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 .
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.
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.
Claim 10 is 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 10 recites the limitation “the circular cross-section further comprising: a first leg extending vertically and downwardly away from the handle, the first leg being engageable with the outflow end of the tube; and a second leg extending horizontally and outwardly away from the handle, the exhaust hole being positioned on the second leg.” It is unclear whether these refer to the same first and second legs recited in claim 1, from which claim 10 ultimately depends.
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 1-8 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Latimer (US 10292557) in view of White (US 6131239).
Regarding claims 1-8 and 11, Latimer teaches a vacuum and disposal apparatus (100) configured for retrieving and disposing of animal feces, the vacuum and disposal apparatus comprising:
a handle (122) being configured for being gripped by a user;
a rechargeable battery (battery 130 is rechargeable, see Latimer 7:8-14) attached to the handle (battery is attached at lower back of handle, see Latimer fig. 3);
a power button (on/off switch 128) being electrically coupled with the rechargeable battery, the power button being affixed to the handle (switch 128 may be positioned on the handle, see Latimer 7:22-27);
a housing affixed to the handle (remaining outer portions of the vacuum, see Latimer fig. 1), the housing having an exhaust hole (upper portion of waste module 202, see Latimer fig. 2) therein providing access to an interior space (hole on top of 202 provides access to interior of vacuum, see Latimer fig. 2), the housing being formed of plastic (plastic materials for body, see Latimer 8:53-65) the housing having a first leg (256) extending vertically and downwardly away from the handle (apparatus 100 may be tilted such that the direction in which 256 extends faces downwards, e.g. by rotating Latimer fig. 3 ~45º counterclockwise), and a second leg (lower portion of housing that interfaces with 202, see Latimer fig. 3) extending horizontally and outwardly away from the handle (rotating the apparatus as described above would result in the second leg at extending away from handle 112 and least partially in a horizontal direction), the exhaust hole being positioned on the second leg of the housing (the hole at the top of 202 is positioned on that portion of the housing);
a motor (148) being mounted within the interior space (lower portion of 148 is positioned in space defined by the upper hole of 202, see Latimer fig. 3), the motor being operably coupled with the rechargeable battery (motor 148 is powered by battery 130, Latimer 2:6-12);
a plastic bag removably coupled to the exhaust hole, the plastic bag being configured for disposal after a single use (bag 152 is coupled to upper portion of 202, see Latimer fig. 4; bag is disposable, see Latimer 2:63-64; bag is plastic, Latimer 9:61-10:12);
a bag clamp being engageable to the exhaust hole, wherein the bag clamp is configured for securing the plastic bag to the exhaust hole wherein waste material is directed into the plastic bag when the plastic bag is coupled to the exhaust hole (bag is clamped by combination of bag hooks and junction between 202 and upper module 102, see Latimer fig. 4 and 9:13-32);
a tube (combination of 252 and 254, see Latimer fig. 1) attached to the housing opposite the handle (a portion of the housing is between tube and handle 122, see Latimer fig. 2), the tube having a plurality of nested sections such that a length of the tube is adjustable (tubes 252 are nested with connectors 254 such that tubes may be removed to adjust length, see Latimer fig. 1), the tube having an outflow end proximate the housing and an intake end opposite the outflow end, the intake end having an opening therein configured to provide access to an interior channel extending through the tube (tube is hollow, see Latimer fig. 3) ;
the motor being activated and deactivated by manipulation of the power button (switch 128 is an on/off switch, see Latimer 7:22-27);
the vacuum being configured to create a suction force when the motor is activated that pulls the animal feces from the intake end, through the tube, and out of the exhaust hole into the waste container (motor pulls waste along waste path A, see Latimer fig. 3 and 8:23-36).
Latimer does not explicitly teach that the motor includes a vacuum blower being mounted within the interior space and being operably connected to the motor or that the vacuum and disposal apparatus has a height ranging between 3.5 feet and 5 feet.
