first end that cooperates with the pet collar and a second end that cooperates with the lead attachment and wherein the elongate member is positionable about the first end between an extended position by slacking of the lead and a tensioned position by tensioning of the lead, as taught by Sohler 1, in order to mitigate the pet from stepping and getting caught on the leash (paragraph [0029]).
Regarding claim 8, Myer in view of Muscat and Sohler 1 teaches the apparatus of claim 7, and Sohler further teaches that the elongate member (18, 20, 22, 24) is configured to alter between the extended position and the tensioned position generally in a plane (paragraph [0025] and fig. 1, e.g. teaching the two positions generally in a vertical plane).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Myers in view of Muscat and Sohler 1 as applied to claim 7 above, and further in view of Sohler et al. (US 20060102105 A1)’s figure 2 embodiment, hereafter referred to as “Sohler 2”.
Regarding claim 9, Myer in view of Muscat and Sohler 1 teaches the apparatus of claim 7, and Sohler 1 further teaches a swivel (24; fig. 1 and paragraphs [0026]-[0027]) disclosed between the elongate member and the leash to position rotatably the extended position and the tensioned position about the pet collar (fig. 1), but does not explicitly teach that the swivel is disposed between the pet collar and the elongate member to position rotatably the extended position and the tensioned position about the pet collar.
Sohler 2 teaches a leash apparatus (fig. 2) including a swivel (32, 40; paragraph [0030]) disposed between a pet collar (12) and an elongate member (36; fig. 2) to position rotatably the extended position and the tensioned position about the pet collar (paragraph [0030]).
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 apparatus of Myer in view of Muscat and Sohler 1 to include a swivel disposed between the pet collar and the elongate member to position rotatably the extended position and the tensioned position about the pet collar, as taught by Sohler 2, in order to lessen the length of the elongate member, which would reduce the bending stress on the elongate member (paragraph [0031] of Sohler 2).
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Myers in view of Muscat and Sohler 1 as applied to claim 7 above, and further in view of Granger (WO 2025227252 A1), hereafter referred to as “Granger”.
Regarding claim 10, Myer in view of Muscat and Sohler 1 teaches the apparatus of claim 7, but does not explicitly teach a connector in hinged cooperation with a first end of an elongate member, the elongate member hingedly rotates about the connector between the extended position and the tensioned position.
Granger teaches a leash apparatus (figs. 1-12C) including a connector (132; paragraph [0056] and fig. 2B) in hinged cooperation with a first end of an elongate member (106, 112), the elongate member hingedly rotates about the connector between an extended position and a tensioned position (paragraph [0056]).
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 apparatus of Myer in view of Muscat and Sohler 1 to include a connector in hinged cooperation with a first end of an elongate member, the elongate member hingedly rotates about the connector between the extended position and the tensioned position, as taught by Granger, in order to allow a user to set an angle at which the elongate member is situated at rest based on the user’s preferences (paragraph [0084]).
Regarding claim 11, the combined teachings of Myer in view of Muscat, Sohler 1, and Granger teaches the apparatus of claim 10, and further teaches a spring (20 of Sohler 1) in cooperation with the connector (132 as relied on Granger) and the elongate member to position the elongate member between the extended position and the tensioned position (fig. 1 and paragraph [0025] of Sohler 1 and paragraphs [0056] and [0084] as relied on Granger).
Regarding claim 12, the combined teachings of Myer in view of Muscat, Sohler 1, and Granger teaches the apparatus of claim 10, and further teaches a swivel (132 including a swivel; paragraph [0056] as relied on Granger) in cooperation with the connector to rotate the connector and elongate member (fig. 1 of Sohler 1) about the pet collar (paragraph [0056] as relied on Granger).
Claims 13, 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Myers in view of Muscat and Sohler 1.
Regarding claim 13, Myers teaches a pet leash apparatus (figs. 1-5C), a pet leash apparatus, comprising:
a lead (100) formed of a flexible material to resist only tension forces (paragraph [0019]);
a lead attachment (203) in mechanical cooperation with the lead (fig. 1);
a plurality of fasteners (201a, 201b; fig. 2) disposed along the lead that cooperate to attach and detach portions of the loop with one another (fig. 2 and paragraph [0025]) thereby altering the loop between a fastened configuration having one or more of the plurality of fasteners attached to one another (fig. 4) and a looped configuration having all of the fasteners detached from one another (fig. 2); and
with the lead in the fastened configuration (fig. 4), a gripped portion of the lead is blocked from repositioning to the proximal end (fig. 4), but does not explicitly teach:
an elongate member, the elongate member having a first end that cooperates with a pet collar and a second end that cooperates with the lead attachment, the elongate member being positionable between an extended position by slacking of the lead and a tensioned position by tensioning of the lead; and
wherein, with the lead in the looped configuration, the lead attachment cooperates with the lead to reposition the gripped portion of the lead proximate a distal end to the proximal end by tensioning of the lead at the gripped portion.
