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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Examiner Comments
Upon further review and consideration, the claims have been rejected in view of the following art.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-3 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Merchant (US 5598811) in view of Christman (US 5517947).
Regarding claim 1, Merchant discloses a hygienic litter toilet for a domestic pet (title) comprising: a) a first outer tray type container ((112), Figs. 1-3 show an outer first container along the outside of the grouping of trays) having a bottom plane (Fig. 3) and a side surface having four side walls extending from the bottom plane (Figs. 1 and 3); b) a second mating inner tray type container (110) configured to be matingly received within the first container (Figs. 1 and 2 show (110) being inserted into the first container (112)), the second container comprising a bottom plane (Figs. 1 and 3) and four side walls extending from the bottom plane of the second container (Figs. 1 and 3); the second container being insertable inside the first container (Fig. 3 shows (110) being inserted into the first container (112)) and being adapted to receive a layer of absorbent or compacting inert granular material for excrements of the domestic pet up to a predetermined height (able to receive when mated with the first outer tray type container), wherein the first container does not have any openings in the bottom plane or the side surface (Fig. 3, col. 3, lines 11-13, (112) having a solid bottom panel and side surface), and said second container (110) comprises a plurality of openings, said openings having dimensions such as to enable passage of said inert granular material (Fig. 1, col. 3, lines 9-13).
Merchant does not explicitly disclose the plurality of openings are arranged exclusively at one of the side walls which rise from the bottom plane of the second container, and said openings having dimensions such as to enable passage of said inert granular material and being located above the predetermined height.
Christman, like Merchant, teaches a hygienic litter toilet with a first outer tray type container ((8a), see annotated Fig. 6 below), and a second container comprises a plurality of slots (26b) arranged exclusively at one of the side walls which rise from the bottom plane (through the bottom surface (10b)), said slots having dimensions such as to enable passage of said inert granular material and being located above the predetermined height (see annotated Fig. 6 below, the Figure shows an upward angled wall at the left and rightmost ends of the bottom surfaces, and the intersection of the upwardly angled wall to the side wall is at a height above the bottom surface, which is readable as the predetermined height).
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Annotated Fig. 6 of Christman
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hygienic litter toilet of Merchant to provide the plurality of openings arranged exclusively at one of the side walls of the second container, and above a predetermined height along the one side wall as taught by Christman, with a reasonable expectation of success, in order to help prevent litter material from leaving through the second container during normal use and/or before beginning the cleaning process.
Regarding claim 2, Merchant as modified by Christman teaches the toilet of claim 1 and teaches (references to Merchant) wherein the side walls both of the second container (110) and of the corresponding first container (110), are defined by upper edges arranged at almost identical heights (see Fig. 3).
Regarding claim 3, Merchant as modified by Christman teaches the toilet of claim 1 and teaches (references to Merchant) wherein the side walls both of the second container and of the corresponding first container are defined by upper edges arranged at different heights (Fig. 3 shows the upper edges of the containers are arranged at slightly different heights).
Regarding claim 9, Merchant as modified by Christman teaches the toilet of claim 1 and teaches (references to Merchant) wherein the openings are comprised of slots, slits, and/or holes (Fig. 1, holes).
Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Merchant (US 5598811) in view of Christman (US 5517947) as applied to claim 1 above, and further in view of Hartzell (US 2008/0041316).
Regarding claim 4, Merchant as modified by Christman teaches the toilet of claim 3. Merchant as modified by Christman does not explicitly teach wherein the first and second containers each comprise two upper edges located on the top of two opposite side walls having different heights, while the remaining two opposite side walls have inclined upper edges, the arrangement of said edges defining a layout which lies on an inclined plane with respect to the bottom plane.
Hartzell, like Merchant, teaches a hygienic litter toilet and further teaches wherein the first and second containers each comprise two upper edges located on the top of two opposite side walls having different heights ((28) has the higher height, top edge of (20) has the lower height), while the remaining two opposite side walls have inclined upper edges (sidewalls (18) have inclined upper edges), the arrangement of said edges defining a layout which lies on an inclined plane with respect to the bottom plane (Figs. 1-4 show an inclined edge that moves in the higher vertical height as the edges moves towards the front sidewall edge (28)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the heights of the side walls of the hygienic litter toilet of Merchant as modified by Christman as taught by Hartzell, with a reasonable expectation of success, in order to better control the tilt of the second container when in sifting use.
Regarding claim 5, Merchant as modified by Christman and Hartzell teaches the toilet of claim 4 and teaches (references to Hartzell) wherein the openings are arranged at the side wall defined by the highest edge (openings (26) are arranged at the combined front side wall (24), having the highest edge).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Merchant (US 5598811) in view of Christman (US 5517947) as applied to claim 1 above, and further in view of Ohlman et al. (US 2011/0011347).
Regarding claim 6, Merchant as modified by Christman teaches the toilet of claim 1, however, does not explicitly teach the litter toilet further comprising a frame that selectively clamps the respective upper edges of the first and second containers together.
