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 1-8 are pending and have been examined in this application.
This communication is the first action on the merits.
An information disclosure statement (IDS) has been filed on 02/27/2026 and reviewed by the Examiner.
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 1-8 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.
Claim 1 recites the phrase "the topmost position" in line 3. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests changing “the topmost position” to --a topmost position--.
Claim 1 recites the phrase "the ground" in line 10. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests changing “the ground” to --a ground--.
Claim 1 recites the phrase "a pet bed" in lines 11-12. This is a double inclusion of “A 3D (Three dimensional) mesh fabric pet bed” in line 1. The Examiner suggests changing “a pet bed” to --the pet bed--.
Claim 1 recites the phrase "the same time" in line 23. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests changing “the same time” to --a same time--.
Claim 4 recites the phrase "the outside" in line 6. There is insufficient antecedent basis for this limitation in the claim. The Examiner suggests changing “the outside” to --an outside--.
Claim 7 recites the phrase "a plurality of limiting blocks" in line 23. This is a double inclusion of “a limiting block” in line 22. Correction is required.
Claims 2-8 are rejected based on their respective dependencies.
Appropriate correction is required. Accordingly, the invention has been examined as best understood.
Claim Rejections - 35 USC § 103
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 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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Harding (U.S. Pat. 5992348) in view of Pace (U.S. Pub. 20070062456).
In regard to claim 1, Harding discloses a 3D (Three-dimensional) mesh fabric pet bed with enhanced air permeability, comprising: a first 3D mesh fabric mattress assembly, which is mounted on the topmost position to improve air permeability while enhancing support performance (Figs. 1-10 and Column 3 lines 1-45, where there is a 3D mesh fabric pet bed 10 with enhanced air permeability having a first 3D mesh fabric mattress assembly 28 which is mounted on the topmost position to improve air permeability while enhancing support performance); and a bracket assembly comprises a first mounting bracket assembly, a second mounting bracket assembly, an adsorption assembly, and a synchronous drive assembly (Figs. 1-10 and Column 3 lines 13-65, where there is a bracket assembly 110 including a first mounting bracket assembly (one side portion of 110), a second mounting bracket assembly (other side portion of 110), an adsorption assembly 76, and a synchronous drive assembly 56/58/84); the first mounting bracket assembly is mounted between the first 3D mesh fabric mattress assembly and the ground (Figs. 1-10, where the first mounting bracket assembly (one side portion of 110) is mounted between the first 3D mesh fabric mattress assembly 28 and the ground), the adsorption assembly is mounted on the ground (Figs. 1-10, where the adsorption assembly 76 is mounted on the ground), and the synchronous drive assembly is mounted between the first mounting bracket assembly, the second mounting bracket assembly, and the adsorption assembly (Figs. 1-10 and Column 3 lines 13-65, where the synchronous drive assembly 56/58/84 is mounted between the first mounting bracket assembly (one side portion of 110), the second mounting bracket assembly (other side portion of 110), and the adsorption assembly 76) to drive the first mounting bracket assembly, the second mounting bracket assembly, and the adsorption assembly to complete mounting and adsorption at the same time (Figs. 1-10, where the synchronous drive assembly 56/58/84 at least allows the first mounting bracket assembly, the second mounting bracket assembly, and the adsorption assembly to complete mounting and adsorption at the same time when the device is fully assembled). Harding is silent on a second 3D mesh fabric mattress assembly, which is mounted below the first 3D mesh fabric mattress assembly and attached to the first 3D mesh fabric mattress assembly to enhance air permeability while cooperating with the first 3D mesh fabric mattress assembly for supporting; a bracket assembly, which is mounted between the first 3D mesh fabric mattress assembly, the second 3D mesh fabric mattress assembly and the ground and cooperate with the first 3D mesh fabric mattress assembly and the second 3D mesh