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 .
Claims 1 and 3-20 are currently pending, with claims 6-7 and 13-19 withdrawn, and claims 1, 3-5, 8-12, and 20 considered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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.
Claims 1, 5, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kruger et al. (US 20130192529 A1), hereafter referred to as “Kruger.”
Regarding claim 1, Kruger discloses a portable watering system for animals (figs. 1-7A), comprising:
a vessel (100, 200, 300, 400, 500, 600; figs. 1-6) defining an internal volume (102) for holding a predetermined volume of water (paragraph [0013]), the vessel having at least one base side (106), and at least one front side opposite the base side (104);
the first side having a depression (110, 112) into the vessel forming a trough (112);
the trough having at least one aperture (multiple elements 122);
a removable sealing member (502; paragraph [0026]) adjacent to the at least one aperture (fig. 5);
wherein upon placing the at least one base side on a support surface and removing the removable seal covering the at least one aperture, water contained in the chamber enters the trough (paragraphs [0017] and [0026]); and
a removable and replaceable cover (118; paragraph [0015] and fig. 1) provided on the vessel on a side joining the base (106) and front side (104; fig. 1);
wherein the vessel is predominantly the form of a parallelepiped (see fig. 7A and paragraph [0031] disclosing the device having a parallelepiped shape);
wherein the cover allows the replenishment of water to the internal volume (paragraph [0017]);
whereby water is provided for consumption by an animal (paragraph [0017]).
Regarding claim 5, Kruger discloses the portable watering system for animals according to claim 1, and further discloses wherein the at least one aperture (multiple elements 122) further comprising:
at least one first aperture (122(2); fig. 1) and at least one second aperture (122(1); fig. 1);
the at least one first aperture is disposed adjacent to the bottom of the depression (110, 112; fig. 1);
the at least one second aperture is disposed adjacent to the top of the depression (fig. 2);
wherein the at least one first aperture allows water to flow from the interior of the vessel into the trough (paragraphs [0016]-[0017]), and wherein the at least one second aperture allows air to flow into the interior of the of the vessel (paragraphs [0016]-[0017]);
whereby an equilibrium of internal and external pressures about the vessel is established (paragraphs [0016]-[0017]).
Regarding claim 8, Kruger discloses the portable watering system for animals according to claim 1, and further discloses wherein the vessel is predominantly in the form of a parallelepiped (fig. 7A).
Regarding claim 9, Kruger discloses the portable watering system for animals according to claim 8, and further discloses wherein the parallelepiped is selected from the group containing: a rectangular cuboid, a square cuboid, or a cube (paragraph [0027] and fig. 7A).
Regarding claim 10, Kruger discloses the portable watering system for animals according to claim 9, and further discloses wherein the vessel is fabricated from plastic (paragraph [0013]) and reusable (abstract).
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.
Claims 3, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Kruger as applied to claims 2 and 9 above, and further in view of Zetouna (US 20200396961 A1), hereafter referred to as “Zetouna.”
Regarding claim 3, Kruger teaches the portable watering system for animals according to claim 1, but does not explicitly teach that the vessel is fabricated of biodegradable material, the removable seal is fabricated of biodegradable material, and the cover is fabricated of biodegradable material.
Zetouna teaches a portable watering system for animals (figs. 1-9) including a vessel (10) fabricated of biodegradable material (paragraphs [0028]-[0029], [0033]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable watering system of Kruger, such that the vessel, removable seal, and cover are fabricated of biodegradable material, as taught by Zetouna, in order to reduce pollution when disposed.
Regarding claim 11, Kruger teaches the portable watering system for animals according to claim 9, but does not explicitly teach that the vessel is fabricated from biodegradable materials.
Zetouna teaches a portable watering system for animals (figs. 1-9) including a vessel (10) fabricated from biodegradable materials (paragraphs [0028]-[0029], [0033]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable watering system of Kruger, such that the vessel is fabricated from biodegradable materials, as taught by Zetouna, in order to reduce pollution when disposed.
Regarding claim 12, Kruger as modified discloses the portable watering system for animals according to claim 11, and further teaches wherein the vessel is disposable (Kruger paragraph [0013]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kruger.
Regarding claim 4, Kruger teaches the portable watering system for animals according to claim 1, and further teaches that the vessel (100) is fabricated of reusable plastics (paragraph [0013]), but does not explicitly teach that the removable seal is fabricated of reusable plastics, and that the cover is fabricated of reusable plastics.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the portable watering system of Kruger, such that the removable seal and cover is also fabricated of reusable plastics, in order to simplify the production of the device and reduce costs of manufacturing by utilizing the same material for the vessel, cover, and seal, 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. In re Leshin, 125 USPQ 416.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Gann et al. (US 20220125009 A1), hereafter referred to as “Gann,” in view of Kruger.