Ohlman et al. teaches a hygienic litter toilet comprising a frame (17) that selectively clamps the respective upper edges of the first and second containers together (Fig. 5, using latches (60) and (62)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the litter toilet of Merchant as modified by Christman to include a frame as taught by Ohlman et al., with a reasonable expectation of success, in order to carry or move the litter toilet to a different location without taking the system apart.
Regarding claim 7, Merchant as modified by Christman and Ohlman et al. teaches the toilet of claim 6, and teaches (references to Ohlman et al.) wherein the frame (17) is provided with retaining elements (latches (60) and (62)) one on each of two opposite sides of the frame and which are configured to selectively clamp the first and second containers together (Fig. 5).
Regarding claim 8, Merchant as modified by Christman and Ohlman et al. teaches the toilet of claim 6, and teaches (references to Ohlman et al.) wherein the frame hooks onto the upper edges of the second container provided with openings, so as to function as an element limiting any leakage of inert granular material due to the movements of the domestic pet (Fig. 5 shows (17) covering a portion of the second container to therefore be capable of limiting any leakage due to the movement of the domestic pet).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Merchant (US 5598811) in view of Christman (US 5517947).
Regarding claim 10, Merchant discloses a method for using a hygienic litter toilet for domestic pets (title) comprising a first external container (112) comprised of a bottom plane (Figs. 1 and 3) and four side walls without any openings extending therefrom (Figs. 1 and 3), and a second mating container (110) comprised of a bottom plane and four side walls extending from the bottom plane (Figs. 1 and 3), the second container being insertable into the first container (Figs. 1 and 2 show (110) being inserted into the first container (112)) and whose four side walls match the side walls of the first container (Fig. 3), wherein the second container is provided with openings (Figs. 1-3), wherein inert granular material is arranged inside the second container up to or below a predetermined height (Fig. 1-3, able to receive when mated with the first outer tray type container), wherein the second container is separated from the first container and subsequently the inert granular material is sieved and made to fall into the first container so that the inert granular material falls onto the bottom plane of the first container (Fig. 2 shows the sieved inert granular material falling into the first container from the second container, col. 2, lines 61-65, and shifting from side to side), cleaning the second container from residues present in the second container itself (col. 2, lines 65-66), then pouring the inert granular material from a first container onto the bottom plane of the second container (col. 3, lines 1-8, the inert granular material from the first container is held and then poured onto the bottom plane of the second container), and finally arranging the second container in a first container so that they match each other (col. 3, lines 1-8).
Merchant does not explicitly disclose the second container exclusively has one side wall provided with openings above a predetermined height above the bottom plane of the second container, the sieving being done by tilting the second container above the first container.
Christman, like Merchant, teaches a method for using a hygienic litter toilet with the sieving being done by tilting the second container above the first container (Fig. 4), wherein the second container comprises a plurality of slots (26b) arranged exclusively at one of the side walls which rise from the bottom plane (through the bottom surface (10b)), said slots having dimensions such as to enable passage of said inert granular material and being located above the predetermined height above the bottom plane of the second container (see annotated Fig. 6 above, the Figure shows an upward angled wall at the left and rightmost ends of the bottom surfaces, and the intersection of the upwardly angled wall to the side wall is at a height above the bottom surface, which is readable as the predetermined height).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the method of Merchant to include the openings being exclusively on one side wall and the sieving being done by tilting the second container above the first container as taught by Christman in order to reduce the steps and components used in the method, as well as having more control over the sieving process for increased inspection.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Merchant (US 5598811) in view of Christman (US 5517947) as applied to claim 10 above, and further in view of Ohlman et al. (US 2011/0011347).
Regarding claim 11, Merchant as modified by Christman teaches the method of claim 10 and teaches (references to Christman) wherein the first and the second containers are provided with respective upper edges matching one another (Figs. 2-3). Merchant as modified by Christman does not explicitly teach wherein the upper edges are retained against each other by means of a frame provided with retaining elements, wherein the frame is unclamped from the edges before separating the two containers from one another for proceeding with the sieving of the inert granular material, and then clamped back to the edges for retaining them together once the two containers have been cleaned.
Ohlman et al. teaches the upper edges of the containers are retained against each other by means of a frame (17) provided with retaining elements (Fig. 5, using latches (60) and (62)), wherein the frame is unclamped from the edges before separating the two containers from one another for proceeding with the sieving of the inert granular material, and then clamped back to the edges for retaining them together once the two containers have been cleaned (paragraph [0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the litter toilet of the method of Merchant as modified by Christman to include a frame as taught by Ohlman et al., with a reasonable expectation of success, in order to carry or move the litter toilet to a different location without taking the system apart.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLY W. LYNCH whose telephone number is (571)272-5552. The examiner can normally be reached Monday-Thursday 8:30am-5:30pm, Eastern Time, alternate Friday.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter M 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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/CARLY W. LYNCH/Primary Examiner, Art Unit 3643
