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 .
Election/Restrictions
Applicant’s election of Group I, Species A, in the reply filed on October 28, 2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claims 6 and 15 are objected to because of the following informalities: Claims 6 and 12 depend on claims 2 and 12 respectively, but it appears they should depend on claims 1 and 10 since the claim is further limiting the actuator mechanism. Appropriate correction is required.
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 (i.e., changing from AIA to pre-AIA ) 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, and 11-12 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Flynn et al. (US 11,291,182 B2), hereinafter Flynn.
Regarding claim 1, Flynn discloses a device for indicating a fed status of at least one pet, the device comprising:
a housing (base member 200, and dish 400 in fig. 33);
a set of indicator members disposed at the housing (display 324, figs. 1 & 33) and each indicating a different fed status for the at least one pet (Para. [0075], “[t]he temporal display 324 displays a first temporal message when the scoop 100, 100a is in the first orientation (e.g., FIG. 9A or 10A) relative to the base member 200, 200a and a second temporal message when the scoop is in the second orientation (e.g., FIGS. 9F and 10F) relative to the base member 200, 200a”. Furthermore, Para. [0085] discloses that the temporal display 324 may display a plurality of temporal messages including a day indicator 322 and a plurality of morning-afternoon indicators 334. Examiner notes, the change in indicator 322 and 334 would indicate a different fed status);
an actuator mechanism (drive component 306, figs. 3 & 9A) in communication with the set of indicator members and configured to selectively cause independent movement of each of the set of indicator members such that a user is able to visually ascertain the fed status of the at least one pet (Paras. [0088-0091], as the scoop 100, 100a moves further into the scoop receiving cavity 218, the scoop 100 engages with the lever arm 340 which causes the drive component 306 to pivot. This causes the drive arm 342 to move in a second direction opposite to the first direction of the force until the drive arms 342 engage one of the teeth 328, as shown in fig. 9C. The force of the scoop upon the lever arm 340 is transmitted through the body 336 of the drive component 306, and the drive arms 342 engage the teeth 328, causing the wheel 304 to spin and therefore changing the indicator status).
Regarding claim 2, Flynn discloses the invention in claim 1, and further discloses further comprising at least one food bowl disposed within a top side of the housing (as shown in fig. 33, a pair of receptacles or bowls 402 is disposed within a top side of the dish 400 [i.e., the housing as set forth above in claim 1]).
Regarding claim 3, Flynn discloses the invention in claim 2, and further discloses wherein the set of indicator members include number indicia (Para. [0085], “the temporal messages may include a time indicator, a countdown timer, or any other suitable temporal indicator”).
Regarding claim 11, Flynn discloses a device for indicating a fed status of at least one pet, the device comprising:
a housing (base member 200, and dish 400 in fig. 33);
at least one food bowl disposed within a top side of the housing (as shown in fig. 33, a pair of receptacles or bowls 402 is disposed within a top side of the dish 400);
a set of indicator members disposed at the housing (display 324, figs. 1 & 33) and each indicating a different fed status for the at least one pet (Para. [0075], “[t]he temporal display 324 displays a first temporal message when the scoop 100, 100a is in the first orientation (e.g., FIG. 9A or 10A) relative to the base member 200, 200a and a second temporal message when the scoop is in the second orientation (e.g., FIGS. 9F and 10F) relative to the base member 200, 200a”. Furthermore, Para. [0085] discloses that the temporal display 324 may display a plurality of temporal messages including a day indicator 322 and a plurality of morning-afternoon indicators 334. Examiner notes, the change in indicator 322 and 334 would indicate a different fed status);
an actuator mechanism (drive component 306, figs. 3&9A) in communication with the set of indicator members and configured to selectively cause independent movement of each of the set of indicator members such that a user is able to visually ascertain the fed status of the at least one pet (Paras. [0088-0091], as the scoop 100, 100a moves further into the scoop receiving cavity 218, the scoop 100 engages with the lever arm 340 which causes the drive component 306 to pivot. This causes the drive arm 342 to move in a second direction opposite to the first direction of the force until the drive arms 342 engage one of the teeth 328, as shown in fig. 9C. The force of the scoop upon the lever arm 340 is transmitted through the body 336 of the drive component 306, and the drive arms 342 engage the teeth 328, causing the wheel 304 to spin and therefore changing the indicator status).
Regarding claim 12, Flynn discloses the invention in claim 11, and further discloses wherein the set of indicator members include number indicia (Para. [0085], “the temporal messages may include a time indicator, a countdown timer, or any other suitable temporal indicator”).
Claim(s) 1, 2, 4-6, and 11-15 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Arthur (US 2012/0285385 A1).
Regarding claim 1, Arthur discloses a device for indicating a fed status of at least one pet, the device comprising:
a housing (base assembly 120b, fig. 1a);
a set of indicator members disposed at the housing (symbols 132, fig. 1a) and each indicating a different fed status for the at least one pet (for symbol 132: Para. [0025], “[p]anel 148a includes a slideable portion selector 126, which is set to select a portion size it is desired to feed a pet, such as a dog”. As shown in figs. 1a-1c, the selector 126 indicates if a puppy 134, a small dog 135, a medium dog 136, or a large dog 137 are being fed. Therefore, as the indicator switches from one emblem to the next, this indicates a different fed status for at least one pet);
an actuator mechanism (slideable portion selector 126, figs. 1a-1c) in communication with the set of indicator members and configured to selectively cause independent movement of each of the set of indicator members such that a user is able to visually ascertain the fed status of the at least one pet (as shown in figs. 1a the selector 126 is proximate to a puppy emblem 134 to indicate a portion size for a puppy, and in fig. 1b, the slideable portion selector 126 is proximate to medium dog emblem 136 in fig. 1b to indicate a portion size for a medium sized dog).
