DETAILED ACTION
This is the initial Office action for non-provisional application 19/395,445 filed November 20, 2025, which claims priority from provisional application 63/725,711 filed November 27, 2024. Claims 1-20, as originally filed, are currently pending.
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 . 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.
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.
Claims 1, 4-6, 10, 11, 13-16, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goldstein (US 4,385,592).
Regarding claim 1, Goldstein discloses an apparatus (cervical neck brace 2) for providing spinal support and restraint to an animal, the apparatus (2) comprising an elongated rigid member (flat metal straps 40, 41, 42) capable of corresponding to a spinal region of the animal, first and second wings (side portions of body blanket 4) extending from opposite sides of the elongated rigid member (40, 41, 42), the first and second wings (4) rotatably connected to the elongated rigid member (40, 41, 42) (body blanket 4 is laterally flexible and rotate around the animal), and a first locking system (fasteners 56, 61 + belts 31, 52) associated with the first wing and a second locking system (fasteners 55, 62 + belts 30, 52) associated with the second wing, the first and second locking systems (56+61+31+52, 55+62+30+52) configured to hold the first and second wings (4) in a closed manner at least partially surrounding the animal (Figs. 1-2; column 1, lines 32-37; column 2, lines 19-43).
Regarding claim 4, Goldstein discloses a handle (loop 50) positioned on the elongated rigid member (40, 41, 42) (Figs. 1-2; column 2, lines 48-49).
Regarding claim 5, Goldstein discloses that the elongated rigid member (40, 41, 42) comprises multiple sections (flat metal straps 40, 41, 42) spaced from one another (Fig. 2; column 2, lines 37-43).
Regarding claim 6, Goldstein discloses first and second front shoulder supports (flat metal structures 48, 49 on neck restraint sling 8) extending from opposite sides of the elongated rigid member (40, 41, 42) (via body blanket 4, checkrein straps 10, 12, shoulder strap 24, and integral connection 25) and configured to be positioned between a head and front legs of the animal (Figs. 1-2; column 1, lines 44-66; column 2, lines 43-47).
Regarding claim 10, Goldstein discloses that the first and second wings (4) are contoured in shape to the animal (body blanket 4 is laterally flexible to cover side portions of the animal) (Fig. 1; column 1, lines 32-37).
Regarding claim 11, Goldstein discloses an animal spinal support (cervical neck brace 2) comprising an elongated rigid member (flat metal straps 40, 41, 42), a first wing (first side portion of body blanket 4) extending laterally from the elongated rigid member (40, 41, 42) and movable relative to the elongated rigid member (40, 41, 42) (body blanket 4 is laterally flexible), and a second wing (second side portion of body blanket 4) extending laterally from an opposite side of the elongated rigid member (40, 41, 42) and movable relative to the elongated rigid member (40, 41, 42) (body blanket 4 is laterally flexible), wherein the first and second wings (4) extend from opposite sides of a central portion of the elongated rigid member (40, 41, 42), and wherein the first and second wings (4) each include a locking member (fasteners 56, 61 + belts 31, 52 / fasteners 55, 62 + belts 30, 52) to lock the wings (4) in place relative to the elongated rigid member (40, 41, 42) (Figs. 1-2; column 1, lines 32-37; column 2, lines 19-43).
Regarding claim 13, Goldstein discloses a handle (loop 50) positioned on the elongated rigid member (40, 41, 42) (Figs. 1-2; column 2, lines 48-49).
Regarding claim 14, Goldstein discloses the invention substantially as claimed, as described above, and further discloses first and second front shoulder supports (flat metal structures 48, 49 on neck restraint sling 8) extending from opposite sides of the elongated rigid member (40, 41, 42) at or near a front portion of the elongated rigid member (40, 41, 42) (via body blanket 4, checkrein straps 10, 12, shoulder strap 24, and integral connection 25) (Figs. 1-2; column 1, lines 44-66; column 2, lines 43-47).
Regarding claim 15, Goldstein discloses that the first and second front shoulder supports (48, 49) are movable relative to the elongated rigid member (40, 41, 42) (via flexibility between body blanket 4 and sling 8) (Figs. 1-2).
