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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dorfman (US Patent Publication 2013/0213315) in view of Ip (US Patent Publication 2006/0060155).
Dorfman teaches a portable pet grooming aid device and pet carrier which is structurally similar to the Applicant’s grooming apparatus. The device includes a netting or flexible fabric formed in a pouch, see para 0017, line 21 having an inner surface, an outer surface, a first opening (unnumbered, see figure 1) and a second opening (unnumbered, see figure 1), a head hole see figures 6 and 8, a first adjustment chord (unnumbered, see figure 1) at least partially between the inner surface of the head hole and the outer surface of the head hold. A second adjustment chord (unnumbered, see figure 1) installed at least partially between the inner surface of the netting and the outer surface of the netting proximate to the second opening. However, Dorfman does not teach the use of a first toggle stopper and a second toggle stopper. Ip teaches an animal restraint for vets/pet owners including a fabric or netting restraint that includes first and second toggle stoppers 38 and 46.
Regarding claim 1, it would have been obvious to a person of ordinary skill in the art at the time the application was filed to modify the cord with conventional tie knots of Dorfman with first and second toggle stoppers about respective openings of Dorfman, in view of the teachings of Ip, in order to securely restrict the opening of the netting.
Regarding claim 2, Dorfman teaches a grooming arm or belt strap (unnumbered, see figure 6)is configured to securely position the animal during grooming and a second horizontal support (unnumbered, see figure 6) which is positioned horizontally during grooming.
Regarding claim 3, the flexible fabric of Dorfman is considered to be a netting material.
In regards to claim 4, Dorfman teaches a conventional seat belt apparatus which is adjustable both vertically and horizontally.
Regarding claims 5 and 6, the reference to Dorfman in para 0017 teaches elastic ties.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RICHARD T. PRICE JR whose telephone number is (571)272-6892. The examiner can normally be reached Monday-Friday 7AM-3:30PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M. 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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/RICHARD T PRICE JR/Primary Examiner, Art Unit 3643