Regarding claim 20, Gann teaches a pet watering device (100; figs. 1-6) comprising:
a substantially parallelepiped body (102; figs. 1-4, 6) having front side (top surface of 102; fig. 2), a base side (bottom surface of 102), and four other sides (four side surfaces of 102, as best shown in fig. 6), the body supporting an internal, self-contained volume of water disposed therein (104; fig. 3);
wherein the front side is opposite the base side (fig. 3 showing that the top surface is opposite to the bottom surface of 102);
a depression (108, 110) in the front side extending inwardly of the body (fig. 1), the depression defining a trough (110);
a plurality of connecting joinders (126, 130; fig. 6) on the interior of the body between the trough bottom and the opposite body wall (paragraph [0022] teaching that elements 130 and 126 couple between 110 and the bottom interior surface of 110; see also figs. 3-4 and 6), the connecting joinders preventing the trough from becoming deformed in the event of high ambient temperatures (structure and coupling of elements 130 and 126 strengthen the walls of 110 and bottom surface of 102);
at least two apertures disposed within the trough (132 and 134; fig. 4);
a port (160) designed and configured as a bottle neck having (figs. 2 and 6) a threaded end around the port (see figs. 2 and 6 showing a threaded end about 160);
wherein one of the at least two apertures is formed near the opened end of the trough (fig. 4) and adjacent to the bottle neck of the port (fig. 4); and
a closure (162) designed and configured as a corresponding threaded cap for the meshing with the threaded end (fig. 1 and paragraph [0027]);
wherein the threaded cap seals port by selectively engaging the threaded end (figs. 1-2 and 6; paragraph [0027]);
wherein the port is used to refill the internal volume with water upon selectively removing the threaded cap (element 160 is a “fill hole”; paragraph [0027]).
Gann does not explicitly teach a seal covering the at least two apertures;
the seal having a pull tab end for selectively grasping and removing the seal from the apertures; and
wherein the seal is selectively removable from, and replaceable to the at least one aperture.
Kruger teaches a pet watering device (figs. 1-7C) including a seal (502; fig. 5 and paragraph [0026]) covering at least two apertures (two elements 506 of element 502 covers at least two elements 122; see fig. 5 and paragraph [0026]), the seal having a pull tab end (one end of 502) for selectively grasping and removing the seal from the apertures (paragraph [0026]), and wherein the seal is selectively removable from, and replaceable to the at least one aperture (paragraph [0026]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the pet watering device of Gann to include a seal covering the at least two apertures, the seal having a pull tab end for selectively grasping and removing the seal from the apertures, and wherein the seal is selectively removable from, and replaceable to the at least one aperture, as taught by Kruger, in order to refill the device without wetting the trough when the device is not in use (paragraph [0026] of Kruger).
Response to Arguments
Applicant's arguments filed 10/02/2025 have been fully considered but they are not persuasive.
Regarding applicant's note at page 14, the examiner never said the claims would be considered as rejoined. The examiner merely said she would consider all arguments submitted in writing. As the election was made without traverse on 04/28/2025, the restriction is final.
Applicant argues, on pages 15-16, that Kruger does not anticipate the limitations of claim 1.
Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Applicant must discuss the references applied against the claims, explaining how the claims avoid the references or distinguish from them. As shown in the above rejection, Kruger discloses each and every limitation of independent claim 1.
Applicant argues, on pages 16-17, that Kruger does not anticipate the limitations of claim 13.
Claim 17 was previously withdrawn due to being directed to an unelected species, and applicant has incorporated the originally presented limitations of claim 17 into independent claim 13. As the election was made without traverse on 04/28/2025, the restriction is final. In the interview held on 07/22/2025, the examiner merely stated that as a courtesy, she would consider any further arguments regarding the restriction requirement submitted in writing.
Applicant argues, on pages 18-20, that Gann in view of Kruger does not teach “a seal covering the at least two apertures; the seal having a pull tab end for selectively grasping and removing the seal from the apertures”.
The examiner respectfully disagrees. Gann teaches openings 132 and 134 directed to both allowing ingress of fluid to the bowl 110 and controlling the level of fluid entering bowl 110. Kruger teaches openings 122, best shown in figure 3 and described in paragraphs [0016] and [0026], similarly directed to controlling liquid level and ingress of liquid into the bowl. Kruger further teaches seal 502 with a pull tab (one end of 502) for grasping and removing the seal to prevent release of liquid or air through the openings. Thus, it would have been obvious to modify the pet watering device of Gann to include a seal with the features above, in order to refill the device without wetting the trough when the device is not in use (paragraph [0026] of Kruger).
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessica Byun whose telephone number is (571) 272-3212. The examiner can normally be reached Monday - Friday, 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached on (571) 272-6891. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643