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 Objections
Claim 1 and 13 are objected to because of the following informalities: change “wherein the drain opening fluidly coupled” to –wherein the drain opening is fluidly coupled--. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Price; Roger W. (US 7421978 B2; hereinafter Price), in view of Ohanian; Ara (US 11464206 B2), in view of McKinnon; Brenda et al. (US 5448966 A; cited on the IDS), in view of McDonough; Richard W. (US 5243931 A), in view of LEE JAE HO (KR 20130002687 A), in view of WATCHORN; Gary L. (US 20190110437 A1), in view of GIBBS JUDSON E (US 1722569 A; hereinafter Gibbs).
Regarding claim 1 Price discloses a small animal washing device for restraining and bathing a small animal (Fig. 1); (title), the small animal washing device comprising: a housing (Fig. 2; 4) shaped as a rectangular box structure (Fig. 1) comprising a bottom wall, a top wall, a first lateral wall, a second lateral wall, a back wall and a front wall (Col. 4, lines 38-55); a drain opening (19 including corresponding opening); (Col. 5, lines 59-64) located at a bottom of the housing; and a water inlet (14,17) for a hose and a corresponding water inlet tube (16) positioned on the housing (Fig. 1); wherein water is supplied through the water inlet and subsequently discharged onto the small animal via a plurality of water delivery apertures (15a,15g-h) positioned within the housing (Col. 5 lines 26-56); wherein the housing comprises at least two openings (5) for placing a user’s hands when washing the small animal; wherein the housing retains all water contained within while the small animal is being washed (abstract); and further wherein the housing is suitably sized so as to be portable and capable of temporarily housing the small animal during washing (Col. 8, lines 32-36); wherein the housing is transparent (Col. 8, lines 36-41); (corresponding to Plexi-glass®).
Price does not disclose wherein the housing is a waterproof coated housing. Ohanian teaches a waterproof coated housing (Col. 4, lines 58-67).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the housing of Price to be a waterproof coated housing, as taught by Ohanian, in order to increase the available materials for construction, thus allowing lower cost materials to be utilized, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Additionally, applicant has not provided criticality for the waterproof coating. [0040] states a material that is water resistant or waterproof may be used.
Price in view of Ohanian does not disclose wherein each of the plurality of water delivery apertures is an elongated nozzle mounted to and extending out of a back wall of the housing and directed centrally toward a center of the housing.
McKinnon teaches wherein each of the plurality of water delivery apertures is an elongated nozzle (Fig. 3; 74, 74’) mounted to and extending out of a back wall of the housing and directed centrally toward a center of the housing (Col. 5, lines 37-43).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the back wall of the housing of Price in view of Ohanian to include wherein each of the plurality of water delivery apertures is an elongated nozzle mounted to and extending out of a back wall of the housing and directed centrally toward a center of the housing, as taught by McKinnon, in order to provide more space within the housing.
Price in view of Ohanian and McKinnon does not disclose wherein the at least two openings comprise flap doors which seal and unseal the at least two openings.
McDonough teaches wherein the at least two openings comprise flap doors which seal and unseal the at least two openings (Fig. 1; 23, 30);(Col. 4, lines 46-60).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the two openings of Price in view of Ohanian and McKinnon to comprise flap doors, as taught by McDonough, in order to perform a desired grooming while minimizing the amount of wash water that exits the openings (Col. 4, lines 46-60).
Price in view of Ohanian, McKinnon, and McDonough does not disclose wherein the housing comprises a hinged lid secured to the back wall via hinges, and a locking element positioned on an edge of the hinged lid for securing the lid to the housing.
Lee, within the same field of endeavor, discloses wherein the housing comprises a hinged lid (Fig. 1; 170, 100) secured to the back wall via hinges, and a locking element (180) positioned on an edge of the hinged lid for securing the lid to the housing.
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the lid of Price in view of Ohanian, McKinnon, and McDonough to include a hinged lid secured to the back wall via hinges, and a locking element positioned on an edge of the hinged lid for securing the lid to the housing, as taught by Lee, in order to prevent the animal from escaping (page 3 of attached translation).
Price in view of Ohanian, McKinnon, McDonough, and Lee does not disclose three locking elements. However it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the single locking element to include three locking elements in order to improve the security of the device, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art, and since applicant has not disclosed criticality to the number of locking elements. The drawings show only one locking element positioned on a single edge of the hinged lid. Furthermore, it would have been obvious to try to place the locking elements along adjacent edges in order to further secure the lid to the housing, the modification is merely an obvious engineering design choice derived through routine tests and experimentation. The modification is merely “obvious to try” choosing from a finite number of identified, predictable solutions with a reasonable expectation of success.
