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 .
DETAILED ACTION
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.
Claims 1-4, 8, 10, 11 are rejected under 35 U.S.C. 103 as being unpatentable over DeJesus (7,992,907) in view of Patterson (20200157753). DeJesus discloses a pet litter pickup device 10 with a first proximate end and a hand grip 20 at the first proximate end, a second distal end and a picker 65 at the second distal end, the picker having three or more arms 65, and telescopic members 24,35, the telescopic members being arranged to extend from a first retracted transport length to a second usage length and/or a third usage length longer than the second usage length, the hand grip 20 comprising a picking mechanism, wherein the picking mechanism 80 is arranged to control movement of the three or more arms 65, the picking mechanism 80 is activated by a trigger 82/99, and the picking mechanism 80 is designed to function by being arranged to control movement of the three or more arms from a first open position (extended position) to a second closed position (retracted position) in any of the first retracted transport length, the second usage length, and/or the third usage length of the telescopic members, wherein the picking mechanism comprises a spring loaded pulley and a ball chain (col. 3, lines 23-30) that is wrapped around the spring loaded pulley to keep the ball chain under tension no matter the telescoped position, the three or more arms 65 defining an internal volume in the second closed position configured to receiving a pet faeces (Fig. 5, col. 4, lines 9-16), and the three or more arms 65 including catches 78 configured to catch and hold a top elastic litter bag within the internal volume in the second closed position and the first open position (Figs. 2 and 5, col. 4, lines 8-16). DeJesus does not disclose that the trigger is configured to pull the ball chain when pulled on to open the three or more arms to the first open position, the trigger being configured to only engage with the ball chain when pulled on, and to allow the chain to pass freely through when the trigger is not pulled.
Patterson teaches for a pet litter pickup device with a first proximate end and a hand grip at the first proximate end; a second distal end and a picker at the second distal end, the picker having three or more arms, the hand grip comprising a picking mechanism, wherein: the picking mechanism is arranged to control movement of the three or more arms; the picking mechanism is activated by a trigger; and the picking mechanism is designed to function by being arranged to control movement of the three or more arms from a first open position to a second closed position, wherein: the picking mechanism comprises a spring loaded pulley 112 and a ball chain 108 that is wrapped around the spring loaded pulley 112 to keep the ball chain 108 under tension, the three or more arms defining an internal volume in the second closed position configured to receiving a pet faeces 102 and that the trigger 114 is configured to pull the ball chain when pulled on to open the three or more arms to the first open position 66, the trigger 114 being configured to only engage with the ball chain 108 when pulled on, and to allow the chain to pass freely through when the trigger 114 is not pulled for the purposes of disposing the pet faeces into a waste bin.
Since DeJesus and Patterson are both in the same field of endeavor the purpose disclosed by Patterson would have been recognized in the pertinent art of DeJesus. It would have been obvious at a time before the invention was effectively filed to a person having ordinary skill in the art to modify the picking mechanism and trigger of DeJesus such that the trigger is configured to pull the ball chain when pulled on to open the three or more arms to the first open position, the trigger being configured to only engage with the ball chain when pulled on, and to allow the chain to pass freely through when the trigger is not pulled for the purposes of disposing the pet faeces into a waste bin.
Regarding claim 2, DeJesus further discloses that the three or more arms 65 comprises four arms 65.
Regarding claim 3, DeJesus further discloses that the catches comprise reversed hooks.
Regarding claim 4, DeJesus further discloses that the catches are located toward a distal side of the three or more arms from the internal volume.
Regarding claim 8, DeJesus further discloses that the hand grip 22 comprises the trigger 82,99 for the picking mechanism.
Regarding claim 10, DeJesus further discloses that further comprising a bag holder (hook not numbered holding bag 130 in Fig. 5).
Regarding claim 11, DeJesus further discloses that the catches 78 are configured to catch and hold the elastic top of the top elastic litter bag when the elastic top rests against the catches.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over DeJesus and Patterson, as applied to claim 1 above. DeJesus discloses all of the claimed subject matter except for a member locking mechanism as spring loaded pins as claimed and depicted in figures 11-15
Regarding claims 5-7, official notice is taken that member locking mechanism as spring loaded pins as depicted in figures 11-15 are well known for locking and unlocking telescoping members. It would have been obvious at the time the invention was made to a person having ordinary skill in the art to modify the telescopic members of DeJesus to have a member locking mechanism as spring loaded pins as claimed as a matter of engineering expedience.
Claims 9 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over DeJesus and Patterson, as applied to claim 1 above, further in view of Jan (20110197825). Dejesus discloses all of the claimed subject matter except for a light source, a handle with a lead, and a connection mechanism to connect the pet litter pickup device to the handle, wherein the handle comprises a retractable lead, a lanyard attachment point, and the connection mechanism comprises a dock on the handle.
Jan teaches for a pet litter pickup device 30 and that there is (claim 9) a light source 88, (claim 12) a handle 62 with a lead 63, and a connection mechanism 64,26 to connect the pet litter pickup device 30 to the handle 62, wherein (claim 13) the handle comprises a retractable lead (paragraph [0054]), (claim 14) a lanyard attachment point 68, and (claim 15) the connection mechanism comprises a dock 64 on the handle for the purposes of dog walking at night and enabling the dog walker to carry the lead and pickup tool together with only one hand.
Since DeJesus, Patterson, and Jan are all in the same field of endeavor the purpose disclosed by Jan would have been recognized in the pertinent art of DeJesus. It would have been obvious at a time before the invention was effectively filed to a person having ordinary skill in the art to further modify the pet litter pickup device of DeJesus to include a light source, a handle with a lead, a connection mechanism to connect the pet litter pickup device to the handle, wherein the handle comprises a retractable lead, a lanyard attachment point, and the connection mechanism comprises a dock on the handle for the purposes of dog walking at night and enabling the dog walker to carry the lead and pickup tool together with only one hand.
Prior Art
Prior art made of record but not relied upon is considered pertinent to Applicant's disclosure for showing other pet litter pick up devices and dog walking handles.
Contact Information
Any inquiry concerning this communication or earlier communication from the examiner should be directed to Thomas Lazo whose telephone number is (571) 272-4818. The examiner can normally be reached on Monday-Friday from 8:00 am to 4:30 pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor Nathaniel Wiehe, can be reached on (571) 272-8648. The fax phone number for this Group is (571) 273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/THOMAS E LAZO/Primary Examiner,
Art Unit 3745
February 24, 2026