Prosecution Insights
Last updated: April 19, 2026
Application No. 18/393,897

APPARATUS FOR LOCATIONAL CONTROL OF ANIMAL VOIDING AND METHOD THEREFOR

Non-Final OA §102§103§112§DP
Filed
Dec 22, 2023
Examiner
TRUONG, KATELYN T
Art Unit
3647
Tech Center
3600 — Transportation & Electronic Commerce
Assignee
Halter Usa Inc.
OA Round
1 (Non-Final)
56%
Grant Probability
Moderate
1-2
OA Rounds
2y 6m
To Grant
94%
With Interview

Examiner Intelligence

Grants 56% of resolved cases
56%
Career Allow Rate
161 granted / 287 resolved
+4.1% vs TC avg
Strong +38% interview lift
Without
With
+38.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 6m
Avg Prosecution
32 currently pending
Career history
319
Total Applications
across all art units

Statute-Specific Performance

§103
47.3%
+7.3% vs TC avg
§102
19.7%
-20.3% vs TC avg
§112
27.9%
-12.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 287 resolved cases

Office Action

§102 §103 §112 §DP
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. Application Status Claims 1-20 are pending , claims 1-12 have been examined in this application. Claims 13-20 are withdrawn as being drawn to a non-elected invention. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55. Information Disclosure Statement As of the date of this action, an information disclosure statement (IDS) has been filed on 12/22/2023 and reviewed by the Examiner. Election/Restrictions Applicant's election with traverse of Invention I claims 1-12 in the reply filed on 02/18/2026 is acknowledged. The traversal is on the ground(s) that the inventions possess the same inventive concept and possesses the same core features . This is not found persuasive because the inventions are distinct and can have different applications , and do not require the same limitations or technical features of the other inventions . As an example, the apparatus Invention I is capable of performing a materially different process such as a process of training an animal not to void when a particular stimulus is applied , as the specific method steps required in the method are not required in the apparatus, th e method invention II is capable of being performed with a materially different apparatus such as a wearable apparatus such as a harness or a leg cuff as it lacks any requirement of the same technical features of the apparatus , and the system invention III is a combination of features which does not require all the specifics of the subcombination , where the subcombination may be an apparatus which is capable of initiate training, monitor wellbeing, or location. It’s due to these differences in application that the inventions are deemed as being distinct from each other and therefore would be an unnecessary burden to examine all three. However, it is noted that the claims may be rejoined if they include all of the limitations of the elected claim if it becomes allowable. The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined. In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01. The requirement is still deemed proper and is therefore made FINAL. 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 appl icant regards as his invention. Claim 11 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 11 “the cueing stimulus” lacks antecedent basis. Claim 11 is not dependent on claim 9 which previously recites “the cueing stimulus” Claim Rejections - 35 USC § 102 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 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. Claim(s) 1, 4-12 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by (CN 112205317 A) to Sun . In regards to claim 1 , Sun anticipates o ne or more wearable devices configured to be worn by an animal and operable to stimulate said animal, the one or more wearable devices together comprising: a. an animal activity sensing device configured to sense animal activity data indicative of an initiation of, or an occurrence of, voiding by said animal (Sun; the pet training device having a judging mechanism for judging whether the pet has excreted) ; b. at least one stimulus device operable to administer at least one form of stimulus to the animal (Sun; vibrator, loudspeaker; administering a vibration or soft music) ; and c. a controller configured to determine the initiation of, or an occurrence of, voiding based on the activity data, and in response, operate the at least one stimulus device to administer at least one form of stimulus to the animal (Sun; control circuit board connected to the vibrator, the judging mechanism judges the pet is to be excreted, the area detecting mechanism detects that the pet is not in the virtual area, the interference mechanism works, interfering pet excretion, so that it cannot be excreted; see machine translation) . In regards to claim 4 , Sun anticipates t he one or more wearable devices as claimed in claim 1, wherein the activity sensing device comprises