fabric mattress assembly to form a pet bed; the second mattress mounting bracket assembly is mounted between the second 3D mesh fabric mattress assembly and the ground. Pace discloses a second 3D mesh fabric mattress assembly, which is mounted below the first 3D mesh fabric mattress assembly and attached to the first 3D mesh fabric mattress assembly to enhance air permeability while cooperating with the first 3D mesh fabric mattress assembly for supporting (Fig. 1 and Paragraphs [0022-0030], where there is a second 3D mesh fabric mattress assembly 14 which is mounted below the first 3D mesh fabric mattress assembly 16 and attached to the first 3D mesh fabric mattress assembly 16 to enhance air permeability while cooperating with the first 3D mesh fabric mattress assembly 16 for supporting); a bracket assembly, which is mounted between the first 3D mesh fabric mattress assembly, the second 3D mesh fabric mattress assembly and the ground and cooperate with the first 3D mesh fabric mattress assembly and the second 3D mesh fabric mattress assembly to form a pet bed; the second mattress mounting bracket assembly is mounted between the second 3D mesh fabric mattress assembly and the ground (Fig. 1 and Paragraphs [0022-0030], where there is a bracket assembly 18, which is mounted between the first 3D mesh fabric mattress assembly 16, the second 3D mesh fabric mattress assembly 14 and the ground and cooperates with the first 3D mesh fabric mattress assembly 16 and the second 3D mesh fabric mattress assembly 14 to form a pet bed and where the second mattress mounting bracket assembly (attached to the second 3D mesh fabric mattress assembly 14) is at least mounted between the second 3D mesh fabric mattress assembly 14 and the ground). Harding and Pace are analogous because they are from the same field of endeavor which include pet beds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Harding such that a second 3D mesh fabric mattress assembly, which is mounted below the first 3D mesh fabric mattress assembly and attached to the first 3D mesh fabric mattress assembly to enhance air permeability while cooperating with the first 3D mesh fabric mattress assembly for supporting; a bracket assembly, which is mounted between the first 3D mesh fabric mattress assembly, the second 3D mesh fabric mattress assembly and the ground and cooperate with the first 3D mesh fabric mattress assembly and the second 3D mesh fabric mattress assembly to form a pet bed; the second mattress mounting bracket assembly is mounted between the second 3D mesh fabric mattress assembly and the ground in view of Pace. The motivation would have been to allow for the cot bed to have multiple layers, thereby allowing for additional support as well as providing potential crawl space for the animals (Pace, Paragraph [0006]).
In regard to claim 2, Harding as modified by Pace discloses the 3D mesh fabric pet bed with enhanced air permeability according to claim 1, wherein the first 3D mesh fabric mattress assembly comprises an upper 3D mesh fabric mattress, upper connecting sleeves are fixedly connected to both ends of the upper 3D mesh fabric mattress by sewing, respectively, and the two upper connecting sleeves are disposed symmetrically (Harding, Figs. 1-10 and Column 4 lines 21-32, where the first 3D mesh fabric mattress assembly comprises an upper 3D mesh fabric mattress 28, upper connecting sleeves (two of 30', 32', 34', 36') are fixedly connected to both ends of the upper 3D mesh fabric mattress 28 at least by sewing (sewn or otherwise attached) and the two upper connecting sleeves are disposed symmetrically).
In regard to claim 3, Harding as modified by Pace discloses the 3D mesh fabric pet bed with enhanced air permeability according to claim 2, wherein the second 3D mesh fabric mattress assembly comprises a lower 3D mesh fabric mattress disposed below the upper 3D mesh fabric mattress, lower connecting sleeves are fixedly connected to both ends of the lower 3D mesh fabric mattress by sewing, respectively, and the two lower connecting sleeves are disposed symmetrically and perpendicular to the lower 3D mesh fabric mattress (Pace, Fig. 1 and Paragraphs [0022-0030], where there is a second 3D mesh fabric mattress assembly 14; Harding, Figs. 1-10 and Column 4 lines 21-32, where lower connecting sleeves (other two of 30', 32', 34', 36') are fixedly connected to both ends of the 3D mesh fabric mattress 28 at least by sewing (sewn or otherwise attached) and the two lower connecting sleeves are disposed symmetrically and perpendicular to the 3D mesh fabric mattress 28).
