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 § 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.
Claims 1,6,11,12,14,15,23,27,31,44,63,69 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (KR 102004482 B1) in view of Ahn (WO 2018174350 A1).
For claim 1, Jeon teaches a litter device comprising:
a) a base (can be ref. 120 or ref. 220 OR both);
b) a chamber (interior space surrounded by ref. 220) rotatably supported by the base (ref. 200 rotates and supported by the base 120 per the translation: “A drum 200 installed at an inner side of the case 100 so as to be able to separate the defecation material including the cat excrement and the sand while being rotated by the driving force of the motor 510”, and “The upper case 110 includes a first locking member 112 having an inlet 111 formed on the front surface thereof and formed in a semicircular shape and provided with locking projections 112-1 on both sides thereof to be coupled to the lower case 120 Upper reinforcing protrusions (not shown) are formed in a lattice shape so as to maintain the shape of the inner side. The upper reinforcing protrusions are formed so as not to interfere with the rotation of the drum 200.”), the chamber having an entry opening (121 or 201), wherein the chamber is configured to hold a litter and to allow an animal to enter and excrete a waste;
c) a bonnet (110 or 210 or both) located at least partially over a portion of the chamber, wherein the chamber is located between the base and the bonnet;
d) a waste receptacle (250) in communication with the chamber and configured to receive the waste;
e) a bezel (fig. 1, the frame member of ref. 110, 120 that surrounds the entry opening) encircling about the entry opening; wherein the bezel is affixed to the base and the bonnet, wherein the bezel conceals a space formed between the chamber and the bonnet and conceals another space formed between the chamber and the base (a space and another space can be any areas, thus, any areas that the bezel covers are considered a space and another space between the chamber/bonnet and chamber/base), and wherein the bezel has an annular cross-sectional shape (fig. 1 shows the bezel as annular) such as to have an opening aligned with the entry opening; and
wherein the chamber is configured to rotate about an axis of rotation (500) for a cleaning cycle to be executed (as stated in the above excerpts from Jeon);
wherein the axis of rotation extends through the entry opening (fig. 1, ref. 500).
However, Jeon is silent about wherein the bezel is separated from and affixed to the base and the bonnet; and f) an entry barrier located adjacent to and/or within the entry opening, wherein the entry barrier is configured to open to allow the animal to enter and exit the chamber and to close to prevent access by one or more animals into the chamber, wherein the entry barrier includes one or more mating features which are engaged with the bezel such as to affix the entry barrier to the bezel; wherein the entry barrier includes one of the one or more entry barrier portions and wherein at least one of the one or more entry barrier portions is rotatable such as to place the entry barrier in a closed position such as to prevent entry into the chamber by the one or more animals, an open position such as to allow entry into the chamber and/or exit from the chamber by the animal, or both.
Ahn teaches a litter device comprising a bezel (31) is separated from and affixed to a base (10 or 10,20) and a bonnet (20 or 40); and f) an entry barrier (32) located adjacent to and/or within an entry opening (21), wherein the entry barrier is configured to open to allow the animal to enter and exit the chamber and to close to prevent access by one or more animals into the chamber, wherein the entry barrier includes one or more mating features (not numbered but can be seen in figs. 1-2 as the hinge and connection of ref. 32a to that of ref. 31) which are engaged with the bezel such as to affix the entry barrier to the bezel; wherein the entry barrier includes one of the one or more entry barrier portions (32a-32c) and wherein at least one of the one or more entry barrier portions is rotatable such as to place the entry barrier in a closed position such as to prevent entry into the chamber by the one or more animals, an open position such as to allow entry into the chamber and/or exit from the chamber by the animal, or both.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the bezel of Jeon be separated from and affixed to the base and the bonnet as taught by Ahn in order to provide for assemblage and dis-assemblage of the litter device for ease of shipment and/or storage.
In addition, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an entry barrier as taught by Ahn located adjacent to and/or within the entry opening of the litter device of Jeon, wherein the entry barrier is configured to open to allow the animal to enter and exit the chamber and to close to prevent access by one or more animals into the chamber, wherein the entry barrier includes one or more mating features which are engaged with the bezel such as to affix the entry barrier to the bezel as taught by Ahn, wherein the entry barrier includes one of the one or more entry barrier portions and wherein at least one of the one or more entry barrier portions is rotatable such as to place the entry barrier in a closed position and an open position such as to prevent entry into the chamber by the one or more animals as taught by Ahn in the litter device of Jeon in order to allow entry into the chamber and/or exit from the chamber by the animal, or both.