at least one of: an inertial measurement unit, an accelerometer, a device configured to determine animal orientation, and a device configured to determine movement (Sun; has a gyroscope (detects orientation/angular velocity area detecting mechanism to detect the location of the pet with respect to the virtual area, see machine translation), . In regards to claim 5 , Sun anticipates t he one or more wearable devices as claimed in claim 1, where th e controller is configured t o a. determine the initiation, or occurrence, of voiding by said animal (Sun; “the judging mechanism judges that the pet is to be excreted”) , and in response; b. determine animal orientation based on animal activity data sensed by the activity sensing device (Sun; “the area detecting mechanism detects the pet is not in the virtual area” or “the area detecting mechanism detects that the pet is in the virtual area”) ; c. operate the at least one stimulus device to thereby apply a moving stimulus to one ear of the animal to thereby encourage the animal to re-orient (Sun; “interference mechanism works, interfering pet excretion, so that it cannot be excreted” the vibration; or “loudspeaker to play the soft music, prompting the pet to enter the virtual area”) ; and d. continue to operate the at least one stimulus device to thereby apply said moving stimulus until the controller has determined the animal has reoriented (Sun; “the pet is in the virtual area, the interference mechanism keeps the non-working state, does not affect excretion of the pet”; the interference mechanism is in a working state when the location is not within the virtual area, and then swaps to a non-working state when in the virtual area) . In regards to claim 6 , Sun anticipates t he one or more wearable devices as claimed in claim 5, wherein the controller is configured to: determine the initiation of or occurrence of voiding by said animal (Sun; “the judging mechanism judges that the pet is to be excreted”) , and in response, operate the at least one stimulus device to thereby apply the moving stimulus to the animal to thereby encourage the animal to move, turn, or re-orient in order to increase the void area (Sun; “interference mechanism works, interfering pet excretion, so that it cannot be excreted” the vibration; or “loudspeaker to play the soft music, prompting the pet to enter the virtual area” the virtual area being the void area, where stimulus is applied to direct the animal to the virtual area and is encouraged to orient itself with respect to the virtual area such that the animal can excrete; size of the virtual area can be increased or decreased based on the positions of the locating columns; see machine translation) . In regards to claim 7 , Sun anticipates t he one or more wearable devices as claimed in claim 1, wherein the wearable device further comprises a position sensing device configured to determine a location of said animal (Sun; area detecting mechanism detects that the pet is/is not in the virtual area; gyroscope; detects location with respect to the virtual area) . In regards to claim 8 , Sun anticipates t he one or more wearable devices as claimed in claim 7, wherein the controller is configured to receive a list of predetermined target locations appropriate for the animal to void (Sun; the virtual area; this being with respect to locating columns and can be a urine pad, a rectangular basin filled with cat excrement) . In regards to claim 9 , Sun anticipates t he one or more wearable devices as claimed in claim 8, wherein the controller is further configured to a. determine if the animal is not initiating voiding or voiding (Sun; “the judging mechanism judges that the pet is to be excreted”) ; and b. determine if the location of said animal matches a predetermined target location (Sun; “the area detecting mechanism detects that the pet is in the virtual area”) , and if so: c. operate the at least one stimulus device to apply a cueing stimulus to the animal (Sun; “loudspeaker to play the soft music, prompting the pet to enter the virtual area”) . In regards to claim 10 , Sun anticipates t he one or more wearable device as claimed in claim 8, wherein the controller is further configured to a. determine the animal is initiating voiding or voiding based on the animal activity data sensed from the activity sensing device (Sun; “the judging mechanism judges that the pet is to be excreted”) ; b. determine if the location of said animal is at the predetermined target location (Sun; “the area detecting mechanism detects that the pet is in the virtual area”) ; and if so c. operate the at least one stimulus device to apply a training stimulus to the animal (Sun; “loudspeaker to play the soft music, prompting the pet to enter the virtual area”) . In regards t o claim 11 , Sun anticipates t he one or more wearable devices as claimed in claim 10, wherein the cueing stimulus and training