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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Spain on 05/08/2023. It is noted, however, that applicant has not filed a certified copy of the ES U202330792 application as required by 37 CFR 1.55.
Claim Objections
Claims 1-4 are objected to because of the following informalities: the claims do not appear to conform to standard US practice. Therefore, the examiner recommends changing the “characterized in that” language, to –comprising:-- and –further comprising:-- accordingly. Appropriate correction is required.
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.
Claim 1 (as well as dependent claims 2-4 due to dependency) is 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 recites the limitation "the casing of the lead". There is insufficient antecedent basis for this limitation in the claim.
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/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cox; James Clint et al. (US 9089124 B1).
Regarding claim 1 Cox discloses a case for a pet lead (Fig. 3); (the casing could be used for a pet lead), characterized in that it is formed by a main body (100) including a housing (104) into which the casing (130, 132) of the lead (108) is inserted, the main body further comprising an opening (120) through which the lead exits to the outside (Col. 3, lines 24-30), and means (6) for fastening to the user's belt or clothing (Col. 3, lines 7-15).
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Layman; Jeremy (US 7073462 B1).
Regarding claim 1 Layman discloses a case for a pet lead (Fig. 1); (abstract), characterized in that it is formed by a main body (11) including a housing (Col. 3, lines 9-23) into which the casing (corresponding to casing of retractable dog leash) of the lead (Fig. 2; 26); (Col 3, lines 27-28) is inserted, the main body further comprising an opening (24) through which the lead exits to the outside, and means (20, 22) for fastening to the user's belt or clothing.
Regarding claim 3 Layman, as shown above, discloses all of the limitations of claim 1. Layman further discloses the fastening means is a loop (20) located on the outer face (19) of the main body (Col. 3, lines 18-20).
Regarding claim 4 Layman, as shown above, discloses all of the limitations of claim 1. Layman further discloses the housing includes a closure means (Fig. 3; 46) at its opening (38).
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Layman; Jeremy (US 7073462 B1).
Regarding claim 2 Layman, as shown above, discloses all of the limitations of claim 1. Layman further discloses fabric (Col. 3, lines 46-48), but does not explicitly disclose the main body is made of textile material.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the main body to be made of textile material, in order to match the match the material with the zipper flap for ease of construction, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 9119380 B1; housing for a leash
US 11097144 B2; retractable leash casing
US 5447227 A; belt loop affixed bag for dogs
US 6314917 B1; retractable leash pack
US 8002115 B2; dispensing bag
US 20110011504 A1; leash bag
US 20150075448 A1; hands free dog walking bag
US 20190124891 A1; hands free leash accessory bag
US 9930868 B2; leash bag
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY LOWERY whose telephone number is (571)270-3228. The examiner can normally be reached M-F 7 am-4 pm PST.
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, Timothy Collins can be reached at 571-272-6886. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644