Price in view of Ohanian, McKinnon, McDonough, and Lee does not disclose polycarbonate. Watchorn teaches polycarbonate [0031]. It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the transparent housing of Price in view of Ohanian, McKinnon, McDonough, and Lee to be polycarbonate, as taught by Watchorn, in order to provide a more durable and lightweight housing, and since has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Price in view of Ohanian, McKinnon, McDonough, Lee, and Watchorn does not disclose wherein the housing comprises a tray component with a bottom member and a raised perimeter; where the small animal sits on the tray component; wherein the tray component is tiltable such that water runs down to one end; and wherein the drain opening is fluidly coupled to both the tray component and the housing.
Gibbs teaches a tray component with a bottom member and a raised perimeter (Fig. 1; 30); where the small animal sits on the tray component (page 2; lines 7-9); wherein the tray component is tiltable (corresponding to the removable tray 30) such that water runs down to one end. (page 1, lines 97-105); wherein the tray component is tiltable such that water runs down to one end; and wherein the drain opening (32) is fluidly coupled to both the tray (30) component and the housing (page 1, lines 106-109).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the housing of Price in view of Ohanian, McKinnon, McDonough, Lee, and Watchorn, to include wherein the housing comprises a tray component with a bottom member and a raised perimeter; where the small animal sits on the tray component; wherein the tray component is tiltable such that water runs down to one end; and wherein the drain opening is fluidly coupled to both the tray component and the housing, as taught by Gibbs, in order to efficiently collect and direct fluid to a drain outlet (page 1, lines 100-105).
In combination, the device cited above would require the animal to sit in the tray during bathing.
Claims 8-9 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Price; Roger W. (US 7421978 B2; hereinafter Price), in view of Ohanian; Ara (US 11464206 B2), in view of McKinnon; Brenda et al. (US 5448966 A; cited on the IDS), in view of McDonough; Richard W. (US 5243931 A), in view of LEE JAE HO (KR 20130002687 A), in view of WATCHORN; Gary L. (US 20190110437 A1), in view of GIBBS JUDSON E (US 1722569 A; hereinafter Gibbs), in view of Ramsay; Jennifer et al. (US 8061304 B1; hereinafter Ramsay).
Regarding claim 8 Price in view of Ohanian, McKinnon, McDonough, Lee, Watchorn and Gibbs, as shown above, discloses all of the limitations of claim 7. Price in view of Ohanian, McKinnon, McDonough, Lee, Watchorn and Gibbs does not disclose wherein the bottom member of the tray component comprises a plurality of perforations for drainage. Ramsay teaches a plurality of perforations for drainage (Fig. 3a; 64).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the tray of Price in view of Ohanian, McKinnon, McDonough, Lee, Watchorn and Gibbs to include multiple perforations, as taught by Ramsay, in order to improve drainage.
Regarding claim 9 Price in view of Ohanian, McKinnon, McDonough, Lee, Watchorn, Gibbs, and Ramsay, as shown above, discloses all of the limitations of claim 8. Price in view of Ohanian, McKinnon, McDonough, Lee, Watchorn, and Gibbs does not disclose wherein the drain opening is a water release valve. Ramsay teaches wherein the drain opening is a water release valve (Fig. 3a; 75).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the drain opening of Price, in view of Ohanian, McKinnon, McDonough, Lee, Watchorn, and Gibbs to include a water release valve, as taught by Ramsay, in order to control the egress of water.
Regarding claim 11 Price in view of Ohanian, McKinnon, McDonough, Lee, Watchorn, Gibbs, and Ramsay, as shown above, discloses all of the limitations of claim 9. Price further discloses wherein the water inlet comprises an actuator valve (17a) for selectively opening or closing the water inlet tube (Col. 5, lines 22-28).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Price; Roger W. (US 7421978 B2; hereinafter Price), in view of LEE JAE HO (KR 20130002687 A), in view of GIBBS JUDSON E (US 1722569 A; hereinafter Gibbs), in view of McDonough; Richard W. (US 5243931 A), in view of Ohanian; Ara (US 11464206 B2), in view of McKinnon; Brenda et al. (US 5448966 A; cited on the IDS), in view of WATCHORN; Gary L. (US 20190110437 A1).
Regarding claim 13 Price discloses a small animal washing device for restraining and bathing a small animal (Fig. 1); (title), the small animal washing device comprising; a drain opening (19 including corresponding opening) located at a bottom of the housing; a water inlet (14, 17) for a hose and a corresponding water inlet tube (16) positioned on the housing; wherein water is supplied through the water inlet and subsequently discharged onto the small animal via a plurality of water delivery apertures (15a, 15g-h); (Col. 5 lines 26-56) positioned within the housing; wherein the housing comprises at least two openings (5) for placing a user’s hands when washing the small animal; and further wherein the housing retains all water contained within while the small animal is being bathed (abstract).
