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 .
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “the sidewall is V-shaped, with a notch communicating with the sieving cavity and formed by the sidewall” (Claims 2 and 17) must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2-9, 11, 12, 14, and 15 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 pre-AIA the applicant regards as the invention.
Claim 2 recites “the sidewall is U-shaped or V-shaped (not shown), with a notch communicating with the sieving cavity and formed by the sidewall.” Note that it is understood that “the sidewall is U-shaped” as shown in Figs. 1-6, but it is not clearly understood that “the sidewall” could be “a V-shaped (not shown)” because the handle (11) might restrict “a V-shaped scoop.” Moreover, the recitation of “a notch communicating with the sieving cavity and formed by the sidewall” is confusing and not clearly understood as to how “a notch” communicates “with the sieving cavity and formed by the sidewall.”
Further, Claim 11 recites “a scoop detachably connected to the litter sieve, comprising: a main body configured to receive the base part; and a hand sleeve part extending from the main body and configured to receive the handle.”
Claim 12 also recites “the main body comprises a lower wall corresponding to and spaced apart from the bottom wall, and a surrounding wall extending upwardly from the lower wall and corresponding to the sidewall, with a receiving space formed by the surrounding wall and the lower wall to receive the base part.”
Claim 13 recites “a distance between the lower wall and the bottom wall increases in a direction away from the handle.”
Claim 14 recites “the hand sleeve part has a U-shaped groove to receive the handle.”
It appears that the recitations of “the base part” and “the handle” are confusing since the recited scoop also comprises a main body (30) having a base part (30a) or a lower wall, sidewalls (30a’, back wall (30b), and a handle (31). It is advised that “the base part of the litter sieve,” or ” the handle of the litter sieve” to be fully recited distinguish with the structural elements of the scoop.
Claim 12, which depends on claim 10, recites “the main body comprises a lower wall corresponding to and spaced apart from the bottom wall.”
There is no antecedent basis for “the main body.” Note that “a main body” is recited in claim 11. It appears that claim 12 should depend on claim 11, instead of claim 10. Clarification must be made,
Claims 3-9 and 13 are rejected as being dependent on, and failing to cure the deficiencies of, rejected independent claim 1 and dependent claim 2.
Claim Rejections - 35 USC § 102
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 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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-10 and 16-20, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Renforth (6,312,029),
RE claims 1 and 16, Renforth (6,312,029) discloses comprising a litter sieve (see Figs. 1-4 and Exhibit A) for collecting used litter, wherein, the litter sieve comprises a base part (see Fig. 1) and a handle (104) extending from the base part, the base part (see Exhibit A), comprising a bottom wall (see Fig. 1) and a sidewall (124) extending upwardly from the bottom wall, with a sieving cavity (102) formed by the sidewall and the bottom wall, the handle (104) connected to the sidewall, wherein, the litter sieve comprises holes (106, 106) penetrating the bottom wall and sized such that the used litter cannot pass through the holes, and at least one guiding rib(s) (108) (See Figs. 2 & 3) and the ribs located between the slots (106, 106), protruding from the bottom wall to the sieving cavity and positioned adjacent to the holes to guide unused litter pellets in the sieving cavity to pass through the holes.
Exhibit A
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RE claims 2 and 17, Fig. 1 of Renforth’s pet litter sieve (6,312,029) (see Exhibit A) teaches the sidewall is U-shaped, with a notch communicating with the sieving cavity and formed by the sidewall.
RE claims 3-7 and 18-20, Figs. 1-4 of Renforth’s pet litter sieve (6,312,029) show an array of the holes are configured on the bottom wall and the guiding rib is at least configured between two adjacent holes, wherein the array of the guiding ribs are configured on the bottom wall, with at least one of the holes provided between two adjacent guiding ribs, wherein the holes are elongated-shaped and the guiding ribs extends along a longitude direction of the holes, wherein a row of holes are configured between two adjacent guiding ribs, the guiding rib having a length equal to or less than a row length of the holes, wherein the holes adjacent to the sidewall further extend to and penetrate the sidewall.
RE claims 8 and 9, Fig. 1 of Renforth’s pet litter sieve (6,312,029) provides the sidewall comprises a backwall connecting to the bottom wall and the handle, and two wing walls separated by and connected to the backwall wherein the wing walls have a height decreasing in a direction away from the backwall.
RE claim 10, Fig. 1 of Renforth’s pet litter sieve (6,312,029) displays the handle (104) includes a through hole (114) at a distal end away from the sidewall.
