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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the use of the front connector with a seat belt fixing mechanism of claim 4 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the use of the side connectors with the back or headrest of the driver or passenger seat, and the side connectors having length adjusters of claim 12 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-15 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 is rejected for being indefinite due to improper claim scope. Claim 1 is directed to a pet carrier, however also claims elements of a vehicle, such as “the fixing structure being connectable to an anchoring structure at a rear seat of the vehicle.” It is improper to claim elements of the vehicle as the invention is a pet carrier. This should be amended to “the fixing structure is configured to be Claims 3 and 11-12 are likewise rejected for the limitations “is fixed” and “are positionable” which must be amended to “configured to” language. Claims 2-15 are rejected by virtue of their dependency. Clarification and correction are required but no new matter may be added.
Claim 2 is rejected for the limitation “the vehicle device comprises an armrest compartment between the front passenger seat and the driver seat.” This limitation falls outside the scope of the claim as the claimed invention is directed to a pet carrier. Clarification and correction are required but no new matter may be added. Claims 3-8 are rejected by virtue of their dependency.
Claim 4 is rejected for the limitations “the limiting structure is the armrest compartment or a glove compartment, and the front connector is stuck inside the compartment by placing the front connector in the armrest compartment or the glove compartment and closing a compartment cover thereof,” “the limiting structure is an armrest compartment with an openable and closable armrest compartment cover or a glove compartment with an openable and closable glove compartment cover, and the front connector is stuck inside the compartment by placing the front connector in the armrest compartment or the glove compartment and closing the armrest compartment cover or the glove compartment cover,” and “the limiting structure is a passenger seat belt fixing mechanism and/or a driver seat belt fixing mechanism, and the one or more loops are fitted over the front passenger seat belt fixing mechanism and/or the driver seat belt fixing mechanism for fixation.” Firstly, it is beyond the scope of the claimed invention to claim portions of the vehicle such as the armrest or glove compartment, or the seat belt fixing mechanisms. Additionally, the phrases “connector is stuck” and “the loops are fitted” should be amended to “the connector is configured to be stuck” and “the loops are configured to fit” respectively. Clarification and correction are required but no new matter may be added.
Claim 5 is rejected for lack of clarity in regards to the limitation “wherein the rear connector is connectable to the anchoring structure on the rear seat.” As discussed above, the anchor structure and rear seat are outside the scope of the pet carrier, and therefore this must be changed to ““wherein the rear connector is configured to be connectable to the anchoring structure on the rear seat.” Clarification and correction are required but no new matter may be added.
Claim 6 is rejected for lack of clarity in regards to the alternative limitation. The beginning of claim 6 states “wherein at least one of the rear fixing strap is provided with a length adjuster to adjust a length of the rear fixing strap; the rear fixing strap comprises a first fixing strap and a second fixing strap.” However, the rest of claim 6 recites specifics regarding the first and second fixing straps and therefore it is unclear how the first limitation can be in alternative form if the first and second fixing strap are required by the rest of the claim. Clarification and correction are required but no new matter may be added.
Claim 8 is rejected for the limitation “wherein the rear connector is a LATCH hook, which is anchored and coupled to an ISOFIX interface on the rear seat.” The ISOFIX interface is an element of the vehicle and therefore outside of the scope of the claim. This should be amended to “wherein the rear connector is a LATCH hook, which is configured to be anchored and coupled to an ISOFIX interface on the rear seat.”
Claim 12 is rejected for lack of clarity in regards to the limitation “wherein the side connector is a webbing retainer capable of being adjusted and tightened; the side fixing strap is provided with an adjuster to adjust a size of the webbing retainer.” Claim 10 already recites an adjuster on the side fixing strap. It is unclear if this is a separate or different adjuster. There are no further details in the specification regarding the webbing retainer or its adjuster. Clarification and correction are required but no new matter may be added.
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.
Claim(s) 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Klinker (US 8607735 B1, as cited by Applicant in IDS dated 02/10/2026).
Regarding claim 1, Klinker discloses a pet carrier (101), mountable on a vehicle device (140) between a front passenger seat and a driver seat of a vehicle (left and right seats 142, see fig 1), wherein the pet carrier (101) comprises:
a fixing structure (straps 106, 113) associable with a corresponding fixing facility inside the vehicle, to fix the pet carrier on the vehicle device at a position between the front passenger seat and the driver seat (see figs 1 and 3-4), the fixing structure being connectable to an anchoring structure at a rear seat of the vehicle (strap 113 has length adjustment and could connect to a rear seat connection, see figs 1 and 3-4).
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.
Claim(s) 2-5, 7, 9-10 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Klinker (US 8607735 B1) as applied to claim 1 above, and further in view of Hobson (US-6237999-B1).
Regarding claim 2, Klinker discloses the pet carrier according to claim 1, where the fixing structure includes at least one of a rear fixing structure (113 with 114, see fig 1) on a longitudinal rear side of the pet carrier, and a side fixing structure on a transverse side of the pet carrier (side straps 106 and 116, see fig 1, 3-4 and 7), the vehicle device comprises an armrest compartment (140) between the front passenger seat and the driver seat (see figs 1 and 4).