Price further discloses a lid (3) but lacks hinges; wherein the hinged lid comprises a locking element for securing the lid to the housing.
Lee, within the same field of endeavor, discloses wherein the housing comprises a hinged lid (Fig. 1; 170, 100), and a locking element (180) positioned on an edge of the hinged lid for securing the lid to the housing; wherein the hinged lid is pivoted downward in a horizontal orientation during use (Fig. 1).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the lid of Price to include hinges; wherein the hinged lid comprises a locking element positioned on an edged of the hinged lid for securing the lid to the housing, as taught by Lee, in order to prevent the animal from escaping (page 3 of attached translation).
Price in view of Lee does not disclose three locking elements positioned along adjacent edges of the housing. However it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the single locking element to include three locking elements in order to improve the security of the device, and since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. Furthermore, it would have been obvious to try to place the locking elements along adjacent edges in order to further secure the lid to the housing the modification is merely an obvious engineering design choice derived through routine tests and experimentation. The modification is merely “obvious to try” choosing from a finite number of identified, predictable solutions with a reasonable expectation of success. Applicant has not disclosed criticality to the number of locking elements. The drawings show only one locking element positioned on a single edge of the hinged lid.
Price in view of Lee does not disclose a tray component with a bottom member and a raised perimeter positioned within the housing; wherein the small animal sits on the tray component during bathing; wherein the tray component is tiltable such that water runs down to one end; wherein the drain opening is fluidly coupled to both the tray component and the housing.
Gibbs teaches a tray component with a bottom member and a raised perimeter (Fig. 1; 30); (corresponding to the tray being removable) wherein the tray component is tiltable (capable of being tilted based on the functional limitation in view of the removable tray) such that water runs down to one end (page 1, lines 97-105); and wherein the drain opening (32) is fluidly coupled to both the tray (30) component and the housing (page 1, lines 106-109).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the housing of Price, in view of Ramsay, to include a tray component with a bottom member and a raised perimeter positioned within the housing; wherein the small animal sits on the tray component during bathing; wherein the tray component is tiltable such that water runs down to one end; wherein the drain opening is fluidly coupled to both the tray component and the housing, as taught by Gibbs, in order to efficiently collect and direct fluid to a drain outlet (page 1, lines 100-105).
Price further discloses wherein the at least two openings comprise doors (9) which seal and unseal the at least two openings (Col. 6, lines 29-44), but lacks flap doors.
McDonough teaches wherein the at least two openings comprise flap doors which seal and unseal the at least two openings (Fig. 1; 23, 30);(Col. 4, lines 46-60).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the two openings of Price in view of Lee and Gibbs to comprise flap doors, as taught by McDonough, in order to perform a desired grooming while minimizing the amount of wash water that exits the openings (Col. 4, lines 46-60).
Price in view of Lee, Gibbs, and McDonough does not disclose wherein the housing is a waterproof coated housing. Ohanian teaches a waterproof coated housing (Col. 4, lines 58-67).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the housing of Price in view of Lee, Gibbs, and McDonough to be a waterproof coated housing, as taught by Ohanian, in order to increase the available materials for construction, thus allowing lower cost materials to be utilized, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Additionally, applicant has not provided criticality for the waterproof coating. [0040] states a material that is water resistant or waterproof may be used.
Price in view of Lee, Gibbs, McDonough, and Ohanian does not disclose a plurality of nozzles; and wherein each of the plurality of nozzles is an elongated nozzle mounted to and extending out of a back wall of the housing near a top of the back wall and is directed centrally toward a center of the housing.
McKinnon teaches a plurality of nozzles (Fig. 3; 74, 74’); and wherein each of the plurality of nozzles is an elongated nozzle mounted to and extending out of a back wall of the housing near a top of the back wall and is directed centrally toward a center of the housing (Col. 5, lines 37-43).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the back wall of the housing of Price in view of Lee, Gibbs, McDonough, and Ohanian to include a plurality of nozzles; wherein the plurality of nozzles is an elongated nozzle mounted to and extending out of a back wall of the housing and directed centrally toward a center of the housing, as taught by McKinnon, in order to provide more space within the housing.
Price in view of Lee, Gibbs, McDonough, Ohanian, and McKinnon does not disclose acrylonitrile butadiene styrene. Watchorn teaches acrylonitrile butadiene styrene [0031].