For claim 6, Jeon as modified by Ahn teaches the litter device of claim 1, wherein the entry barrier includes one or more rotating doors (as relied on Ahn, refs. 32 are rotating doors as stated in the translation), one or more iris openings, one or more folding doors, one or more sliding doors, one or more swing doors, or any combination thereof.
For claim 11, Jeon as modified by Ahn teaches the litter device of claim 1, (emphasis on Ahn since he was relied on for the entry barrier and its features) wherein the one or more entry barrier portions include a first barrier portion (any one of refs. 32a-32c, and/or hinge connection, of Ahn can be considered a first barrier portion) and a second barrier portion (any one of refs. 32a-32c, and/or hinge connection, of Ahn can be considered a second barrier portion).
For claim 12, Jeon as modified by Ahn teaches the litter device of claim 11, (emphasis on Ahn since he was relied on for the entry barrier and its features) wherein the first barrier portion remains fixed relative to the bezel, the bonnet, and the base (the hinge connection can be considered as a first barrier portion and it is fixed relative to the bezel, the bonnet, and the base, directly or indirectly), and wherein the second barrier portion is rotatable relative to the first barrier portion (ref. 32a can be considered as the second barrier portion that is rotatable relative to the hinge connection or the first barrier portion).
For claim 14, Jeon as modified by Ahn teaches the litter device of claim 12, (emphasis on Ahn since he was relied on for the entry barrier and its features) wherein the second barrier portion (32a) rotates about a rotational axis of the second barrier portion into the closed position, the open position, or both while the first barrier portion remains fixed (the hinge connection is fixed).
For claim 15, Jeon as modified by Ahn teaches the litter device of claim 1, (emphasis on Ahn since he was relied on for the entry barrier and its features) wherein at least one of the one or more entry barrier portions have a cross-sectional shape which is reciprocal with at least a portion of a cross- section shape of the entry opening, the bezel, or both (as shown in figs. 1-2 of Ahn).
For claim 23, Jeon as modified by Ahn teaches the litter device of claim 11, (emphasis on Ahn since he was relied on for the entry barrier and its features) wherein the entry barrier includes one or more frames (not numbered but the frame is the hinge connection which is a typical tubular sleeve and rod configuration making up the hinge connection as shown in fig. 3 of Ahn) which affix the entry barrier to the bezel.
For claim 27, Jeon as modified by Ahn teaches the litter device of claim 23, (emphasis on Ahn since he was relied on for the entry barrier and its features) wherein the one or more frames are removably affixed to the bezel (fig. 1 shows the parts are removably affixed to each other; not numbered but the frame is the hinge connection which is a typical tubular sleeve and rod configuration making up the hinge connection as shown in fig. 3 of Ahn and the hinge connection can be removed by removing the rod from the tubular sleeve of the hinge connection); and wherein the one or more frames are removably affixed to the bezel via an interference fit, a snap fit, or both (rod inside the tubular sleeve for the hinge connection in Ahn would be considered an interference fit).
For claim 31, Jeon as modified by Ahn teaches the litter device of claim 23, (emphasis on Ahn since he was relied on for the entry barrier and its features) wherein the one or more frames have a shape substantially reciprocal to a shape of the entry opening, the bezel, or both (as shown in figs. 1,3, the hinge connection matches “a” shape of the bezel).
For claim 44, Jeon as modified by Ahn teaches the litter device of claim 1, wherein the litter device includes one or more controllers (600 of Jeon), one or more communication modules, or both.
For claim 63, Jeon as modified by Ahn teaches the litter device of claim 1, wherein the waste receptacle is located in the base and below the chamber (Jeon, waste receptacle 250 is inside base 120 and portions of the waste receptacle are below chamber 220, and the whole waste receptacle is below chamber 210).
For claim 69, Jeon as modified by Ahn teaches the litter device of claim 1, (emphasis on Ahn since he was relied on for the bezel, the entry barrier and its features) wherein the bezel includes a front surface (can be any surface on the front, for example, figs. 2,3 where ref. 31 is pointing at can be a front surface) connected to an inner flange (see the examiner’s illustration below), wherein the front surface defines an outer surface of the bezel, and the inner flange defines the opening of the bezel, wherein the inner flange is the portion of the bezel which conceals the space and the another space; wherein the entry barrier includes a base member (32a) and projecting therefrom is a rear flange (mounted on the top portion of ref. 32a is the tubular sleeve for the hinge connection, which sleeve can be considered a rear flange projecting from the base member 32a); and wherein the entry barrier is affixed to the bezel such that the base member is adjacent to the inner flange and the rear flange abuts to a rear edge of the inner flange (fig. 3 shows the hinge connection and base member 32a is adjacent to various inner flanges as shown below in the examiner’s illustration, and the rear flange or the tubular sleeve abuts to the rear edge of at least the top inner flange as shown below and in fig. 3).
