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
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Sebo (US 9655344 B1) in view of Tente (DE 202013001091 U1), Gilmore (US 20230200354 A1 ), Stouder et al. (US D911631 S), and Lady (US 20100251972 A1).
For claim 1, Sebo teaches a method of walking and training a dog, the method comprising:
-putting a harness on a dog, the harness including:
a handle body (15,17) comprising a top handle (area where ref. 15 is located) that defines a curved U- shaped body that extends downward to a pair of arms (side sections coming off from the top handle where ref. 19 is pointing at in fig. 1) that engage the body of the dog and extend laterally on opposing sides of the torso of the dog, the handle body being a soft, flexible and yet semi-rigid body,
a front strap assembly (2) coupled to the handle body by the front strap assembly being coupled at respective distal ends of the arms, the front strap assembly including a front strap (where ref. 2 is pointing at) and a leash-coupler (10) disposed centrally at the front strap assembly, the front strap assembly extending around the chest of the dog with the leash-coupler disposed centrally at the chest of the dog, and
a torso strap assembly (18,5,14) coupled to the handle body, the torso strap assembly encircling the torso of the dog behind the neck and the front legs of the dog and comprising a torso strap (18), the torso strap assembly further comprising a lower portion (5) and a top portion (18), with the lower portion of the torso strap configured to be coupled and decoupled via a clip (14), the arms extending laterally on opposing sides of the torso of the dog and defining respective front faces having respective planes that are generally parallel to each other and perpendicular to a peak tangent of the top handle (see figs. 1-2, self-explanatory);
-coupling the lower portion of the torso strap about the belly of the dog behind the front legs of the dog by coupling the clip together (figs. 1-2, self-explanatory);
-adjusting the fit of the harness on the dog via a plurality of adjustment hardware elements (3,13,6,16,20,9,8,24, etc.) of the front strap assembly and via at least one adjustment hardware element of the lower portion of the torso strap;
-clipping the carabiner to the leash-coupler disposed at the center of the chest of the dog to couple the leash to the harness (fig. 1, where ref. 27 is clipped to ref. 10).
However, Sebo is silent about the torso strap defines a pair of coupling loops respectively on the arms of the handle body, which are defined by lengths of the torso strap coupled to external faces of the arms via top and bottom loop couplings, the coupling loops and respective external faces of the arms defining a respective loop passage configured to slidably hold a leash; the torso strap assembly further comprising the lower portion of the torso strap assembly extending below the coupling loops; the top portion of the torso strap assembly extending above the coupling loops; wherein the handle body is disposed on opposing sides of the torso of the dog such that the top handle remains spaced apart from the back of the dog creating a cavity between the top handle and the back of the dog such that the top handle is graspable by a user; wherein the top portion of the torso strap assembly rests on the back of the dog and has a fixed length that allows the top handle to remain spaced apart from the back of the dog and creating the cavity between the top handle and the back of the dog having a distance between the back of the dog and the top handle of between 2.0 and 4.0 inches; passing a leash through one of the respective loop passages toward the chest of the dog, including by passing a carabiner disposed at a terminal end of a leash strap of the leash through the one of the respective loop passages so that the leash strap extends through the one of the respective loop passages; clipping the carabiner to the leash-coupler disposed at the center of the chest of the dog to couple the leash to the harness, with the leash strap of the leash being slidably disposed within the one of the respective loop passages and the leash being static and non-elastic; walking parallel and adjacent to the dog on the same side as the one of the respective loop passages through which the leash strap of the leash is slidably disposed, wherein where the dog moves away or otherwise pulls on the leash, the slidable coupling between the leash strap through the one of the respective loop passages causes slack in the leash strap between the coupling loop and the leash-coupler to be pulled taught, with the coupling loop then acting as a point of resistance, and where additional pulling by the dog then generates lateral resistance from the engagement between the coupling loop and leash strap and also generates a lateral or rotational force at the chest of the dog based on the coupling between the leash and the leash- coupler via the carabiner, wherein the lateral resistance from the engagement between the coupling loop and leash strap and the lateral or rotational force at the chest of the dog is used to train the dog.
Tente teaches in the same field of endeavor of a method of walking and training a dog comprising a torso strap (5,9 in fig. 6, ) defines a pair of coupling loops (1) having top and bottom loop couplings (the sewn or stitches that create the loops), the coupling loops defining a respective loop passage configured to slidably hold a leash (as stated in the translation and shown in the drawings, the loops are configured to hold a leash, a strap, etc.). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include coupling loops with top and bottom loop couplings as taught by Tente on the torso strap of Sebo in order to allow a leash to be slidably held therein so that the leash can be less obstruction to the pet and the owner by having the leash held in the loops.
