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
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Italy on 11/26/2018. It is noted, however, that applicant has not filed a certified copy of the IT102018000010568 application as required by 37 CFR 1.55.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114 was filed in this application after notice of appeal to the Patent Trial and Appeal Board, but prior to a decision on the appeal. Since this application is eligible for continued examination under 37 CFR 1.114 and the fee set forth in 37 CFR 1.17(e) has been timely paid, the appeal has been withdrawn pursuant to 37 CFR 1.114 and prosecution in this application has been reopened pursuant to 37 CFR 1.114. Applicant’s submission filed on 5/13/2025 has been entered.
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 Gabbert (US 5507248) in view of Andrade et al. (US 8578887).
Regarding claim 1, Gabbert discloses a hygienic litter toilet for a domestic pet (title) comprising: a) a first outer tray type container ((16), Figs. 1-4 show an outer first container along the outside of the grouping of trays) having a bottom plane (20) and a side surface having four side walls extending from the bottom plane (sidewalls (24)); b) a second mating inner tray type container (14) configured to be matingly received within the first container (Figs. 1 and 2 show tray (14) being inserted into the first container (16)), the second container comprising a bottom plane (18) and four side walls extending from the bottom plane of the second container (sidewalls (22)); the second container being insertable inside the first container (Figs. 1 and 2 show tray (14) being inserted into the first container (16)) and being adapted to receive a layer of absorbent or compacting inert granular material (12) for excrements of the domestic pet (Fig. 1) up to a predetermined height (Fig. 1), wherein the first container does not have any openings in the bottom plane or the side surface (Figs. 3-4 show no openings along the first container (16)), and said second container comprises a plurality of openings (26), said openings having dimensions such as to enable passage of said inert granular material (Fig. 5).
Gabbert 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 the openings being located above the predetermined height.
Andrade et al. teaches a hygienic litter toilet with a plurality of openings ((25)/(27)) arranged exclusively at one of the side walls which rise from the bottom of the second container ((12) acts as a second container), and the openings being located above the predetermined height (col. 4, line 66 – col. 5, line 5). 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 Gabbert 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 Andrade et al., 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 (Andrade et al.: col. 4, line 66 – col. 5, line 5).
Regarding claim 2, Gabbert as modified by Andrade et al. teaches the toilet of claim 1, and teaches (references to Gabbert) wherein the side walls both of the second container (14) and of the corresponding first container (16), are defined by upper edges arranged at almost identical heights (see Fig. 1).
Regarding claim 3, Gabbert as modified by Andrade et al. teaches the toilet of claim 1, and teaches (references to Gabbert) 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. 1 shows the upper edges of the containers are arranged at slightly different heights)
Regarding claim 9, Gabbert as modified by Andrade et al. teaches the toilet of claim 1, and teaches (references to Gabbert) wherein the openings (26) 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 Gabbert (US 5507248) in view of Andrade et al. (US 8578887) as applied to claim 1 above, and further in view of Hartzell (US 2008/0041316).
Regarding claim 4, Gabbert as modified by Andrade et al. teaches the toilet of claim 3. Gabbert as modified by Andrade et al. 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 teaches a hygienic litter toilet 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 Gabbert modified by Andrade et al. 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, Gabbert as modified by Andrade et al. 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 Gabbert (US 5507248) in view of Andrade et al. (US 8578887) as applied to claim 1 above, and further in view of Ohlman et al. (US 2011/0011347).
Regarding claim 6, Gabbert as modified by Andrade et al. 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 Gabbert modified by Andrade et al. 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, Gabbert as modified by Andrade et al. 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, Gabbert as modified by Andrade et al. 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 Gabbert (US 5507248) in view of Andrade et al. (US 8578887) and Christman (US 5517947).
Regarding claim 10, Gabbert discloses a method for using a hygienic litter toilet for domestic pets (title) comprising a first external container (16) comprised of a bottom plane (20) and four side walls (24) without any openings extending therefrom (Fig. 3 shows no openings along the first external container), and a second mating container (14) comprised of a bottom plane and four side walls extending from the bottom plane, the second container being insertable into the first container (Figs. 1 and 2 show container (14) being inserted into container (16)) and whose four side walls match the side walls of the first container ((22) matches (24)), wherein the second container is provided with openings (26), wherein inert granular material is arranged inside the second container up to or below a predetermined height (Fig. 1), 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), cleaning the second container from residues present in the second container itself (col. 3, lines 37-43), then pouring the inert granular material from the first container onto the bottom plane of the second container (col. 3, line 44 – col. 4, line 7, 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 the first container so that they match each other (col. 4, lines 3-4).
Gabbert 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.
Andrade et al. teaches method for using a hygienic litter toilet with second container ((12) acts as a second container) exclusively has one side wall provided with openings ((25)/(27)) above the predetermined height above the bottom plane of the second container (col. 4, line 66 – col. 5, line 5). 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 Gabbert 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 Andrade et al., 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 (Andrade et al.: col. 4, line 66 – col. 5, line 5).
Christman 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). 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 Gabbert modified by Andrade et al. 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 Gabbert (US 5507248) in view of Andrade et al. (US 8578887) and Christman (US 5517947) as applied to claim 10 above, and further in view of Ohlman et al. (US 2011/0011347).
Regarding claim 11, Gabbert as modified by Andrade et al. and 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). Gabbert as modified by Andrade et al. and 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 Gabbert modified by Andrade et al. and 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.
Response to Arguments
Applicant’s arguments with respect to claims 1 and 10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Barbary (US 5785000) teaches a litter toilet having a tilting process for cleaning.
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 7:30am-5:30pm, Eastern Time, alternate Friday.
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/CARLY W. LYNCH/Examiner, Art Unit 3643
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