Claims 1-10 and 16-20, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Myerson (D659916).
RE claims 1 and 16, Myerson (D659916) discloses a litter sieve (see Figs. 1-6 and Exhibit B) for collecting used litter, wherein the litter sieve comprises a base part (see Fig. 1) and a handle (104) extending from the base part, the base part (see Exhibit B), comprising a bottom wall (see Fig. 1) and a sidewall (124) extending upwardly from the bottom wall, with a sieving cavity (102) formed by the sidewall and the bottom wall, the handle connected to the sidewall, wherein, the litter sieve comprises holes penetrating the bottom wall and sized such that the used litter cannot pass through the holes, and at least one guiding rib(s) (See Figs. 1, 5, and 6) and the ribs located between the slots (see Exhibit B), protruding from the bottom wall to the sieving cavity and positioned adjacent to the holes to guide unused litter pellets in the sieving cavity to pass through the holes.
[AltContent: textbox (Opening or hole)]Exhibit B
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RE claims 2 and 17, Fig. 1 of Myerson pet litter sieve (D659916 (see Exhibit B) teaches the sidewall is U-shaped, with a notch communicating with the sieving cavity and formed by the sidewall.
RE claims 3-7 and 18-20, Figs. 1-6 of Myerson pet litter sieve (D659916 (see Exhibit B) show an array of the holes are configured on the bottom wall and the guiding rib is at least configured between two adjacent holes, wherein the array of the guiding ribs are configured on the bottom wall, with at least one of the holes provided between two adjacent guiding ribs, wherein the holes are elongated-shaped and the guiding ribs extends along a longitude direction of the holes, wherein a row of holes are configured between two adjacent guiding ribs, the guiding rib having a length equal to or less than a row length of the holes, wherein the holes adjacent to the sidewall further extend to and penetrate the sidewall.
RE claims 8 and 9, Fig. 1 of Myerson pet litter sieve (D659916) (see Exhibit B) provides the sidewall comprises a backwall connecting to the bottom wall and the handle, and two wing walls separated by and connected to the backwall wherein the wing walls have a height decreasing in a direction away from the backwall.
RE claim 10, Fig. 1 of Myerson pet litter sieve (D659916) (see Exhibit B) displays the handle which includes a through hole at a distal end away from the sidewall.
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 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 1-10 and 16-20, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Renforth’s pet litter sieve (6,312,029) in view of Myerson (D659916).
RE claims 1, 3-7, and 18-20, alternatively, if Renforth’s pet litter sieve (6,312,029), as presented above, does not specifically teach at least one guiding rib(s) protruding from the bottom wall to the sieving cavity and positioned adjacent to the holes to guide unused litter pellets in the sieving cavity to pass through the holes, Myerson (D659916) (see Exhibit B) shows at least one guiding rib(s) (See Figs. 1, 5, and 6) and the ribs located between the slots (see Exhibit B), protruding from the bottom wall to the sieving cavity and positioned adjacent to the holes to guide unused litter pellets in the sieving cavity to pass through the holes. Thus, it would have been obvious to one of ordinary skill in the mechanical engineering art before the effective filing date of the invention to provide at least one guiding rib or more ribs protruding from the base wall of
Renforth’s pet litter sieve (6,312,029) as taught by Myerson (D659916) to allow to penetrate the waste and to allow the unwanted liquid and litter to go through the openings or slots.
RE claims 2 and 17, Fig. 1 of Renforth’s pet litter sieve (6,312,029) (see Exhibit A) teaches the sidewall is U-shaped, with a notch communicating with the sieving cavity and formed by the sidewall.
RE claims 8 and 9, Fig. 1 of Renforth’s pet litter sieve (6,312,029) provides the sidewall comprises a backwall connecting to the bottom wall and the handle, and two wing walls separated by and connected to the backwall wherein the wing walls have a height decreasing in a direction away from the backwall.
RE claim 10, Fig. 1 of Renforth’s pet litter sieve (6,312,029) displays the handle (104) includes a through hole (114) at a distal end away from the sidewall.
Claims 11-15, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Renforth’s pet litter sieve (6,312,029) and Myerson (D659916), and further in view of Berti (D508,760).
