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 § 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)(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) 1-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kelly et al (US Patent 10,426,140).
Kelly et al teach a data acquiring and reporting animal collar which is structurally similar to the Applicant’s system for providing correction to an animal upon approaching a predetermined boundary.
Regarding claims 1, 12,13, and 14, Kelly et al teach a collar, para 19, a geolocation sensor or gps, para 24 and 51, configured to output location data corresponding to a location of the collar, and one or more virtual boundaries para 101 configured by the user, input to a user device and transmitted from the user device to the collar.
Regarding claim 2, one or more geofenced areas correspond to at least a first geographic area and a second geographic area where it is permissible for the collar to be located. See figures 1 and 2, and related discussion in the specification.
Regarding claims 3 and 18-20, one or more virtual boundaries are recorded by the user on a display, see para 58.
Regarding claim 4, the virtual boundaries are configured by the user physically traveling a desired boundary and recording the location data.
As for claims 5 and 6, and 8-10, upon the collar approaching the one or more virtual boundaries, the gps sensor outputs a notification to the user.
Regarding claim 7, the apparatus of Kelly et al can use an electric shock device.
Regarding claim 11, server 170 acts as a database configured to store data related to one or more geo fenced areas.
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
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