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 .
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim Rejections - 35 USC § 112
Claim limitation “means of a temporary heat input” invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. The disclosure is devoid of any structure that performs the function in the claim. The only area of the whole specification that discusses this “means of a temporary heat input” is on page 35 but nothing of structures. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
Claim Rejections - 35 USC § 103
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Salowsky et al. (DE 102018110772 A1) in view of Schaffer (US 5069289 A), Fremgen et al. (DE 3840223 A1), Broadus (US 20160157474 A1), and alternatively Tovim (CH 624829 A5).
For claim 1, Salowsky et al. teach a method of attaching a hoof protector (figs. 4-5) to a hoof of an equine animal, characterized by
(i) gluing at least one hoof side oriented layer of at least one lug of a hoof protector lug system (10-12), wherein the hoof protector lug system is formed from a collar (12) and at least one lug (11), wherein the collar and each of the at least one lug are connected to each other via a web area (in the area of ref. 19), wherein the web area connects the at least one lug with the collar via webs (areas on the left and right of ref. 22), the web area comprises at least one recess (22) in the form of a circle, two webs (left and right areas of the recess 22) are formed on opposite sides of each recess, and a number of the webs is twice a number of the at least one recess (each recess 22 has left and right webs, thus, the number of webs is twice the recess),
(ii) bringing into contact the glue hoof side oriented layer of the lug from step (i) with a hoof wall (16),
(iii) attaching by gluing, the glue hoof side oriented layer of the lug from step to the hoof wall (figs. 4-5) wherein the attaching by gluing comprises cooling (implied because the glue will cool and hardened) and a material bonding connecting the hoof side oriented layer of the lug to the hoof wall.
However, Salowsky et al. are silent about partial melting, by means of a temporary heat input, of at least one hoof side oriented layer of at least one lug of a hoof protector lug system; wherein the at least one lug is made of a thermoplastic polymer, the web area comprises at least one recess which is in the form of an ellipse or a superellipse; bringing into contact the partially melted hoof side oriented layer of the lug from step (i) with a hoof wall; thermal welding of the partially melted hoof side oriented layer of the lug from step to the hoof wall wherein the thermal welding comprises cooling and a material bonding connecting the hoof side oriented layer of the lug to the hoof wall.
Schaffer teaches in the same field of endeavor of a method of attaching a hoof protector to a hoof comprising partial melting, by means of a temporary heat input (col. 2, lines 14), of at least one hoof side oriented layer of at least one lug (5) of a hoof protector lug system; bringing into contact the partially melted hoof side oriented layer of the lug from step (i) with a hoof wall (1); thermal welding (heating the adhesive 3 and the hoof wall can be considered thermal welding) of the partially melted hoof side oriented layer of the lug from step (ii) to the hoof wall wherein the thermal welding comprises cooling (col. 1, line 41, col. 2, line 9) and a material bonding connecting the hoof side oriented layer of the lug to the hoof wall (col. 2, lines 1-14). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the steps of partial melting, by means of a temporary heat input, bringing into contact the partially melted hoof side oriented layer of the lug from step (i) with a hoof wall, and thermal welding of the partially melted hoof side oriented layer of the lug from step to the hoof wall wherein the thermal welding comprises cooling and a material bonding connecting the hoof side oriented layer of the lug to the hoof wall as taught by Schaffer in place of the gluing in the method of Salowsky et al. in order to provide a stronger bond between the elements as stated in Schaffer.
In the event that applicant does not agree with the examiner’s interpretation of thermal welding in Schaffer, Tovim teaches in the same field of endeavor of a method of attaching a hoof protector (15) to a hoof (11) comprising thermal welding (translation states: “As is known, the curing of the adhesive can be further accelerated by using a warm air jet or heated blocks of material.”, “The term “stapling” according to claim 1 is understood to mean both thermal welding and gluing with adhesive or an agent.”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to incorporate the step of thermal welding as taught by Tovim et al. in the method of Salowsky et al. as modified by Schaffer, for such method of thermal welding is notoriously well-known in the art and can be interchangeably use with other known attachment method such as gluing to create a stronger bond between the elements.
Fremgen et al. teach in the same field of endeavor of a method of attaching a hoof protector (1a) to a hoof comprising a hoof protector lug system (3’) that is formed from a thermoplastic polymer (abstract: “the wall elements (3) being made of a thermoplastic material”) for attachment of the hoof protector sole the hoof. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the hoof protector lug system of Salowsky et al. as modified by Schaffer, or in the alternative Tovim, be formed from a thermoplastic polymer as taught by Fremgen et al., 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 choice (thermoplastic as taught in Fremgen et al. is a known material used for hoof protector lug system due to the abundant of the material, moldable, and hardness). In re Leshin, 125 USPQ 416.
Broadus teaches in the same field of endeavor of a method of attaching a hoof protector (10) to a hoof comprising at least one recess (36) which is in the form of a superellipse. As stated, the at least one recess “assists with adhesively securing the shoe to the hoof as adhesive therein adheres to the hoof. Also, should the shoe separate from the hoof, the openings should assist in collapsing the clip to minimize chance of injury.” It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one recess of Salowsky et al. as modified by Schaffer, or in the alternative Tovim, and Fremgen et al. be in the form of a superellipse as taught by Broadus in order to assists with adhesively securing the shoe to the hoof and to assist in collapsing the clip to minimize chance of injury.