Klinker fails to disclose wherein the fixing structure comprises a front fixing structure on a longitudinal front side of the pet carrier.
Hobson teaches wherein the fixing structure comprises a front fixing structure (front securing strap 22 with connector 25, see figs 1-5) on a longitudinal front side of the pet carrier.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the pet carrier of Klinker with the front fixing strap of Hobson with a reasonable expectation of success as this will increase the stability and security of the attachment system.
Regarding claim 3, the modified reference teaches the pet carrier according to claim 2, and Hobson further teaches wherein the front fixing structure (22) comprises a front fixing strap (strap 22, see fig 1) extending out from the longitudinal front side of the pet carrier and a front connector (25) provided on the front fixing strap, wherein the front connector is fixed to a limiting structure located in a front of the vehicle (25 secures the pet carrier to the seat, see figs 1-5).
Regarding claim 4, the modified reference teaches the pet carrier according to claim 3, and Klinker further discloses the limiting structure is an armrest compartment with an openable and closable armrest compartment cover or a glove compartment with an openable and closable glove compartment cover (armrest 140, see figs 1, 4 and 7).
Hobson further teaches wherein the front connector is a ladder lock buckle capable of adjusting a length of the front fixing strap, the limiting structure is the armrest compartment or a glove compartment, and the front connector is stuck inside the compartment by placing the front connector in the armrest compartment or the glove compartment and closing a compartment cover thereof; or
the front fixing strap (22) is provided with a length adjuster (26) configured to adjust a length of the front fixing strap, the front connector is a fastener (25) provided at a distal end of the front fixing strap, (see figs 1-5), and the front connector is stuck inside the compartment by placing the front connector in the armrest compartment or the glove compartment and closing the armrest compartment cover or the glove compartment cover (the armrest of Klinker as modified with the front strap of Hobson teaches this limitation, see also 112(b) above); or
the front connector is configured as one or more loops, and the limiting structure is at least one of a passenger seat belt fixing mechanism and/or a driver seat belt fixing mechanism, and the one or more loops are positionable over at least one of the front passenger seat belt fixing mechanism and/or the driver seat belt fixing mechanism for fixation.
The modified reference teaches the claimed invention except where the fastener is a snap fastener. It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the fastener to be a snap fastener with a reasonable expectation of success as this will allow for a secure yet ease to use configuration and since the equivalence of fasteners and snaps for their use in the connector art and the selection of any known equivalents to connect two elements would be within the level of ordinary skill in the art.
Regarding claim 5, the modified reference teaches the pet carrier according to claim 2, and Klinker further discloses wherein the rear fixing structure (113) comprises a rear fixing strap (113, see figs 1-2) extending out from the longitudinal rear side of the pet carrier and a rear connector (114) provided on the rear fixing strap, wherein the rear connector (114) is connectable to an anchoring structure on the rear seat.
Regarding claim 7, the modified reference teaches the pet carrier according to claim 5, and Klinker further discloses wherein the rear fixing strap (113) is provided with a length adjuster (117) to adjust a length of the rear fixing strap, and the rear connector (114) is provided at a distal end of the rear fixing strap (see figs 1-2).
Regarding claim 9, the modified reference teaches the pet carrier according to claim 2, and Klinker further discloses wherein the side fixing structure (see annotated fig 2 below) comprises a side fixing strap extending out from a transverse side of the pet carrier and a side connector provided on the side fixing strap (see annotated fig 2 below), wherein the side connector is able to be fixed at least one of the front passenger seat and the driver seat (see figs 1 and 7).
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Annotated fig 2
Regarding claim 10, the modified reference teaches the pet carrier according to claim 9, and Klinker further discloses wherein the side fixing strap is provided with a length adjuster (117) to adjust a length of the side fixing strap, and the side connector is provided at a distal end of the side fixing strap (see annotated fig 2 above).
Regarding claim 11, the modified reference teaches the pet carrier according to claim 10, and Klinker further discloses wherein the side connector (116) is configured as one or more loops, which are positionable over at least one of the front passenger seat belt fixing mechanism and/or the driver seat belt fixing mechanism for fixation (see annotated fig 2 above, and figs 1 and 7).
Regarding claim 12, the modified reference teaches the pet carrier according to claim 11, and Klinker further discloses wherein the side connector is a webbing retainer capable of being adjusted and tightened (straps are nylon webbing, see col 5, lines 8-13 and figs 1-2); the side fixing strap is provided with an adjuster (117) to adjust a size of the webbing retainer; the webbing retainer is fixed by being fitted and tightened onto at least one of headrest of the front passenger seat and the driver seat, and onto a neck portion between the headrest and a backrest of the front passenger seat or the driver seat (see annotated fig 2 above and figs 1 and 7).
Claim(s) 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Klinker (US 8607735 B1) in view of Hobson (US-6237999-B1) as applied to claim 5 above, and further in view of Templeton (US-12075752-B2).