However, it has been held that “in considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom.” MPEP § 2144.01, citing In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968). As Latimer teaches that the motor generates a suction flow, one of ordinary skill would infer that it teaches the presence of a mechanism capable of converting rotational motion into negative pressure such as a fan or impeller.
Additionally, although Latimer is silent as to the height of the apparatus, it would have been obvious to one having ordinary skill in the art before the effective filing date to modify the device such that it had a height of 3.5-5 feet, since it has been held that “where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device” Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 SPQ 232 (1984). In the instant case, modifying the height of the apparatus to fall within the range of 3.5-5 feet would simply ensure that it is appropriately sized for use by a human of average height. Further, it appears that applicant places no criticality on the claimed dimension.
Latimer as modified does not teach, explicitly or implicitly, the presence of a mulching blade, a pair of wheels attached to the intake end of the tube.
However, White teaches a device for removing yard debris including a mulching mechanism comprising:
a motor (30) operably coupled to both a vacuum blower (32) and a mulching blade (38), the vacuum blower being opposite the mulching blade from a waste separation portion (blower 32 and blade 38 are on opposite sides of waste separator that feeds particles into container 40, see White fig. 1)
It would have been obvious for one of ordinary skill in the art before the effective filing date to integrate the teachings of a mulching mechanism located on the opposite side of a waste separation container from a blower of White into the apparatus of Latimer as modified such that it included a mulching blade mounted within the interior space and being operably connected to the motor proximate the vacuum blower; the vacuum blower being opposite the mulching blade from the exhaust hole; the vacuum blower being configured to create a suction force when the motor is activated that pulls the animal feces from the intake end, through the tube, and into the mulching blade such that the mulching blade can shred the animal feces into the plurality of crumb particles, the vacuum blower being further configured to blow the plurality of crumb particles out of the exhaust hole into the waste container, as doing so would allow for more dense packing of waste in the bag (White 2:8-17).
White further teaches the inclusion of a pair of wheels on an intake end (wheels 18 are on intake end 16 of tube 12, see White fig. 1 and 1:53-59).
It would have been obvious for one of ordinary skill in the art before the effective filing date to integrate the teachings of support wheels from White into the apparatus of Latimer such that it included a pair of wheels attached to the intake end, wherein the pair of wheels are laterally displaced with respect to one another across the tube, as doing so would both improve the consistency of positioning the intake tube relative to the ground and reduce the weight supported by a user (White 1:53-67).
Claims 1 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Landolt (US 8916002) in view of White.
1. Landolt teaches a vacuum and disposal apparatus (10) configured for retrieving and disposing of animal feces (Landolt 4:27-29), the vacuum and disposal apparatus comprising:
a handle (44) being configured for being gripped by a user;
a power source attached to the handle (battery 54 is attached to the handle, see Landolt fig. 3, 4:5-14 and 4:56-63);
a power button (50) being electrically coupled with the power source, the power button being affixed to the handle (switch is on the handle and controls the supply of power from the battery, Landolt 1:56-2:5);
a housing (combination of container 12, upper and lower fan cases 32 and 34, and motor covers 42, see Landolt fig. 6) affixed to the handle (see Landolt figs. 3 and 6), the housing having an exhaust hole (14) therein providing access to an interior space (inside of 10 is accessible through bottom hole 14 in casing 12, see Landolt figs. 3 and 6)
the housing having a first leg (20) and a second leg (12), the first leg extending vertically and downwardly away from the handle (housing is capable of being rotated such that 20 extends downwardly in a direction away from handle 44, see Landolt fig. 2), the second leg extending horizontally and outwardly away from the handle (if oriented such that 20 extends downward, 12 would extend horizontally away from the handle 44), the exhaust hole being positioned on the second leg of the housing (hole 14 is on lower part of 12, see Landolt fig. 6);
a motor (38) being mounted within the interior space (motors 38 are within inside of cleaner, see Landolt figs. 6 and 8), the motor being operably coupled with the rechargeable battery (switch is on the handle and controls the supply of power to the motor from the battery, Landolt 1:56-2:5);
a vacuum blower (36) being mounted within the interior space and being operably connected to the motor (fans 36 are connected to motors 38 via shafts 40, see Landolt fig. 8);
waste container (60) removably coupled to the exhaust hole (60 is coupled to container 12, which includes the exhaust hole 14, see Landolt fig. 7);
a tube (24) attached to the housing opposite the handle (handle 44 is on an upper side, the tube is on a lower side, see Landolt fig. 7), the tube having an outflow end proximate the housing and an intake end opposite the outflow end, the intake end having an opening therein configured to provide access to an interior channel extending through the tube the interior channel being in fluid communication with the exhaust hole (hollow tube 24 has an intake at 26 and an outflow at other end and in fluid communication with 14, see Landolt fig. 7);
the vacuum blower being configured to create a suction force when the motor is activated that pulls the animal feces from the intake end, through the tube, and out of the exhaust hole into the waste container (suction force caused by motors draws waste into container, see Landolt 1:56-2:5).