For claim 2, Salowsky et al. as modified by Schaffer, or in the alternative Tovim, Fremgen et al., and Broadus teach the method of claim 1, and further teach wherein the hoof protector lug system comprises at least one fold (15 in fig. 1 of Salowsky et al.) arranged between the collar and the lug (see fig. 3 of Salowsky et al.).
For claim 3, Salowsky et al. as modified by Schaffer, or in the alternative Tovim, Fremgen et al., and Broadus teach the method of claim 1, and further teach, wherein the hoof protector lug system comprises a fold area (15 in fig. 1 of Salowsky et al.), wherein the fold area is formed of two successive folds (figs. 3,5 of Salowsky, one fold in the front and one fold in the back at hinge 15, similar to fig. 7(B) of applicant’s drawings).
For claim 4, Salowsky et al. as modified by Schaffer, or in the alternative Tovim, Fremgen et al., and Broadus teach the method of claim 1, and further teach, wherein the lug and/or the collar is constructed of at least two-layers, wherein one of the layers is oriented on the hoof side and one of the layers is oriented away from the hoof (fig. 3 of Salowsky shows at least two layers, film 20, tape 19 and tab 11). However, Salowsky et al. as modified by Schaffer, or in the alternative Tovim, Fremgen et al., and Broadus are silent about wherein at least one of the layers is formed from the thermoplastic polymer. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the at least one of the layers of Salowsky et al. a as modified by Schaffer, or in the alternative Tovim, Fremgen et al., and Broadus be formed from the thermoplastic polymer, 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 choice (thermoplastic polymer is a notoriously well-known material in the art). 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 20150327531 A1 teaches a horseshoe that has a generally upside down U-shaped body with a front portion, side portions, rear ends, and an outer perimeter edge. The horseshoe includes a connector portion extending between and connecting the rear ends and being shaped to extend inwardly towards the front portion. The connector portion is generally V-shaped with the point of the V extending towards the front portion. The horseshoe defines an internal edge along internal edges thereof, and an internal space within the internal edge.
EP 3132679 A1 teaches a protector for animal hooves comprising a lower cover (2) that can be coupled to the base and lateral surface of the hoof, constituted from a thermoformable material; a heel (3) made from rubber; a frontal connection plate (4) between the lower cover and the heel, made from a thermoplastic material, and an intermediate buffer piece (19) constituted by a flexible and padded sheet arranged around the foot (1).
EP 3243379 B1 teaches a closure composite system for securing a foot guard to a horn capsule of an animal with attachment means attachable to a horn capsule wall of the horn capsule, and to retaining means attached to the foot guard. See eg DE 10346480 A1, Steers, such as horse or donkey, and cloven-hoofed animals, so-called cloven-hoofed animals such as cattle or sheep, have hooves or claws formed on the lowest part of the limbs of horn capsules. Like claws and fingernails, these become worn in use and therefore constantly grow. Since such animals are now commonly kept as domestic or farm animals, they often cannot live out their natural movement behavior, which growth and abrasion of the hooves and claws often no longer match. In order to prevent diseases of the hooves or claws, they must be cut out at regular intervals, depending on the load, and, if necessary, provided with foot protection when the horn capsule is heavily stressed.
DE 10112675 A1 teaches a horseshoe comprises an extruded light-metal core (1) with undercut longitudinal grooves (2), and a wear resistant plastic cover element (3), which is slidably anchored in the core grooves (2). An Independent claim is also included for a method for producing a horseshoe comprises: (1) producing an extruded core; (2) providing it with a plastic cover element; (3) cutting the resultant product into appropriate lengths; and (4) bending these lengths into the shape of a horseshoe blank.
FR 2487166 A1 teaches horseshoes are made from two complementary plastics mouldings so that one moulding can be nailed beneath the perimeter of the hoof, like a conventional metal shoe, but incorporates an integral bar across the trailing end of the shoe, and a second moulding can be fitted to cover the middle of the hoof. The second moulding is secured by undercut tenons and/or by overlapping joints coupled by screws. Pref. both mouldings are of a hard (65 Shore) polyurethane rubber, assembled so that the face of the central cover is flush with that of the surrounding shoe, and both mouldings feature ribs or grooves parallel and transverse to the axis of the hoof. Lighter than iron shoes, more wear resistant than aluminium alloy shoes, offer better grip on hard dry surfaces, e.g. roads. The central cover can be removed and cleaned or replaced without requiring skilled labour or special tools. Pref. the interface between the shoe and the cover is bevelled so that assembly is self-centring.
DE 102018110772 A1 teaches a hoist (10) for a hoof fitting (14) of an equine, in particular a horse, having a first surface (17) facing a hoof capsule (16) when the hoof fitting (14) is attached to the hoof of the equid. Furthermore, the invention relates to a shoe fitting (14) with its elevator and the use of such a horseshoe (14) and a method for fogging a hoof. In order to simplify and make safer the bonding of the horseshoe, and in particular of the lifts with the horn capsule of the hoof, the elevator according to the invention is provided by an adhesive which is peripherally provided on the outer edge (18) of the first surface (17), so that between the first surface (17) and the horn capsule (18) with a hoof fitting (14) provisionally attached to the hoof, a cavity (21) is formed, and by a first opening (22) and a second opening (23), each in the cavity ( 21), marked. [AltContent: rect]
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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, Peter 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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/Son T Nguyen/Primary Examiner, Art Unit 3643