Regarding claim 6, the modified reference teaches the pet carrier according to claim 5, and Klinker further discloses wherein at least one of the rear fixing strap (113) is provided with a length adjuster (117) to adjust a length of the rear fixing strap (see figs 1-2); the rear fixing strap comprises a first fixing strap (113), the first fixing strap (113) extends out from the longitudinal rear side of the pet carrier (see fig 1), and one of a buckle or a socket is provided at a free end of the first fixing strap (114).
The modified reference fails to teach and/or the rear fixing strap comprises a second fixing strap; one end of the second fixing strap is provided with another of the buckle or the socket for engaging with the first fixing strap, and another end of the second fixing strap is provided with the rear connector.
Templeton teaches and/or the rear fixing strap comprises a first fixing strap (120) and a second fixing strap (24); the first fixing strap (120) extends out from the longitudinal rear side of the pet carrier, and one of a buckle or a socket (connector 132) is provided at a free end of the first fixing strap (see fig 1); one end of the second fixing strap (24) is provided with another of the buckle or the socket (132) for engaging with the first fixing strap (see fig 1) and another end of the second fixing strap is provided with the rear connector (20).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the fixing strap to be two parts as taught by Templeton with a reasonable expectation of success as this will allow for increased size adjustment and an easier user experience.
Regarding claim 8, the modified reference teaches the pet carrier according to claim 5.
The modified reference fails to teach wherein the rear connector is a LATCH hook, which is anchored and coupled to an ISOFIX interface on the rear seat.
Templeton teaches wherein the rear connector is a LATCH hook (see col 5, lines 58-60) which is anchored and coupled to an ISOFIX interface on the rear seat (see 112(b) rejection above).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the system with the latch hook connector as taught by Templeton with a reasonable expectation of success as this will ensure a high safety standard for the connection device, thereby increasing safety of the pet in the carrier.
Claim(s) 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Klinker (US 8607735 B1) as applied to claim 1 above, and further in view of Kain (US-6863345-B2).
Regarding claim 13, the modified reference teaches the pet carrier according to claim 1, and Klinker further discloses wherein the pet carrier comprises a box (101), and the fixing structure is disposed on at least one of the box (see figs 1 and 3-5) and the base.
The modified reference fails to teach wherein the pet carrier comprises a box and a base, the box is fixed on the base, and wherein a periphery of at least one of the box and the base is provided with a storage groove for storing the fixing structure.
Kain teaches wherein the pet carrier comprises a box (11) and a base (10), the box is fixed on at least one of the base (see figs 1 and 4), and the fixing structure (belt 13 and 16) is disposed on the box and/or the base (disposed in base, see figs 1-3); wherein a periphery of at least one of the box and the base is provided with a storage groove (21) for storing the fixing structure (see figs 4 and 7, see col 5, lines 9-57).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the pet carrier with the box and base combination and the storage compartment in the base as taught by Kain with a reasonable expectation of success as this provides a compact storage system for when the device is not in use.
Regarding claim 14, the modified reference teaches the pet carrier according to claim 13, and Kain further teaches wherein a limiting structure (hook 59) is provided in the storage groove (21) to limit a connector of the fixing structure, to store the fixing structure in the storage groove (see figs 4 and 7, see col 5, lines 9-57).
Claim(s) 15 is rejected under 35 U.S.C. 103 as being unpatentable over Klinker (US 8607735 B1) in view of Kain (US-6863345-B2) as applied to claim 13 above, and further in view of Hartelius (US-9609845-B2).
Regarding claim 15, the modified reference teaches the pet carrier according to claim 13.
The modified reference fails to teach wherein the bottom of the base is provided with an anti-slip structure.
Hartelius teaches wherein the bottom of the base is provided with an anti-slip structure (base panel 4 has a bottom layer of non-slip material, see fig 10, see col 4, lines 40-56 and claim 8).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the pet carrier base with the anti-slip material of Hartelius with a reasonable expectation of success as this will provide further security and stability to the pet transport system, therefore increasing safety of the pet during travel.
Response to Arguments
Applicant's arguments filed 05/20/2026 have been fully considered but they are not persuasive.
Applicant argues that the Klinker reference fails to disclose “the fixing structure being connectable to an anchoring structure at a rear seat of the vehicle.” As discussed in the 112(b) rejection above, the anchor structure and rear seat are outside of the scope of the pet carrier and are functional language. Further, the pet carrier attachment of Klinker includes a rearwardly extending strap 113 that is length adjustable and includes a hook 114, that could be used to connect to an anchoring structure on a rear seat.
In response to applicant's argument that the pet carrier of Klinker does not disclose the claimed invention, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Applicant’s arguments over the other cited references merely state that they do not cure the deficiencies of the Klinker reference and are therefore moot as Klinker does disclose the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The art noted in the References Cited document is relevant as it pertains to similar pet transport carriers. Specifically, Wilkes discloses a pet travel apparatus with a rear fixing structure.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE ANNE KLOECKER whose telephone number is (571)272-5103. The examiner can normally be reached M-Th: 8:00 -5:30 MST, F: 8:00 - 12:00 MST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at (571) 270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.A.K./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642
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