PNG
media_image1.png
497
469
media_image1.png
Greyscale
Claims 2-5,52 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon as modified by Ahn as applied to claims 1,44 above, and further in view of Loctin (FR 2584568 A1).
For claim 2, Jeon as modified by Ahn teaches the litter device of claim 1, but is silent about wherein the litter device includes one or more controllers, and optionally, one or more sensors; wherein either or both the one or more controllers and the one or more sensors are configured to sense one or more conditions; and wherein the entry barrier includes one or more drive sources in communication with the one or more controllers and which are configured to automatically open at least a portion of the entry barrier to expose the entry opening, configured to automatically close the at least the portion of the entry barrier to at least partially cover the entry opening, or both based upon the one or more sensors, the one or more controllers, or both sensing the one or more conditions.
Loctin teaches a litter device comprising one or more controllers (32), and optionally, one or more sensors (8,24); wherein either or both the one or more controllers and the one or more sensors are configured to sense one or more conditions (present of the animal in the enclosure by the sensor 24 is considered to be a condition); and wherein an entry barrier (6) includes one or more drive sources (7) in communication with the one or more controllers and which are configured to automatically open at least a portion of the entry barrier to expose the entry opening (5), configured to automatically close the at least the portion of the entry barrier to at least partially cover the entry opening, or both based upon the one or more sensors, the one or more controllers, or both sensing the one or more conditions (page 4 of the translation). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include sensors and controller as further taught by Loctin in the litter device of Jeon as modified by Ahn in order to provide automated control of entry of the door and cleaning the device based on conditions from the sensors reading.
For claim 3, Jeon as modified by Ahn and Loctin teaches the litter device of claim 2, (emphasis on Loctin since he was relied on for the sensor features) wherein the litter device includes the one or more sensors (8,24 of Loctin) which are configured to detect the one or more conditions (translation states: “A volumetric detector (24), capable of detecting the presence of an animal in the enclosure (4)”); and wherein the one or more conditions include an absence and/or a presence of the animal within proximity of the litter device, initiation and/or ending of the cleaning cycle, the presence of one or more litter conditions within the litter device, or any combination thereof.
For claim 4, Jeon as modified by Ahn and Loctin teaches the litter device of claim 2, (emphasis on Loctin since he was relied on for the sensor features) wherein the litter device includes the one or more sensors (8,24 of Loctin) which are configured to detect the one or more conditions (translation states: “A volumetric detector (24), capable of detecting the presence of an animal in the enclosure (4)”); and wherein the one or more conditions include the one or more animals entering a sensing field, the one or more animals leaving the sensing field, one or more identification tags entering the sensing field, the one or more identification tags leaving the sensing field, or a combination there (as stated in the excerpt above, the detector 24 of Loctin detects the animal in the enclosure and leaving the enclosure so that cleaning can start).
For claim 5, Jeon as modified by Ahn and Loctin teaches the litter device of claim 2, (emphasis on Loctin since he was relied on for the sensor features) wherein the controller (32 of Loctin) is configured to detect the one or more conditions and wherein the one or more conditions include a predetermined amount of time; and wherein the predetermined amount of time is an amount of time elapsed after the animal has exited the chamber, an amount of time prior to the cleaning cycle being initiated, an amount of time after the cleaning cycle has ended, or any combination thereof (translation states: “The device comprises an electrical control box (32), placed for example in its upper part above the wall (1). The control box (32) is connected, by a first series of electrical connections (33, 34, 35, 36), to the various detectors, namely: the contact (8) for detecting the closing of the door (6), the float contact (17) associated with the grinder (15), the contact (23) cooperating with the float (20) linked to the shutter (18), and the volumetric detector (24). Furthermore, the box (32) is connected, by electrical supply wires (37, 38, 39, 40), respectively to the motor (7) controlling the door (6), to the grinder (15), to the first solenoid valve (29) and to the second solenoid valve (31). The electrical control box (32) controls the automatic operation of the device, which is described below: The device, being powered up and connected to the water network, is usually in the waiting position, in which the shutter (18) closes the evacuation hole (13), while the door (6) remains open and leaves free access to the enclosure (4) through the opening (5).”.
Claims 36,52 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon as modified by Ahn and Loctin as applied to claims 1,2,4 above, and further in view of Triener (US 20120299731 A1).