Renforth’s pet litter sieve (6,312,029), as presented above, does not specifically show a scoop detachably connected to the litter sieve, comprising: a main body configured to receive the base part; and a hand sleeve part extending from the main body and configured to receive the handle, the main body comprises a lower wall corresponding to and spaced apart from the bottom wall, and a surrounding wall extending upwardly from the lower wall and corresponding to the sidewall, with a receiving space formed by the surrounding wall and the lower wall to receive the base part, wherein a distance between the lower wall and the bottom wall increases in a direction away from the handle wherein the hand sleeve part has a U-shaped groove to receive the handle. However, Berti (D508,760) shows a scoop (see Exhibit C) having a main body configured to receive the base part; and a hand sleeve part extending from the main body and configured to receive the handle, the main body comprises a lower wall corresponding to and spaced apart from the bottom wall, and a surrounding wall extending upwardly from the lower wall and corresponding to the sidewall, with a receiving space formed by the surrounding wall and the lower wall to receive the base part, wherein a distance between the lower wall and the bottom wall increases in a direction away from the handle wherein the hand sleeve part has a U-shaped groove to receive the handle.
Thus, it would have been obvious to one of ordinary skill in the mechanical engineering art before the effective filing date of the invention to provide a scoop on the Renforth’s pet litter sieve (6,312,029) as taught by Berti (D508,760) to allow the unwanted liquid and litter to go through the openings or slots of the sieve and collect the waste from the scoop. Exhibit C
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Claims 1-20, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over Davids (US 2019/0159423) in view of Renforth’s pet litter sieve (6,312,029) and further in view of Myerson (D659916).
Davids (US 2019/0159423) discloses a litter sieve (see Figs. 14-16) comprises a base part (see Fig. 15) and a handle (225) extending from the base part, the base part comprising a bottom wall (see Fig. 15) and a sidewall (226b, 226c) extending upwardly from the bottom wall, with a sieving cavity formed by the sidewall and the bottom wall, the handle connected to the sidewall, wherein the litter sieve comprises holes penetrating the bottom wall and sized such that the used litter cannot pass through the holes, and a scoop (see Fig. 15) detachably connected to the litter sieve (220), comprising: a main body configured to receive the base part; and a hand sleeve part (240) extending from the main body and configured to receive the handle (225), the main body comprises a lower wall corresponding to and spaced apart from the bottom wall, and a surrounding wall extending upwardly from the lower wall and corresponding to the sidewall, with a receiving space formed by the surrounding wall and the lower wall to receive the base part, but does not an array of the holes are configured on the bottom wall and the guiding rib is at least configured between two adjacent holes, wherein the array of the guiding ribs are configured on the bottom wall, with at least one of the holes provided between two adjacent guiding ribs, wherein the holes are elongated-shaped and the guiding ribs extends along a longitude direction of the holes, wherein a row of holes are configured between two adjacent guiding ribs, the guiding rib having a length equal to or less than a row length of the holes, wherein the holes adjacent to the sidewall further extend to and penetrate the sidewall. However,
Figs. 1-4 of Renforth’s pet litter sieve (6,312,029) show an array of the holes are configured on the bottom wall and the guiding rib is at least configured between two adjacent holes, wherein the array of the guiding ribs are configured on the bottom wall, with at least one of the holes provided between two adjacent guiding ribs, wherein the holes are elongated-shaped and the guiding ribs extends along a longitude direction of the holes, wherein a row of holes are configured between two adjacent guiding ribs, the guiding rib having a length equal to or less than a row length of the holes, wherein the holes adjacent to the sidewall further extend to and penetrate the sidewall. Thus, it would have been obvious to one of ordinary skill in the mechanical engineering art before the effective filing date of the invention to provide slots on the Davids (US 2019/0159423) as taught by Renforth’s pet litter sieve (6,312,029) to allow to go through more and larger litter and liquid to a user.
The modified Davids (US 2019/0159423) still does not show that at least one guiding rib or more ribs protruding from the base wall. However, Myerson (D659916) (see Exhibit B) shows at least one guiding rib(s) (See Figs. 1, 5, and 6) and the ribs located between the slots (see Exhibit B), protruding from the bottom wall to the sieving cavity and positioned adjacent to the holes to guide unused litter pellets in the sieving cavity to pass through the holes. Thus, it would have been obvious to one of ordinary skill in the mechanical engineering art before the effective filing date of the invention to provide at least one guiding rib or more ribs protruding from the base wall of Davids (US 2019/0159423)
as taught by Myerson (D659916) to allow to penetrate the waste and to allow the unwanted liquid and litter to go through the openings or slots.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL T CHIN whose telephone number is (571)272-6922. The examiner can normally be reached on M-F 8:00-4:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Gene Crawford can be reached on (571) 272-6911. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL T CHIN/Primary Examiner, Art Unit 3651