Regarding claim 2, Arthur discloses the invention in claim 1, and further discloses further comprising at least one food bowl disposed within a top side of the housing (as shown in fig. 1a, base assembly 120b [i.e., the housing as set forth above in claim 1] supports container 110).
Regarding claim 4, Arthur discloses the invention in claim 2, and further discloses wherein the set of indicator members each include at least one of a shape and indicia representative of an animal feature (as shown in fig. 1a, portion symbols 132 are represented by an icon of a dog).
Regarding claim 5, Arthur discloses the invention in claim 2, and further discloses wherein the set of indicator members each include at least one of a shape and indicia representative of a pet related item (as shown in fig. 1a, portion symbols 132 are represented by an icon of a dog).
Regarding claim 6, Arthur discloses the invention in claim 2, and further discloses wherein the actuator mechanism includes at least one manually operated control member (as shown in fig. 1a, the slideable portion selector 126 is a manually operated control member).
Regarding claim 11, Arthur discloses a device for indicating a fed status of at least one pet, the device comprising:
a housing (base assembly 120b, fig. 1a);
at least one food bowl disposed within a top side of the housing (as shown in fig. 1a, base assembly 120b [i.e., the housing as set forth above in claim 1] supports container 110);
a set of indicator members (symbols 132, fig. 1a) disposed at the housing and each indicating a different fed status for the at least one pet (for symbol 132: Para. [0025], “[p]anel 148a includes a slideable portion selector 126, which is set to select a portion size it is desired to feed a pet, such as a dog”. As shown in figs. 1a-1c, the selector 126 indicates if a puppy 134, a small dog 135, a medium dog 136, or a large dog 137 are being fed. Therefore, as the indicator switches from one emblem to the next, this indicates a different fed status for at least one pet);
an actuator mechanism (slideable portion selector 126, figs. 1a-1c) in communication with the set of indicator members and configured to selectively cause independent movement of each of the set of indicator members such that a user is able to visually ascertain the fed status of the at least one pet (as shown in figs. 1a the selector 126 is proximate to a puppy emblem 134 to indicate a portion size for a puppy, and in fig. 1b, the slideable portion selector 126 is proximate to medium dog emblem 136 in fig. 1b to indicate a portion size for a medium sized dog).
Regarding claim 12, Arthur discloses the invention in claim 11, and further discloses a set of indicator members, wherein the set of indicator members include number indicia (Para. [0053], “[t]he feed weight portion will be displayed in predetermined units on the LCD screen. The predetermined units can be of many different types, such as grams and pounds”. Examiner notes, the portion symbols 132 which represent the feed weight portion will be displayed on the LCD screen.)
Regarding claim 13, Arthur discloses the invention in claim 12, and further discloses wherein the set of indicator members each include at least one of a shape and indicia representative of an animal feature (as shown in fig. 1a, portion symbols 132 are represented by an icon of a dog).
Regarding claim 14, Arthur discloses the invention in claim 12, and further discloses wherein the set of indicator members each include at least one of a shape and indicia representative of a pet related item (as shown in fig. 1a, portion symbols 132 are represented by an icon of a dog).
Regarding claim 15, Arthur discloses the invention in claim 12, and further discloses wherein the actuator mechanism includes at least one manually operated control member (as shown in fig. 1a, the slideable portion selector 126 is a manually operated control member).
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim(s) 6-7 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Flynn as applied to claims 1 and 12 above, respectively, and further in view Slayton (US 1,627,208 A).
Regarding claims 6 and 15, Flynn discloses the invention in claims 2 and 12 above, respectively, but does not appear to specifically disclose wherein the actuator mechanism includes at least one manually operated control member.
However, Slayton is in the field of indicating devices (Abstract) and teaches at least one manually operated control member (as shown in figs. 1 & 2, a pair of stems 2 and 3 are rotatably mounted, and have an end portion projecting through a side wall of the casing and connected to these end portions are knobs 4. Loosely mounted on the stem 2 are blocks 5 and 6, and as the knob rotates the blocks are rotated).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide an additional actuator mechanism to Flynn such that there was a knob positioned at the end of the spindle 326 extending through a side wall of the housing, as taught by Slayton, such that a user can manually operate the control member in the case that the wheel of Flynn fails to rotate. Furthermore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the invention of Flynn such that there was a manually operated control member to reverse unintended operation.
Regarding claims 7 and 16, Flynn in view of Slayton discloses the invention in claims 6 and 15 above, respectively, and the combination further discloses wherein at least one manually operated control member includes a rotary control (Slayton: as set forth above in claim 6, knob 4 [i.e., the rotary control] is provided at the end of the stem 2), wherein the actuator mechanism further includes a rotary control shaft attached to the rotary control at one end and attached to the set of indicator members at an opposite end (as shown in fig. 2 of Slayton, one end of stem 2 is attached to the knob 4, and the other end of stem 2 is attached to the blocks 5 and 6. Examiner notes, as set forth above in claim 6, as a result of modifying the shaft of Flynn in view of Slayton the knob would be positioned at the end of the shaft), and wherein rotation of the rotary control causes rotational movement of the set of indicator members (as shown in fig. 1 of Slayton).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure: See PTO 892.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NEVENA ALEKSIC whose telephone number is (571)272-1659. The examiner can normally be reached Monday-Thursday 8:30am-5:30pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kimberly Berona can be reached at (571)272-6909. The fax phone number for the organization where this application or proceeding is assigned 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.
/N.A./Examiner, Art Unit 3647
/Christopher D Hutchens/Primary Examiner, Art Unit 3647