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 .
Claim Rejections - 35 USC § 112(b)
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 9, 6, 11–14, 21 and 22 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 9 is indefinite because the term “the waste collection device” lack antecedent basis. Additionally, Claim 9 recites a Markush group set forth using open-ended language rather than a closed transitional phrase, MPEP 2173.05(h)(i). The Markush group in question is “said securing element selected from a list of securing elements comprising...”.
Claims 6, 11–14 and 21–22 are indefinite because they depend on claim 9.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims are rejected as follows:
Claims 9, 11, 13–14 and 21 are rejected under 35 U.S.C. 103 as being obvious over Price, US 2016/0309972 A1 (“Price”).
Regarding claim 9:
Price discloses that a portable waste collection system (Price’s system as shown in Fig. 3, Price Fig. 3, [0054]) comprising:
a portable vacuum device (Price’s part in Fig. 3 similar to that shown in Fig. 2, Price Figs. 2–3, [0043] and [0054]) comprising a handle (Price’s handle 1, Price Fig. 3, [0043]), a motor having a fan (Price discloses a motor having a fan, Price [0028]) , and an open end (most distal end of tube 11 relative to handle 1, Price Fig. 2, [0045]) configured for sucking waste and debris into said portable vacuum device,
an attachment (Price’s floor attachment as shown in Fig. 5, Price Fig. 5, [0039]) configured for selectively interfacing with said portable vacuum device about said open end (see assembly in Fig. 3, Price Fig. 3):
said attachment (as shown in Price Fig. 5) comprising an opening (PRICE’S OPENING 18, Price Fig. 5, [0056])), an interior compartment (Price’s compartment 12 as shown in Fig. 5, Price Fig. 5, [0058]), and a connector (Price connector is labeled 26 on top in Fig. 5) having an open receiving end (as shown in Price Fig. 5);
said connector configured to connect the waste collection device into said open end of the portable vacuum device (as shown connected in Fig. 3 of Price);
the waste collection device configured to intake waste within said interior compartment via said opening when said portable vacuum device is operated (when operated, Price’s motor and fan structure located in the handle portion sucks air in the system via opening 18 located on the floor attachment, and then into the interior compartment 12 located in the floor attachment, Price Fig. 3, [0057]);
a collection bag (Price’s bag 13, Price Fig. 5, [0058]) within said interior compartment (12 of Price, Fig. 5), said collection bag (13 of Price) configured to receive and store waste entering said waste collection device (Price Fig. 5, [0057]);
wherein said attachment and said portable vacuum device are selectively separable via said connector (Price’s Fig. 5 shows floor attachment separated, Price Fig. 5).
Price does not disclose that said attachment (Price’s Fig. 5) further comprising a securing element for securing sides of said bag to an exterior face of said waste collection device, said securing element selected from a list of securing elements comprising: side wing retention clips; hinged clips; snaps; straps; ties; side wing retention bars; and adhesives.
However, Price discloses in its alternative embodiment, where the exterior of the distal end may be shaped in a variety ways to help the bag stay in place, for example, the distal end may be curled, have flaps or wings, Price, [0029]. Price also discloses that attachment area for a collection bag may include tacky material, adhesive, hooks, prongs or other means suitable for keeping a bag in place during vacuum operation, Price [0015]. Price also discloses that it is preferred to have a portion of the bag overlap onto the exterior of the distal end such that animal waste does not contact the device during use, Price, [0045]. It would therefore have been obvious for Price’s attachment to include securing element such as adhesives at an exterior face of the attachment similar to Price’s tube to help fix the waste bag in place during vacuum and avoid animal waste touching the device during vacuum.
Regarding claim 11:
Price discloses that the portable waste collection of claim 9, wherein said interior compartment is selectively openable along a hinge (Price discloses its floor attachment could be opened via lid 17, and the lid may be held in place by a hinge, which allow simple pressing back into position, Price Fig. 3, [0057]).
Regarding claim 13:
Price discloses that the portable waste collection system of claim 9, further comprising a collection bag (price’s bag 13) within said interior compartment 12, said collection bag 13 is configured to receive and store waste entering said waste collection device. Price Fig. 4, [0045].
Regarding Claim 14:
Price discloses the claimed limitation of the portable waste collection system of claim 9, further comprising at least one filter guard (Price’s one or more filter guards 10) is presented in the tube 11. Price Fig. 3, [0044].
Price does not disclose that the at least one filter guard 10 is located within the connector of the waste collection device.
However, Price discloses that the filter guard 10 could be located in the half, third, or even the most distal quarter of the tube 11. Price Fig. 3, [0044]. It is noted here that Price’s embodiment as shown in annotated Fig. 1 shows a tube with 3 parts, in this embodiment, the most distal quarter of the tube 11 (the end proximate handle 1) has to overlap with connector to ensure reliable connection. Therefore, the filter guard 10 located at the most distal quarter of tube 11 (the end near handle 1) would be located within the connector of the waste collection device as the connector overlaps with the distal quarter end of the tube 11.