The combination of Sebo as modified by Tente is silent about the pair of coupling loops respectively on the arms of the handle body.
Gilmore teaches in the same field of endeavor of a method of walking and training a dog comprising a pair of coupling loops (74) respectively on the arms of the handle body (the arms are area on the harness where loops 74 are mounted as shown in fig. 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the pair of coupling loops of Sebo as modified by Tente be respectively on the arms as taught by Gilmore of the handle body of Sebo as modified by Tente, depending on the user’s preference for the best location of the loops so as to be “out of the way” from obstruction, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
The combination of Sebo as modified by Tente and Gilmore would result in the torso strap defines the pair of coupling loops (as relied on with Tente) respectively on the arms of the handle body (as relied on with Gilmore), which are defined by lengths of the torso strap coupled to external faces of the arms via top and bottom loop couplings (as relied on with Tente), the coupling loops and respective external faces of the arms defining a respective loop passage configured to slidably hold a leash (both Tente and Gilmore teaches the loop passages for holding a leash). In addition to the above, the combination of Sebo as modified by Tente and Gilmore would result in the lower portion of the torso strap assembly (of Sebo) extending below the coupling loops (as modified with Tente and Gilmore’s location of the loops); and the top portion of the torso strap assembly (of Sebo) extending above the coupling loops (as modified with Tente and Gilmore’s location of the loops).
Stouder et al. teach in the same field of endeavor of a method of walking and training a dog comprising a handle body (see the examiner’s illustration below) is disposed on opposing sides of the torso of the dog such that a top handle remains spaced apart from the back of the dog creating a cavity between the top handle and the back of the dog such that the top handle is graspable by a user; wherein the top portion of the torso strap assembly rests on the back of the dog and has a fixed length that allows the top handle to remain spaced apart from the back of the dog and creating the cavity between the top handle and the back of the dog having a distance between the back of the dog and the top handle. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a top handle that creates a cavity between the top handle and the back of the dog such that the top handle is graspable by a user as taught by Stouder et al. in the method of Sebo as modified by Tente and Gilmore in order to provide an area for the user to grasp the harness and the pet to control the pet.
The combination of Sebo as modified by Tente, Gilmore, and Stouder et al. is silent about a distance between the back of the dog and the top handle of between 2.0 and 4.0 inches. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the distance of the top handle in the method of Sebo as modified by Tente, Gilmore, and Stouder et al. be between 2.0 and 4.0 inches, depending on the dimension of the user’s hand so as to provide enough distance for grasping.
The combination of Sebo as modified by Tente, Gilmore, and Stouder et al. would result in performing the step of passing a leash through one of the respective loop passages toward the chest of the dog (Sebo teaches attaching a leash with a carabiner 27 in the front strap of the chest as shown in fig. 1, as combined with Tente and Gilmore, the leash of Sebo will be passing through the loop passages as taught by Tente and Gilmore’s location of the loop passages, toward the chest of the dog. In addition, the combination of Sebo as modified by Tente, Gilmore, and Stouder et al. would result in performing the step of including by passing a carabiner (ref. 27 of Sebo) disposed at a terminal end of a leash strap of the leash through the one of the respective loop passages (as relied on with Tente and with the location of Gilmore) so that the leash strap extends through the one of the respective loop passages; clipping the carabiner to the leash-coupler disposed at the center of the chest of the dog to couple the leash to the harness (as taught in Sebo), with the leash strap of the leash being slidably disposed within the one of the respective loop passages (as relied on with Tente and with the location of Gilmore) and the leash being static and non-elastic (the leash is maintained in the loop passages so it will be static and non-elastic).
The examiner believes that the combination of Sebo as modified by Tente, Gilmore, and Stouder et al. teaches the step of walking parallel and adjacent to the dog on the same side as the one of the respective loop passages through which the leash strap of the leash is slidably disposed because, in this position of the leash held in the loop passages which are located on the side of the dog, it is implied that the owner would have to walk parallel and adjacent to the dog. However, in the event that applicant disagrees with the examiner’s interpretation, Lady teaches in the same field of endeavor of a method of walking and training a dog comprising walking parallel and adjacent to the dog. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the step of walking parallel and adjacent to the dog as taught by Lady in the method of Sebo as modified by Tente, Gilmore, and Stouder et al., for this is a notoriously well-known position for the user or owner to walk in order to train the dog or be in sync with walking the dog.