For claim 36, Jeon as modified by Ahn and Loctin teaches the litter device of claim 4, wherein the litter device includes the one or more sensors, but is silent about wherein the one or more sensors include one or more identification sensors configured to sense the one or more identification tags within a proximity of the litter device.
Triener teaches a litter device comprising one or more identification sensors (102) configured to sense the one or more identification tags within a proximity of the litter device (para. 0042).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include one or more identification sensors as taught by Triener configured to sense the one or more identification tags within a proximity of the litter device of Jeon as modified by Ahn and Loctin in order to detect the animal so as to activate the device and to monitor the animal’s waste habit.
For claim 52, Jeon as modified by Ahn and Loctin teaches the litter device of claim 2, wherein the litter device includes the one or more sensors but is silent about the one or more sensors includes one or more image sensors.
In addition to the above, Triener also teaches the litter device includes one or more image sensors (para. 0042, the photographic cameras, video cameras, etc. for sensor 102).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include one or more image sensors as taught by Triener in the device of Jeon as modified by Ahn and Loctin in order to monitor the animal with real life images so as to activate the device and to monitor the animal’s waste habit.
Claims 45,46 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon as modified by Ahn as applied to claims 1,44 above, and further in view of Noh (KR 20180010459 A).
For claim 45, Jeon as modified by Ahn teaches the litter device of claim 44, but is silent about wherein the litter device is integrated into a network.
Noh teaches a litter device that is integrated into a network (translation: “Various kinds of information about pets stored in the memory 187 can be transmitted to the outside through the communication unit 192. The communication unit 192 may utilize various wireless communication methods capable of communicating with the outside such as a Wi-Fi network. Various information such as weight information, petition amount, defecation time, defecation time, etc. transmitted to the pet through the communication unit 192 can be received and stored by the pet management server. Thus, the information stored in the server can be confirmed by the user through the personal portable terminal, thereby allowing the user to manage the pets more efficiently.”). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have the litter device of Jeon as modified by Ahn be integrated into a network as further taught by Noh in order to allow the user to communicate with the litter device remotely so as to control the operation of the device.
For claim 46, Jeon as modified by Ahn and Noh teaches the litter device of claim 45, wherein the network includes a smart home system (the communication unit 192, wireless communication method, and Wi-Fi network as taught by Noh per claim 45 above are considered to be a smart home system).
Claims 65-68 are rejected under 35 U.S.C. 103 as being unpatentable over Jeon (as above) in view of Ahn (as above) and Loctin (as above).
For claims 65-68, the limitations have been explained in the above, thus, please see above.
Response to Arguments
Applicant’s arguments with respect to claims 1-6,11,12,14,15,23,27,31,36, 44-46,52,63,65-69 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. However, certain pertinent arguments for Jeon will be addressed herein.
Applicant argued that Claim 63: The Office Action does not present evidence or reasoning that the cited references alone or in combination teach or suggest wherein the waste receptacle is located in the base and below the chamber.
The base in Jeon can be ref. 120 or ref. 220 OR both because these elements constitute a base below the bonnet. The waste receptacle 250 is inside base 120 as stated in the translation and a portion of the waste receptacle is below chamber 220 because the waste receptacle 250 is mounted on ref. 241 in fig. 7, which show at least the bottom of the waste receptacle 250 being below at least the top portion of the chamber.
Applicant argued that claim 45: On p. 11, the Office Action concedes that Jeon as modified by Loctin is silent about wherein the litter device is integrated into a network, but then goes on to allege that Loctin teaches a litter device that is integrated into a network. Applicant cannot find such a passage in Loctin. As such, the Applicant is not properly put on notice as to what or how the Examiner intends to reject Claim 45 and finality should be withdrawn.
The examiner mis-typed “Loctin” but should have been Noh. However, one ordinary skill in the art would know from the rejection that the title of rejection for claim 45 is with Noh and the translation except is in Noh, assuming one would see that Loctin does not teach this, but would then go to Noh, for Noh was cited as the teaching. In any event, the examiner has corrected the mis-typed for claim 45. Since applicant filed an RCE, prosecution is re-opened, hence the final rejection is no longer pending because this non-final rejection is pending in response to the amendment to the claims. Thus, applicant’s request for “finality should be withdrawn” is not necessary.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SON T NGUYEN whose telephone number is (571)272-6889. The examiner can normally be reached 9:00 to 4:00.
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, Peter Poon can be reached at 571-272-6891. 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.
/Son T Nguyen/Primary Examiner, Art Unit 3643