Regarding claim 21:
Price discloses that the portable waste collection system of claim 9, further comprising:
a light (Price’s lights 25, Price Fig. 5, [0055]) affixed to said attachment (as shown in Fig. 5);
a power source powering said light (Price discloses its system may be operated by electrical cord, it would therefore have been obvious to use the same power source, such as electric cord or battery to power the light because they are part of the system for convenience and system integrity, Price Fig. 5, [0026]); and
a light switch configured to activate said light (Price discloses a light switch 4, Price Fig. 4, [0048]; noted here that Price discloses that the light switch 4 is configured to control light 7, it would have been obvious to use a similar light switch to control Price’s lights 25 because a light switch is disclosed in Price to operate lights in its system, and a person of ordinary skill in the art would be motivated to have control over the lights via switches for purpose of save energy while not in use).
Claim 6 is rejected under 35 U.S.C. 103 as being obvious over Price in view of Gordon et al., US 2017/0159254 A1 (“Gordon”).
Regarding claim 6:
Modified Price does not disclose that the portable waste collection system of claim 9, further comprising a raised bar lip adjacent to said opening of said attachment, said raised bar lip configured to secure said bag within said interior compartment.
Similar to Price, Gordon discloses a pet waste collection system 100. Gordon Fig. 1A, [0021]. Similar to Price, Gordon discloses its pet waste collection system 100 comprises retractable sections 212. Gordon Fig. 2, [0029]. Similar to Price, Gordon’s pet waste collection system 100 comprises collection bag 130. Gordon Fig. 1A, [0024]. Also similar to Price, Gordon, discloses a portable vacuum device comprising a handle 134, a vacuum suction device 142 and an open end 132. Gordon Fig. 1A, [0021], [0024] and [0025]. Additionally, Gordon discloses its open end 132 comprises a raised bar lip (any of Gordon’s pair of hooks 118A,118B, 120A & 120B, 122A and 122B and 124A & 124B). Gordon Fig. 1A, [0024]. Gordon discloses its raised bar lip is configured to hold waste collection bags 130 in place. Gordon discloses that its invention intended to provide consumers with a simple sanitary tool for the collection and discarding of pet waste. Gordon Abstract. It would have been obvious for one ordinary skilled in the art at the time of filing to use Gordon’s pet waste attachment such that pet waste could be collected in a simple sanitary tool. With such modification, modified Price would have Gordon’s open end 132 and inner compartment 136 with raised bar lips 118A,118B, 120A & 120B, 122A and 122B and 124A & 124B).
Claim 12 is rejected under 35 U.S.C. 103 as being obvious over Price in view of Gill et al., US 2008/0030032 A1 (“Gill”).
Regarding claim 12:
Price does not disclose that the portable waste collection system of claim 9, wherein said opening (18 of Price) of said waste collection device comprises a flap configured to be selectively opened and closed via a switch.
In the analogous art of portable waste collection systems, Gill discloses a flap 62 pivotable around 63, Gill Fig. 4, [0022]. Gill discloses its flap 62 is located at intake opening (Gill’s mouth 56, Gill Fig. 4, [0026]). Gill discloses its flap 62 is configured to be selectively opened and closed via a switch (i.e., Gill discloses a switch 34 controls the operating of suction motor 52 of the vacuum system, and when the switch 34 is on, the flap is pivot to an open position and when the switch is off, the flap is pivot to a closed position, Gill Fig. 4, [0026]). Gill discloses that such flap covers the intake 56 and traps the fecal matter 12 within intake chamber 55, Gill [0026]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to include such a flap at Price’s opening 18 for the purpose for traps the waste within Price’s attachment.
Claim 22 is rejected under 35 U.S.C. 103 as being obvious over Price in view of Lee et al., US 2010/0281642 A1 (“Lee”).
Regarding claim 22:
Price does not disclose that the portable waste collection system of claim 9, wherein said attachment via said connector is universally adaptable to any device capable of providing powered suction.
In the analogous art of portable waste collection systems, Lee discloses a collection system that are capable of attaching different attachments that could be inserted and locks into an attachment system 30, Lee Figs. 1 and 13, [0069]. Lee discloses an attachment joint 701 that is universal joint for any type of attachments, allowing different attachments to lock and fit into the attachment system 70, Lee Figs. 1 and 13, [0069]. It would therefore have been obvious for one ordinary skill in the art at the time of filing to make Price’s attachment via its connector universally connectable to any device capable of providing power suction because such idea is known in the art of waste collection systems. Additionally, a person of ordinary skill in the art would be motivated to make such universally adaptable attachments to increase market share and product compatibility.
Response to Arguments
Claim Rejections - 35 USC § 112(b)
The examiner drops the current rejection, however, new ground of rejections are made in view of the amendment, see details above.
Claim Rejections - 35 USC § 102 and § 103
The applicant argues that Price’s floor attachment is completely unique compared with the cited and known prior art, Applicant Rem. dated Nov. 12, 2025 (“Applicant Rem.”) p. 8. The applicant also argues that feature and functions claimed are not provided by Price, and the applicant calls for allowance, Applicant Rem. p. 8.
In response, the examiner points out that the applicant fails to specifically states what is the claimed unique feature compare to Price. A term-by-term mapping is provided in the rejection section in view of Price by the examiner above. Applicant’s argument is therefore not convincing.
Double Patenting
The examiner withdraws the current DP rejection in view of the amendment.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to QIANPING HE whose telephone number is (571)272-8385. The examiner can normally be reached on 7:30-5:00 M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jennifer Dieterle can be reached on (571) 270-7872. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Qianping He/Examiner, Art Unit 1776