In regard to claim 4, Harding as modified by Pace discloses the 3D mesh fabric pet bed with enhanced air permeability according to claim 3, wherein the first mattress mounting bracket assembly comprises two upper support pipes movably nested inside the two upper connecting sleeves and four main brackets disposed at both ends of the two upper support pipes (Harding, Figs. 1-10 and Column 4 lines 34-45, where the first mattress mounting bracket assembly comprises two upper support pipes 12/14/38/40 at least movably nested inside the two upper connecting sleeves 30’/32’ and four main brackets 62/64/66/68 disposed at both ends of the two upper support pipes 38/40), an upper support arm is fixedly connected to an end wall, facing the upper support pipe, of the main bracket, an upper accommodating groove communicating with the outside is formed in a side, facing the upper support pipe, of the upper support arm, and an upper plug-in bracket that is provided with an internal threaded hole and inserted into the upper support pipe is slidably disposed inside the upper accommodating groove (Harding, Figs. 1-10, where an upper support arm (section of bracket which receives upper support pipes) is at least fixedly connected to an end wall, facing the upper support pipe 12/14/38/40, of the main bracket 62/64/66/68, an upper accommodating groove (opening which receives upper support pipes) communicating with the outside is formed in a side, facing the upper support pipe, of the upper support arm, and an upper plug-in bracket (for example, 86/88/90/92) that is provided with an internal threaded hole (apertures which engage with threaded bolts such as 94/96/98/100) and at least inserted into the upper support pipe 12/14/38/40 is slidably disposed inside the upper accommodating groove).
In regard to claim 5, Harding as modified by Pace discloses the 3D mesh fabric pet bed with enhanced air permeability according to claim 4, wherein the second mattress mounting bracket assembly comprises two lower support pipes movably nested inside the two lower connecting sleeves and four lower support arms fixedly connected to end walls, facing the lower support pipes, of the four main brackets (Harding, Figs. 1-10 and Column 4 lines 34-45, where the second mattress mounting bracket assembly comprises two lower support pipes 16/18/42/44 at least movably nested inside the two lower connecting sleeves 34’/36’ and four lower support arms (section of bracket which receives lower support pipes) fixedly connected to end walls, facing the lower support pipes, of the four main brackets 62/64/66/68 disposed at both), a lower accommodating groove communicating with the outside is formed in a side, facing the lower support pipe, of the lower support arm, and a lower plug-in bracket that is provided with an internal threaded hole and inserted into the lower support pipe is slidably disposed inside the lower accommodating groove (Harding, Figs. 1-10, a lower accommodating groove (opening which receives lower support pipes) communicating with the outside is formed in a side, facing the lower support pipe, of the lower support arm, and an lower plug-in bracket (for example, 86/88/90/92) that is provided with an internal threaded hole (apertures which engage with threaded bolts such as 94/96/98/100) and at least inserted into the lower support pipe 16/18/42/44 is slidably disposed inside the upper accommodating groove).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Harding (U.S. Pat. 5992348) in view of Pace (U.S. Pub. 20070062456) as applied to claim 5, and further in view of Yeagle (DE 202024103986).
In regard to claim 6, Harding as modified by Pace discloses the 3D mesh fabric pet bed with enhanced air permeability according to claim 5. Harding as modified by Pace is silent on the adsorption assembly comprises a support groove formed in the main bracket, an extrusion bracket with an internal threaded hole is disposed in the support groove, and a suction cup is fixedly connected to a bottom end of the extrusion bracket with the internal threaded hole. Yeagle discloses the adsorption assembly comprises a support groove formed in the main bracket, an extrusion bracket with an internal threaded hole is disposed in the support groove, and a suction cup is fixedly connected to a bottom end of the extrusion bracket with the internal threaded hole (Fig. 2 and Translated Specification Page 4 line 45 – Page 5 line 8, where there is a support groove formed in the main bracket 4, an extrusion bracket with an internal threaded hole 41 is disposed in the support groove, and a suction cup 6 is fixedly connected to a bottom end of the extrusion bracket with the internal threaded hole 41). Harding and Yeagle are analogous because they are from the same field of endeavor which include pet beds. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device body of Harding as modified by Pace such that the adsorption assembly comprises a support groove formed in the main bracket, an extrusion bracket with an internal threaded hole is disposed in the support groove, and a suction cup is fixedly connected to a bottom end of the extrusion bracket with the internal threaded hole in view of Yeagle. The motivation would have been to allow the device to securely attach to a ground surface, thereby preventing undesired movement when in use.
Allowable Subject Matter
Claims 7-8 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See PTO-892, Notice of References Cited, for the full list of prior art made of record. Particularly the references were cited because they pertain to the state of the art of pet care devices.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN M DENNIS whose telephone number is (571)270-7604. The examiner can normally be reached Monday-Friday: 7:30 am to 4:30 pm.
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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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/KEVIN M DENNIS/Examiner, Art Unit 3647
/KIMBERLY S BERONA/Supervisory Patent Examiner, Art Unit 3647
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