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Preliminary Novelty Search Letter To Client

The law firm Smith Law Group conducted a preliminary patent search for Joseph Banks and Acme Novelty Products regarding their invention "Tailgate Companion", which is a cloth carrier that mounts on a dog and holds picnic items. The search found several relevant prior US patents and applications involving carriers, harnesses, and containers attached to animals. The analysis determined that Banks' invention was anticipated by and could be considered an obvious variation of the prior art references. Any potential patent obtained would be limited in scope by these references.

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179 views3 pages

Preliminary Novelty Search Letter To Client

The law firm Smith Law Group conducted a preliminary patent search for Joseph Banks and Acme Novelty Products regarding their invention "Tailgate Companion", which is a cloth carrier that mounts on a dog and holds picnic items. The search found several relevant prior US patents and applications involving carriers, harnesses, and containers attached to animals. The analysis determined that Banks' invention was anticipated by and could be considered an obvious variation of the prior art references. Any potential patent obtained would be limited in scope by these references.

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samijiries
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We take content rights seriously. If you suspect this is your content, claim it here.
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SMITH LAW GROUP, P.C.

ATTORNEY AT LAW INTELLECTUAL PROPERTY LAW


FRANKLIN T. SMITH E-Mail: Franklin@SmithLawGroup.com
SUPREME COURT OF ILLINOIS FEDERAL DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS COURT OF APPEALS FOR THE FEDERAL CIRCUIT REGISTERED TO PRACTICE BEFORE THE UNITED STATES PATENT AND TRADEMARK OFFICE

1776 S. NAPERVILLE RD., SUITE 500 WHEATON, ILLINOIS 60187 VOICE (630) 555-5555 FACSIMILE (630) 555-5505

March 20, 2014 Via First-Class Mail Joseph Banks Acme Novelty Products, Inc. 200 E. Washington Ave. Spring City, PA 19475 Re: Search Results for: Tailgate Companion Our Case No.: 6050P0010US Mr. Banks: We have completed a preliminary novelty search on the above-identified invention. The invention comprises a cloth carrier that mounts on a dog and has holsters for holding picnic supplies, condiment containers, soft drinks, beer, etc. We have conducted an online patent search for both patents and published patent applications in the following class and subclasses: class 119, subclass 850; class 119, subclass 858 class 224, subclass 148.6; and class 224, subclass 199. We only searched those subclasses wherein there was a reasonable probability of finding relevant patents. We have conducted extensive word searching as well. The search was not exhaustive. We have not searched PCT or foreign applications or patents, or U.S. design patents. Relevant Patents and Patent Applications We have considered the following patents and published patent applications to be at least somewhat relevant:

Attorney-Client and/or Work Product Immunity Privileged Communication Do Not Copy or Disseminate beyond Control Group

Page 2 U.S. Patent 7,918,192 (current) titled Multi-Purpose Pet Utility Vest discloses a utility vest for a pet incorporating a body portion and a pocket assembly, containing pocket compartments. U.S. Patent 6,571,745 (current) titled Dog Pack Harness discloses a dog pack harness providing a dog with the ability to carry various items in a plurality of pocket and holding elements. U.S. Patent 6,443,101 (current) titled Pet Apparel with Leash discloses a pet apparel in combination with a leash and a pocket for storing the leash for an animal such as a dog or a cat. U.S. Patent 6,314,915 (current) titled Multi-Purpose Container Attached to a Harness discloses an animal restraint device in the form of a harness allowing for the attachment of a multi-purpose container. U.S. Patent 5,184,762 (expired) titled Harness for Carrying Containers discloses a lightweight, adjustable dog harness enabling a dog to carry at least one container. U.S. Patent 1,136,691 (expired) titled Saddle Bag discloses a saddlebag adapted for physicians and the like to carry their medicines and so forth on the back of a horse. U.S. Patent 437,637 (expired) titled Saddle Bags discloses saddle bags for physicians to carry vials, instruments, and other objects on horseback. U.S. Published Patent Application 2005/0072376 discloses pet accessories such as pet packs and coats, which attach easily and allow a pet to carry its belongings.

Analysis of Search Results The above patents demonstrate that it is known to provide a means of carrying objects such as bottles of liquid on the back of an animal, including dogs. We found at least one patent (5,184,762) that specifically discloses a dog-mounted carrier whose purpose is to carry containers. An invention is not patentable under 35 U.S.C 102 if it is anticipated by a prior art invention. A prior art invention anticipates an applied-for invention when the prior art invention discloses each and every element of the applied-for invention. Your invention has been anticipated by more than one prior art reference that we have found. However, even if a single prior-art patent does not contain all the elements of the present invention, the Patent Office may find the invention is obvious by combining elements of multiple prior art patents. In order to obtain a patent, the patent claim must be non-obvious over prior art. If the examiner cannot find every feature of the claim in one prior art patent or publication he can use two or more prior art patents or publications and combine the two to meet the claim if there is a suggestion in the prior art to make the combination. It is very difficult to predict whether a patent examiner would consider your invention obvious over these references. Some patent applications pass through the patent office to allowance without a fight by the patent examiner and others are fought by the examiner tooth and nail to stop allowance.
Attorney-Client and/or Work Product Immunity Privileged Communication Do Not Copy or Disseminate beyond Control Group

Page 3 Regardless, any claim that you could obtain would be limited by all of these prior art patents. In other words, the value of your patent would be proportional to the extent to which it could be effective to stop competition, but the patent could never be construed to cover any arrangement that is shown in any of this prior art. If there are unique features of your invention we are overlooking please let us know. Please be advised that we have not conducted a clearance search, nor have we reviewed the claims of any patents, including the above patents, to determine whether or not your invention, if commercialized, would infringe any patent claims. Please feel free to call if you have any questions. Kind Regards,

Franklin T. Smith FTS/soj Enclosures

Attorney-Client and/or Work Product Immunity Privileged Communication Do Not Copy or Disseminate beyond Control Group

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