Regarding claim 16, Goldstein discloses that the first and second front shoulder supports (48, 49) comprise locking members (checkrein straps 10, 12 + fasteners 14, 16, 18, 20 + shoulder strap 24 + fastener 27) to selectively lock the first and second shoulder supports (48, 49) in place (Figs. 1-2; column 1, lines 44-66; column 2, lines 43-47).
Regarding claim 19, Goldstein discloses an animal support (cervical neck brace 2) comprising an elongated rigid member (flat metal straps 40, 41, 42), first and second wings (side portions of body blanket 4) extending from opposite sides of the elongated rigid member (40, 41, 42), the first and second wings (4) movably connected to the elongated rigid member (40, 41, 42) (body blanket 4 is laterally flexible and movable around the animal), a first locking system (fasteners 56, 61 + belts 31, 52) associated with the first wing and a second locking system (fasteners 55, 62 + belts 30, 52) associated with the second wing, the first and second locking systems (56+61+31+52, 55+62+30+52) configured to hold the first and second wings (4) in a selected configuration relative to the elongated rigid member (40, 41, 42), and first and second front shoulder supports (flat metal structures 48, 49 on neck restraint sling 8) extending from opposite sides of the elongated rigid member (40, 41, 42) at a forward location of the first and second wings (4) (via checkrein straps 10, 12, shoulder strap 24, and integral connection 25) (Figs. 1-2; column 1, lines 32-37 & 44-66; column 2, lines 19-47).
Regarding claim 20, Goldstein discloses that the first and second front shoulder supports (48, 49) comprise locking members (checkrein straps 10, 12 + fasteners 14, 16, 18, 20 + shoulder strap 24 + fastener 27) to selectively lock the first and second shoulder supports (48, 49) in place (Figs. 1-2; column 1, lines 44-66; column 2, lines 43-47).
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.
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Goldstein as applied to claims 1 and 11 above, in view of Mills (US 10,881,082).
Goldstein discloses the invention substantially as claimed, as described above, but fails to teach padding at the elongated rigid member and/or first and second wings.
Milles discloses an animal spinal support (animal back support apparatus 10) comprising an elongated rigid member (a mid-body support portion 30e having support stays 42), first and second wings extending from opposite sides of the elongated rigid member (first and second back supports sides 30c, 30d), and padding (elongated pads 49) at the elongated rigid member (30e) and/or first and second wings (30c, 30d) (Figs. 1-2 & 4-6B; column 4, lines 60-65; column 6, lines 30-37; column 7, lines 39-56).
Therefore, it would have been obvious to one having ordinary skill in the art, before the effective filing date of the invention, to modify the animal spinal support taught by Goldstein to include padding at the elongated rigid member and/or first and second wings as taught by Mills for the purpose of providing cushioning along the animal back for more comfortable support.
Allowable Subject Matter
Claims 2, 3, 7, 8, 12, and 17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 2 and 12 are allowable because the prior art fails to tach that the first and second locking systems comprise a loaded hinge mechanism in combination with the limitations recited in claims 1 and 11, respectively.
Claim 3 is allowable based on its dependence from allowable claim 2.
Claim 7 is allowable because the prior art fails to teach that the first and second locking systems are spring loaded in combination with the limitations recited in claim 1.
Claims 8 and 17 are allowable because the prior art fails to teach that the first and second locking systems comprise adjustable torque hinges in combination with the limitations recited in claims 1 and 11, respectively.
Conclusion
The following prior art made of record and not relied upon is considered pertinent to Applicant’s disclosure: Blizzard (US 9,474,251), Taylor et al. (US 10,792,179), Flores, Jr. (US 2015/0020754), Besancon (US 8,932,244), Brannon et al. (US 8,617,091) Goudal (US 6,976,453), Slater (US 6,123,049), and Colquist (US 4,489,676).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Keri J. Nelson whose telephone number is 571-270-3821. The examiner can normally be reached Monday - Friday, 9am - 4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rachael E. Bredefeld, can be reached at 571-270-5237. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KERI J NELSON/Primary Examiner, Art Unit 3786 6/22/2026
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