Landolt does not teach, explicitly or implicitly, the presence of a mulching blade.
However, White teaches a device for removing yard debris including a mulching mechanism comprising:
a motor (30) operably coupled to both a vacuum blower (32) and a mulching blade (38), the vacuum blower being opposite the mulching blade from a waste separation portion (blower 32 and blade 38 are on opposite sides of waste separator that feeds particles into container 40, see White fig. 1)
It would have been obvious for one of ordinary skill in the art before the effective filing date to integrate the teachings of a mulching mechanism located on the opposite side of a waste separation container from a blower of White into the apparatus of Landolt as modified such that it included a mulching blade mounted within the interior space and being operably connected to the motor proximate the vacuum blower; the vacuum blower being opposite the mulching blade from the exhaust hole; the vacuum blower being configured to create a suction force when the motor is activated that pulls the animal feces from the intake end, through the tube, and into the mulching blade such that the mulching blade can shred the animal feces into the plurality of crumb particles, the vacuum blower being further configured to blow the plurality of crumb particles out of the exhaust hole into the waste container, as doing so would allow for more dense packing of waste in the container (White 2:8-17).
9. Landolt as modified teaches the vacuum and disposal apparatus of claim 1, wherein the housing has a circular cross-section (12 has a circular cross section, see Landolt fig. 6).
10. Landolt as modified teaches the vacuum and disposal apparatus of claim 9, the circular cross-section further comprising:
a first leg (20) extending vertically and downwardly away from the handle, the first leg being engageable with the outflow end of the tube (attachment opening 20 is coupled to the tube 24 and extends away from a rear portion of the handle and has a vertical dimension extending downward, see Landolt fig. 6); and
a second leg extending horizontally and outwardly away from the handle, the exhaust hole being positioned on the second leg (14 is positioned on a lower portion of 12 that extends away from the handle and has a dimension extending horizontally, see Landolt fig. 6).
Response to Arguments
Applicant's arguments filed 11 November, 2025 have been fully considered but they are not persuasive. Applicant’s arguments regarding the new limitation reciting the presence and relative orientations of first and second legs of the housing rely on an improperly narrow construction of the claims. First, applicant’s argument assigns improper weight to a particular orientation of the claimed apparatus relative to the prior art. The devices of the prior art are, as described in the above rejections, capable of being oriented such that they have first and second legs extending in directions having horizontal and vertical components. Second, applicant relies on certain features (i.e., improved weight distribution) that are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
For these reasons, applicant’s arguments are unpersuasive.
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 JONATHAN R ZAWORSKI whose telephone number is (571)272-7804. The examiner can normally be reached Monday-Thursday 8:00-5:00, Fridays 9:00-1:00.
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/J.R.Z./Examiner, Art Unit 3723
/MONICA S CARTER/Supervisory Patent Examiner, Art Unit 3723