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 “plurality of toys” (only one toy is shown), “a plurality of cat grass trays” 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 Objections
Claim 2 is objected to because of the following informalities: claim 2, line 2 change “a plurality of cat grass trays,” to –a plurality of cat grass trays.--. 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.
Claims 6, 13, and 19 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.
The term “small tunnel” in claims 6, 13, and 19 is a relative term which renders the claim indefinite. The term “small” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. The specification does not list the dimensions for a “small” tunnel. Therefore, it is unclear what constitutes a small tunnel. Is the tunnel small in comparison to a cat? Is the tunnel small enough to allow an automobile to drive through?
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, 4, 6-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boelke; Jim et al. (US 20080236511 A1).
Regarding claim 1 Boelke discloses an indoor cat exerciser system (Fig. 2; 10); (abstract), comprising: a plurality of toys (22); [0022], a track (20), and at least one tunnel (Fig. 4; 18); [0024].
Regarding claim 4 Boelke, as shown above, discloses all of the limitations of claim 1. Boelke further discloses a carpet section (device is placed on carpet); [0025].
Regarding claim 6 Boelke, as shown above, discloses all of the limitations of claim 1. Boelke further discloses a small tunnel (Fig. 4; 18); [0024].
Regarding claim 7 Boelke, as shown above, discloses all of the limitations of claim 1. Boelke further discloses a stalking tunnel (Fig. 4; 18); [0024].
Regarding claim 8 Boelke, as shown above, discloses all of the limitations of claim 1. Boelke further discloses wherein a toy of said plurality of toys further comprises an audio mechanism [0029].
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 Boelke; Jim et al. (US 20080236511 A1) in view of Hudson; Bobette Margaret (US 7681524 B1).
Regarding claim 2 Boelke, as shown above, discloses all of the limitations of claim 1. Boelke does not disclose a cat grass tray. Hudson teaches a cat grass tray (Fig. 2; 125); (Col. 5, lines 39-43).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the indoor exerciser of Boelke to include a cat grass tray, as taught by Hudson, in order to provide further animal enrichment.
Boelke in view of Hudson does not disclose a plurality of cat grass trays. However it would have been obvious to one having ordinary skill in the art at the time of filing to have modified the cat grass tray of Boelke in view of Hudson, to include a plurality of cat grass trays in order to increase animal enrichment, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boelke; Jim et al. (US 20080236511 A1) in view of Wandrey; Andrea (US 20260047553 A1).
Regarding claim 3 Boelke, as shown above, discloses all of the limitations of claim 1. Boelke does not disclose a laser. Wandrey teaches a laser [0141]. It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the device of Boelke to include a laser, as taught by Wandrey, in order to provide enhanced animal enrichment [0141].
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boelke; Jim et al. (US 20080236511 A1) in view of Di Angelo; Rio et al. (US 7614363 B2).
Regarding claim 5 Boelke, as shown above, discloses all of the limitations of claim 1. Boelke does not disclose a carpeted shelf. Di Angelo teaches a carpeted shelf (Fig. 32; 120); (Col. 9, lines 8-22).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the indoor cat exerciser system of Boelke to include a carpeted shelf, as taught by Di Angelo, in order to provide a place for the animal to rest (Col. 9, lines 17-18).
Claim(s) 9-11, 13-17, and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boelke; Jim et al. (US 20080236511 A1) in view of Hudson; Bobette Margaret (US 7681524 B1), in view of Wandrey; Andrea (US 20260047553 A1).
Regarding claims 9-10 and 16 Boelke discloses an indoor cat exerciser system (Fig. 2; 10), comprising: a plurality of toys (22); [0022], an audio mechanism [0022]; a track (20), at least one tunnel (18).
Boelke does not disclose a cat grass tray. Hudson teaches a cat grass tray (Fig. 2; 125); (Col. 5, lines 39-43).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the indoor exerciser of Boelke to include a cat grass tray, as taught by Hudson, in order to provide further animal enrichment.
Boelke in view of Hudson does not disclose a plurality of cat grass trays. However it would have been obvious to one having ordinary skill in the art at the time of filing to have modified the cat grass tray of Boelke in view of Hudson, to include a plurality of cat grass trays in order to increase animal enrichment, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Boelke does not disclose a laser. Wandrey teaches a laser [0141]. It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the device of Boelke and Hudson to include a laser, as taught by Wandrey, in order to provide enhanced animal enrichment [0141].
Regarding claim 17 Boelke, in view of Hudson and Wandrey, as shown above, discloses all of the limitations of claim 16. Boelke further discloses a carpet section (device is placed on carpet); [0025].
Regarding claims 13 and 19 Boelke, in view of Hudson and Wandrey, as shown above, discloses all of the limitations of claim 16. Boelke further discloses a small tunnel (Fig. 4; 18); [0024].
Regarding claims 14 and 20 Boelke, in view of Hudson and Wandrey, as shown above, discloses all of the limitations of claim 16. Boelke further discloses a stalking tunnel (Fig. 4; 18); [0024].
Claim(s) 12 and 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Boelke; Jim et al. (US 20080236511 A1) in view of Hudson; Bobette Margaret (US 7681524 B1), in view of Wandrey; Andrea (US 20260047553 A1), and further in view of Di Angelo; Rio et al. (US 7614363 B2).
Regarding claims 12 and 18 Boelke, in view of Hudson and Wandrey, as shown above, discloses all of the limitations of claim 16. Boelke in view of Hudson and Wandrey does not disclose a carpeted shelf. Di Angelo teaches a carpeted shelf (Fig. 32; 120); (Col. 9, lines 8-22).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the indoor cat exerciser system of Boelke in view of Hudson and Wandrey to include a carpeted shelf, as taught by Di Angelo, in order to provide a place for the animal to rest (Col. 9, lines 17-18).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited art is considered pertinent because it relates to indoor cat exercise devices similar to the instant invention.
US 7661394 B2
US 5875736 A
US 20140283757 A1
US 20070283899 A1
US 20120298049 A1
US 20100261405 A1
US 20100058994 A1
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 MST.
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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