The combination of Sebo as modified by Tente, Gilmore, Stouder et al., and Lady would result in walking parallel and adjacent to the dog (as relied on Lady) on the same side as the one of the respective loop passages (as relied on with Tente and with the location of Gilmore) through which the leash strap of the leash is slidably disposed, wherein where the dog moves away or otherwise pulls on the leash, the slidable coupling between the leash strap through the one of the respective loop passages causes slack in the leash strap between the coupling loop and the leash-coupler to be pulled taught (functional recitation depending on the dog’s behavior, which if the dog does this, then the leash strap of the leash in Sebo as modified by Tente, Gilmore, Stouder et al., and Lady can slack or the leash-coupler be pulled taught), with the coupling loop then acting as a point of resistance, and where additional pulling by the dog then generates lateral resistance from the engagement between the coupling loop and leash strap and also generates a lateral or rotational force at the chest of the dog based on the coupling between the leash and the leash-coupler via the carabiner (functional recitation depending on the dog’s behavior, which if the dog does this, then the coupling loop and leash strap of Sebo as modified by Tente, Gilmore, Stouder et al., and Lady also generates a lateral or rotational force at the chest of the dog based on the coupling between the leash and the leash-coupler via the carabiner), wherein the lateral resistance from the engagement between the coupling loop and leash strap and the lateral or rotational force at the chest of the dog is used to train the dog.
For claim 2, Sebo as modified by Tente, Gilmore, Stouder et al., and Lady teaches the method of walking and training a dog of claim 1, and further teaches wherein the leash-coupler includes a D-ring sewn into the front of the front strap assembly (fig. 4 of Sebo).
For claim 3, Sebo as modified by Tente, Gilmore, Stouder et al., and Lady teaches the method of walking and training a dog of claim 1, and further teaches wherein adjustment hardware elements are absent from the top portion of the torso strap (there are no adjustment hardware elements in the top portion of the torso strap 18 in Sebo) and absent from the handle body (there are no adjustment hardware elements in the handle body as shown in fig. 2 of Sebo) such that the top portion of the torso strap the handle body are of a fixed size and length.
For claim 4, Sebo as modified by Tente, Gilmore, Stouder et al., and Lady teaches the method of walking and training a dog of claim 1, and further teaches wherein the length of the respective coupling loops defined by the torso strap are of a greater than the distance between the top and bottom loop couplings, which causes the portions of the torso strap that define the respective coupling loops to bulge outward based on rigidity of the arms of the handle body keeping the arms planar, with such bulging of the coupling loops defining the respective loop passages having a D-shape that allows the leash to be easily passed through the loop passages and to provide minimal resistance to the leash strap of the leash sliding through the loop passages (the loops as relied on with Tente are made big enough so that a leash or other straps can be slid through, thus, the claimed limitation would be meet in the combination of Sebo as modified by Tente, Gilmore, Stouder et al., and Lady).
Claims 5-6,10-17 are rejected under 35 U.S.C. 103 as being unpatentable over Sebo (US 9655344 B1) in view of Tente (DE 202013001091 U1), Gilmore (US 20230200354 A1), and Lady (US 20100251972 A1).
For claims 5,6,10-17, the limitations have been explained in the above, thus, please see above. Not explained are the limitations of: coupling the coupling element with the leash-coupler disposed at the center of the chest of the dog to couple the leash to the harness, with the leash strap of the leash being slidably disposed within the one of the respective loop passages and the leash being static and nonelastic. As stated in the above rejection, the step of clipping is similar to this step of coupling, which states: clipping the carabiner to the leash-coupler disposed at the center of the chest of the dog to couple the leash to the harness (as taught in Sebo), with the leash strap of the leash being slidably disposed within the one of the respective loop passages (as relied on with Tente and with the location of Gilmore) and the leash being static and non-elastic (the leash is maintained in the loop passages so it will be static and non-elastic).
For claim 7, Sebo as modified by Tente, Gilmore, and Lady teaches the method of walking and training a dog of claim 5, and further teaches wherein the arms extend laterally on opposing sides of the torso of the dog and define respective front faces having respective planes that are generally parallel to each other and perpendicular to a peak tangent of the top handle (as shown in fig. 2 of Sebo).
Claims 8-9,18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Sebo as modified by Tente, Gilmore, and Lady as applied to claim 5 above, and further in view of Stouder et al. (US D911631 S).
For claims 8-9,18-19, the limitations have been explained in the above, thus, please see above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure of a method of walking and training a dog:
US 20210059216 A1 teaches an adaptive harness wherein the leash is in parallel and adjacent position to the dog,
US 7891322 B2 teaches Dog harness wherein the leash can be attached to the front strap and extending to the side,
FR 3045275 A1 teaches domestic animal harness, together with such harness and leash wherein the leash is attached to the side through loop passages,
DE 202011050582 U1 teaches a harness having a handle body with arms, front strap assembly, and torso strap.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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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/Son T Nguyen/ Primary Examiner, Art Unit 3643
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