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 .
Application Status
Claims 1-4 are pending and have been examined in this application.
This communication is the first action on the merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
As of the date of this action, no information disclosure statement has been filed on behalf of this case.
Claim Rejections - 35 USC § 102
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 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(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by (US D591911 S) to Drew.
In regards to claim 1, Drew anticipates a pet bed, comprising: a bed body (Drew; annotated D1, D2, D3); and a supporting assembly (Drew; annotated D4, D5), wherein the supporting assembly is connected to the bed body, and the supporting assembly is located at a position other than an upper end of the bed body and a lower end of the bed body (Drew; see FIG 2 annotated below where D4, D5 is at a position that’s neither at the lower end nor the upper end of D1, D2, D3).
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In regards to claim 2, Drew anticipates the pet bed according to claim 1, wherein the bed body comprises: two supporting members (Drew; D1, D2), wherein the two supporting members are arranged symmetrically (Drew; see annotated FIG 2 above); and a first connection member (Drew; D3), wherein two ends of the first connection member are respectively connected to the two supporting members (Drew; see annotated D3 which is connected to two ends of D1, D2).
In regards to claim 3, Drew anticipates the pet bed according to claim 2, wherein the supporting assembly comprises: two second connection members (Drew; D4), wherein two ends of each of the two second connection members are respectively connected to the two supporting members (Drew; two ends of D4 connected to each of D1, D2), and the two second connection members are located below the first connection member (Drew; see annotated FIG 2 where D4 is below D3); and two third connection members (Drew; D5), wherein two ends of each of the two third connection members are respectively connected to the two second connection members (Drew; see where ends of D5 are directly connected to ends of D4).
In regards to claim 4, Drew anticipates the pet bed according to claim 2, wherein the supporting assembly comprises: two second connection members (Drew; D4), wherein two ends of each of the two second connection members are respectively connected to the two supporting members (Drew; two ends of D4 connected to each of D1, D2), and the two second connection members are located below the first connection member (Drew; see annotated FIG 2 where D4 is below D3).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20120318206 A1 to Van Leeuwen, US 20060042548 A1 to Tharalson, US 6338314 B1 to Widrich, US 5566407 A to Lien, US 3006319 A to McCrory, all teach frames for bed structures which have the claimed supporting assembly and bed body including the supporting members and connection members, and would have been a 102 for claims 1-4.
US D1009381 S to Xu similarly teaches frames for a bed structure which would have been a 102 for claims 1-2, 4.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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, KIMBERLY BERONA can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647
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