Muscat teaches a leash apparatus (figs. 1-15) including a lead (202; figs. 6A-6B) that extends in a sliding manner through a lead attachment (106C; see paragraph [0042] and figs. 6A-6B and 10B).
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 apparatus of Myer, such that the lead extends in a sliding manner through the lead attachment, as taught by Muscat, in order to provide more flexible control of the lead (paragraph [0014]). The combined teachings of Myer and Muscat would result in wherein, with the lead in the looped configuration, the lead attachment cooperates with the lead to reposition the gripped portion of the lead proximate a distal end to the proximal end by tensioning of the lead at the gripped portion.
Sohler 1 teaches a leash apparatus (fig. 1) including an elongate member (18 and paragraph [0028] teaching a tie rod), the elongate member having a first end that cooperates with a pet collar (12; end by element 14 as shown in fig. 1) and a second end that cooperates with the lead attachment (end by where element 18 locates in fig. 1), the elongate member being positionable between an extended position by slacking of the lead (extended position as shown in fig. 1 and paragraph [0025]) and a tensioned position by tensioning of the lead (paragraph [0025], e.g., teaching a position where 20 is elastically bend sideways).
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 apparatus of Myer in view of Muscat, to include an elongate member, the elongate member having a first end that cooperates with a pet collar and a second end that cooperates with the lead attachment, the elongate member being positionable between an extended position by slacking of the lead and a tensioned position by tensioning of the lead, as taught by Sohler 1, in order to mitigate the pet from stepping and getting caught on the leash (paragraph [0029]).
Regarding claim 16, the combined teachings of Myer in view of Muscat and Sohler 1 teaches the apparatus of claim 13, and further teaches that the lead attachment (203 of Myers) comprises a ring (106C as relied on Muscat) that slideably receives the lead (paragraph [0042] as relied on Muscat).
Regarding claim 17, the combined teachings of Myer in view of Muscat and Sohler 1 teaches the apparatus of claim 13, and further teaches that the lead attachment (203 of Myers) comprises a pulley (106C and paragraph [0042] as relied on Muscat) with a wheel (246C; figs. 10B) of the pulley configured to pass the lead (202) through the pulley by rotation of the wheel, the lead attachment comprising the pulley (paragraphs [0014] and [0042]; see also figs. 6A-6B and 10B).
Regarding claim 18, Myer in view of Muscat and Sohler 1 teaches the apparatus of claim 13, and Myer further teaches that the fasteners comprise hook and loop fasteners (201a, 201b; fig. 2).
Claims 14-15 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Myers in view of Muscat and Sohler 1 as applied to claim 7 above, and further in view of Granger.
Regarding claim 14, Myer in view of Muscat and Sohler 1 teaches the apparatus of claim 13, but does not explicitly teach a connector in cooperation with the first end of the elongate member to allow hinged swivelable movement of the elongate member.
Granger teaches a leash apparatus (figs. 1-12C) including a connector (132; paragraph [0056] and fig. 2B) in cooperation with a first end of an elongate member (106, 112; fig. 2B) to allow hinged swivelable movement of the elongate member (paragraph [0056]).
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 apparatus of Myer in view of Muscat and Sohler 1 to include a connector in cooperation with the first end of the elongate member to allow hinged swivelable movement of the elongate member, in order to allow a user to set an angle at which the elongate member is situated at rest based on the user’s preferences (paragraph [0084]).
Regarding claim 151, the combined teachings of Myer in view of Muscat, Sohler 1, and Granger teaches the apparatus of claim 14, and further teaches a spring (20 of Sohler 1) in cooperation with the connector (132 as relied on Granger) and the elongate member to position the elongate member between the extended position and the tensioned position (fig. 1 and paragraph [0025] of Sohler 1 and paragraphs [0056] and [0084] as relied on Granger).
Regarding claim 192, the combined teachings of Myer in view of Muscat, Sohler 1, and Granger teaches the apparatus of claim 13, and further teaches a spring (20 of Sohler 1) in cooperation with the connector (132 as relied on Granger) and the elongate member to position the elongate member between the extended position and the tensioned position (fig. 1 and paragraph [0025] of Sohler 1 and paragraphs [0056] and [0084] as relied on Granger).
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643
1 For purposes of examination, claim 15 is understood to depend on claim 14.
2 For purposes of examination, claim 19 is understood to depend on claim 14