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the material of Price in view of Lee, Gibbs, McDonough, Ohanian, and McKinnon to be acrylonitrile butadiene styrene, as taught by Watchorn, in order to provide a more durable material, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice.
Claims 15, 17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Price; Roger W. (US 7421978 B2; hereinafter Price), in view of LEE JAE HO (KR 20130002687 A), in view of GIBBS JUDSON E (US 1722569 A; hereinafter Gibbs), in view of McDonough; Richard W. (US 5243931 A), in view of Ohanian; Ara (US 11464206 B2), in view of McKinnon; Brenda et al. (US 5448966 A; cited on the IDS), in view of WATCHORN; Gary L. (US 20190110437 A1), further in view of Ramsay; Jennifer et al. (US 8061304 B1; hereinafter Ramsay)
Regarding claim 15 Price in view of Lee, Gibbs, McDonough, Ohanian, McKinnon and Watchorn, as shown above, discloses all of the limitations of claim 13. Lee, Gibbs, McDonough, Ohanian, McKinnon and Watchorn does not disclose a liquid venturi unit. Ramsay teaches wherein the housing comprises a liquid venturi unit (Fig. 5; 32); (Cols. 7-8, lines 62-67 and 0-20).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the housing of Price in view of Lee, Gibbs, McDonough, Ohanian, McKinnon and Watchorn to include a liquid venturi unit, as taught by Ramsay, in order to provide a means for mixing an add-in, such as shampoo (Col. 7, lines 64-67).
Regarding claim 17 Price in view of Lee, Gibbs, McDonough, Ohanian, McKinnon, Watchorn, and Ramsay, as shown above, discloses all of the limitations of claim 13. Price in view of Lee, Gibbs, McDonough, Ohanian, McKinnon, and Watchorn does not disclose wherein the drain opening is a water release valve. Ramsay teaches wherein the drain opening is a water release valve (Fig. 3a; 75).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the drain opening of Price in view of Lee, Gibbs, McDonough, Ohanian, McKinnon, and Watchorn to include a water release valve, as taught by Ramsay, in order to control the egress of water.
Regarding claim 19 Price in view of Lee, Gibbs, McDonough, Ohanian, McKinnon, Watchorn, and Ramsay, as shown above, discloses all of the limitations of claim 18. Price further discloses wherein the water inlet comprises an actuator valve (17a) for selectively opening or closing the water inlet tube (Col. 5, lines 22-28).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Price; Roger W. (US 7421978 B2; hereinafter Price), in view of LEE JAE HO (KR 20130002687 A), in view of GIBBS JUDSON E (US 1722569 A; hereinafter Gibbs), in view of McDonough; Richard W. (US 5243931 A), in view of Ohanian; Ara (US 11464206 B2), in view of McKinnon; Brenda et al. (US 5448966 A; cited on the IDS), in view of WATCHORN; Gary L. (US 20190110437 A1), in view of Gadison; Diane et al. (US 8622027 B1; hereinafter Gadison).
Regarding claim 16 Price in view of Lee, Gibbs, McDonough, Ohanian, McKinnon, and Watchorn, as shown above, discloses all of the limitations of claim 13. Price in view of Lee, Gibbs, McDonough, Ohanian, McKinnon, Watchorn does not disclose a plurality of indicia. Gadison teaches a plurality of indicia (Col. 5, lines 54-65).
It would have been obvious to one of ordinary skill within the art before the effective filing date of the claimed invention to have modified the housing of Price in view of Lee, Gibbs, McDonough, Ohanian, McKinnon, Watchorn to include a plurality of indicia as taught by Gadison in order to provide function indicators to a user, such as on/off, for example.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive.
Applicant argued, “Gibbs does not teach wherein the drain opening is fluidly coupled to both the tray component and the housing”, but does not explicitly state the reasons as to why the prior art does not meet the claimed limitation.
The Examiner contends that the combination of references meet the claimed limitation due to the fact that Gibbs discloses a removably tray. The removable tray can then be tilted by a user to remove all of the remaining water left in the tray, directly into the housing, and then drained out of the drain opening. Thus, the travel of liquid would flow from the tray, to the housing, and out of the drain opening, which meets the limitation “wherein the drain opening is fluidly coupled to both the tray component and the housing”.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “drain conduit”) 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).
Conclusion
THIS ACTION IS MADE FINAL. 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 BRITTANY LOWERY whose telephone number is (571)270-3228. The examiner can normally be reached M-F 7 am-4 pm MST.
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/BRITTANY A LOWERY/Examiner, Art Unit 3644
/TIMOTHY D COLLINS/Supervisory Patent Examiner, Art Unit 3644