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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 15 September 2025 has been entered.
Claim Objections
Claims 1, 4, & 5 are objected to because of the following informalities: lines 2-3 of each claim should be reviewed for readability, and provided with a subject for each claim phrase. Appropriate correction is required.
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, 2, & 6 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being disclosed by Chiu (US 20020078899 A1).
For Claim 1, Chiu discloses a potty training device (title, disclosure) comprising:
a support member (flat platform 3 and/or board(s) 4/5) providing a support surface for supporting a pet (Fig. 2 and ¶0002) and configured to be mounted on a toilet seat (extending over 13 which represents the toilet seat) including an opening disposed in a middle portion thereof (center opening 6), wherein at least a portion of the support surface is configured to receive a defecation inducing substance (the top of each of platforms 3, 4, & 5, is flat, providing a surface which is capable of receiving such a substance); and
an interfering member (upright fencing wall 2) disposed on the support member to hinder the pet from defecating in the defecation inducing substance (substance which is held near the wall 2 would, in the same manner as the instant invention, be blocked from being soiled upon);
wherein the support member comprises:
a support plate providing the support surface (3/4/5); and
a discharge hole (6) formed through the support plate so that the pet's excrement is discharged through the discharge hole,
wherein the interfering member is a cover, wall (wall 2), box, panel, or1 grate and a portion of the interfering member is positioned above the support member to allow the pet to access the defecation inducing substance by smell, touch, or sight while hindering the pet to defecate into the defecation inducing substance (in the same manner as the instant invention, if a substance was present on the top surface of the platform 3 and/or step 4/5, an animal would at least be able to see it),
wherein one end of the interfering member is fixed on the support member (Fig. 2) and an another end thereof is upwardly spaced apart from the support member (Fig. 2), and
wherein the support plate is configured to partially cover the opening of the toilet seat, such that the discharge hole is smaller than the opening of the toilet seat (6 is smaller than the opening of the toilet, Fig. 2).
For Claim 2, Chiu discloses the potty training device of claim 1, and Chiu further discloses wherein the support member further comprises a containment boundary portion projecting from the support surface to provide a containment space on the support surface, the containment space being configured to receive in which the defecation inducing substance is received (each of 3, 4, and 5 extends from one another, defining a portion of the device which is flat enough to receive a substance, and at least partially blocked from excrement, either by wall 2 or by the vertically-extending walls supporting the respective section).
For Claim 6, Chiu discloses the potty training device of claim 1, and Chiu further discloses wherein the interfering member is fixed on the support member at an inclined angle (each of wall 2 and the vertically-extending portions holding 4 & 5 are inclined to the horizontal plane at approximately a right angle; thus, 90° is the angle of incline).
Allowable Subject Matter
Claims 4, 5, 7, & 8 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: the prior art of record does not disclose or teach the combination of recited features directed to the claimed potty training device requiring: a support member providing a support surface for supporting a pet and configured to be mounted on a toilet seat including an opening disposed in a middle portion thereof; and an interfering member disposed on the support member to hinder the pet from defecating in a defecation inducing substance such that an end of the interfering member is positioned above the support member to allow the pet to access the defecation inducing substance by smell, touch, or sight while hindering the pet to defecate into the defecation inducing substance; wherein the support member includes: a support plate providing the support surface, and a discharge hole formed through the support surface so that excrement of the pet is discharged through the discharge hole; and wherein the support plate is configured to partially cover the opening of the toilet seat, such that the discharge hole is smaller than the opening of the toilet seat.
Each of claims 4 & 5 especially requiring the support member with a guide rod extending from one end of the discharge hole toward the other end, wherein an upper surface of the guide rod is configured to receive the defecation inducing substance. Claim 4 further requires wherein one end of the guide rod is a free end; Claim 5 further requires wherein the guide rod is inclined from the one end of the discharge hole.
Houston (US 3656457 A) discloses a similar animal potty training device, but is silent to a guide rod (showing a guide panel or board 13). It would have been impermissible hindsight to reconstruct the board of Houston with “a straight, round stick, shaft, bar, cane, or staff” or “a longitudinal pole used for forming part of a framework such as an awning or tent” such that it meant the ordinary definition of the term, as supported by Figs. 7-10 of the present invention.
Sallee et al. (US 5216979 A) discloses a similar animal potty training device, but the elongated rod 27 would not normally be in contact with another substance.
This statement is not intended to necessarily state all the reasons for allowance or all the details why the claims are allowed and has not been written to specifically or impliedly state that all the reasons for allowance are set forth (MPEP § 1302.14).
Response to Arguments
Applicant’s arguments with respect to present claims 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.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Morgan T. Jordan whose telephone number is (571)272-8141. The examiner can normally be reached M-Th 8:30-5:30.
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/MORGAN T JORDAN/Primary Examiner, Art Unit 3643
1 Interpretation note: only one aspect is required due to the alternative construction triggered by the “or” limitation.