stimulus a re the same or substantially the same stimulus (Sun; “loudspeaker to play the soft music, prompting the pet to enter the virtual area”; the soft music being both a training stimulus to train the pet to know to excrete at a specific area, as well as a cueing stimulus to let a pet know they can excrete at a certain position rather than being interfered with) . In regards to claim 12 , Sun anticipates t he one or more wearable devices as claimed in claim 8, wherein the target location is one or more selected from: a. a location comprising nitrogen or other chemically deficient areas; b. a location comprising carbon-rich soil; c. a location comprising a preferred soil macro-porosity; d. an environmentally friendlier location than the animal's current location; e. a location which is higher than the current location, or of a minimum height; f. a location comprising lower quality pasture; g. a location comprising an effluent catchment area or like location; h. a milking shed, yard, or part thereof; i. a stand-off pad; and j. a urine collection area (Sun; urine collecting area such as “rectangular urine pad” or “rectangular basin filled with cat excrement”) . 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. Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over (CN 112205317 A) to Sun in view of (US 20180235182 A1) to Bockneck . In regards to claim 2 , Sun teaches t he wearable device as cl aimed in claim 1, but fails to teach wherein the one or more wearable devices comprise a collar configured to be worn around the neck of said animal. Bockneck teaches wherein the one or more wearable devices comprise a collar configured to be worn around the neck of said animal ( Bockneck ; 260, in addition to 250) . It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Sun such that it additionally uses a collar in addition to its tail device such as taught by Bockneck . The motivation for doing so would be to allow for the user to collect information through various sensors on the body of the animal which are in communication with each other to determine biological signals to estimate the animal’s condition for training before communicating with the base station. In regards to claim 3 , Sun as modified by Bockneck teaches t he wearable device as claimed in claim 2, wherein the one or more wearable devices further comprise a tail device configured to be worn proximal to, or on, said animal's tail (Sun; pet training device is worn on or proximal to the animal’s tail) ( Bockneck ; 250 is a tail piece) , and to wirelessly communicate to the collar device ( Bockneck ; [0145-0146] where the collar and tail piece are paired to communicate wirelessly, see FIG 2B) , wherein the tail device comprises a tail controller and data transmission device (Sun; control circuit board; wireless receiving module connected with the control circuit board to communicate with the wireless emitting module installed in the locating columns) ( Bockneck ; [0069-0076] the wearable supports both having transmitters for transmitting signals) , the tail controller configured to: a. receive the animal activity data from the activity sensing device (Sun; the pet training device having a judging mechanism for judging whether the pet has excreted) ( Bockneck ; [0075] second sensor for sensing second biological attribute and generating a second signal) ; and b. operate the data transmission device to send the animal activity data to the collar device ( Bockneck ; [0076] transmitting the second signal; see also [0077-0079] where the signals are transmitted between the tail piece and the collar) . Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20100036277 A1 to Austin teaches a tail mounted sensor and a collar mounted sensor. US 20100030036 A1 to Mottram teaches sensors mounted to the neck and to areas adjacent to or near a tail. Any inquiry concerning this communication or earlier communications from the examiner should be directed to FILLIN "Examiner name" \* MERGEFORMAT KATELYN T TRUONG whose telephone number is FILLIN "Phone number" \* MERGEFORMAT (571)272-0023 . The examiner can normally be reached FILLIN "Work Schedule?" \* MERGEFORMAT Monday - Friday: 8-6 . 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, FILLIN "SPE Name?" \* MERGEFORMAT KIMBERLY BERONA can be reached at FILLIN "SPE Phone?" \* MERGEFORMAT (571) 272-6909 . 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. /KATELYN T TRUONG/ Primary Examiner, Art Unit 3647
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Prosecution Timeline

Dec 22, 2023
Application Filed
Mar 20, 2026
Non-Final Rejection — §102, §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
56%
Grant Probability
94%
With Interview (+38.2%)
2y 6m
Median Time to Grant
Low
PTA Risk
Based on 287 resolved cases by this examiner. Grant probability derived from career allow rate.

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