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 § 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 applicant regards as his invention.
Claim 19 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 19 recites the limitation "said holder" in line 16. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 4, 5, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Robinson (US 5845601) in view of Smith (US 6371048), McCauley (US 5329878), Van Eeden et al. (US 10772287), Ogando (US 82974433), Finney (US 11375684), and Carroll et al. (WO 2016/164868).
Regarding Claim 4, Robinson teaches a furniture device for containing litter, comprising:
a rectangular, hollow base (box 10);
a rectangular, flat cover (top closure 20, 112), said cover releasably connecting upon said base in a closed configuration (Figures 2 and 11) and said cover releasably connecting below said base in an open configuration (Figures 4-7); and
wherein said device is adapted to avoid marring a supporting surface in both the closed configuration and the open configuration (“The components of system 10 are preferably formed of a sturdy material, such as corrugated cardboard” Col. 3 lines 29-31);
said base having a rectangular plate denoting its bottom (base 104; Figure 16), two mutually parallel and spaced longitudinal edges joining to said plate (walls 106a and 106c), two mutually parallel and spaced apart lateral edges joining to said plate (walls 106b and 106d), said lateral edges orienting perpendicular to said longitudinal edges, said lateral edges and said longitudinal edges orienting perpendicular to a plane defined by said plate (Figure 16);
said cover having a top surface oriented away from said plate in said closed configuration (Figures 2 and 11), and a non-marring layer adhered to said cover within the edges (“The corrugated cardboard material is preferably treated with a moisture resistant material or coating as is known for retaining moisture within the container.” Col. 7 lines 13-16); and
a non-marring layer adhered to said cover framed within the edges (“The corrugated cardboard material is preferably treated with a moisture resistant material or coating as is known for retaining moisture within the container.” Col. 7 lines 13-16).
Robinson fails to disclose a self standing ramp releasably connecting within said base; a holder releasably connecting outward of said base; said plate having a first soft strip and a mutually parallel and spaced apart second soft strip, each of first soft strip and said second soft strip adhering beneath each of said lateral edges, and a third soft strip centered between said first soft strip and said second soft strip and spanning between said first soft strip and said second soft strip wherein said first soft strip, said second soft strip, and said third soft strip being arranged in the shape of a letter I; one of said lateral edges having a fourth soft strip generally above said first soft strip; one of said longitudinal edges having a fourth pointed strip generally positioned above said plate; the other of said longitudinal edges having a fifth pointed strip generally positioned above said plate; one of said lateral edges having a sixth pointed strip generally positioned above said plate; the other of said lateral edges having a seventh pointed strip generally positioned above said plate; said top surface having adhered to it a first pointed strip and a mutually parallel and spaced apart second pointed strip, each of said first pointed strip and said second pointed strip adhering above each of said lateral edges in said closed configuration, each of said first pointed strip and said second pointed strip adhering above each of said lateral edges in said closed configuration, and a third pointed strip centered between said first pointed strip and said second pointed strip and spanning between said first pointed strip and said second pointed strip wherein said first pointed strip, said second pointed strip, and said third pointed strip being arranged in the shape of a letter I; opposite said top surface, said cover having a fifth soft strip generally in registration with one of said fourth pointed strip upon one of said longitudinal edges and said fifth pointed strip upon the other of said longitudinal edges in said closed configuration, a sixth soft strip generally in registration with the other of said fourth pointed strip upon one of said longitudinal edges and said fifth pointed strip upon the other of said longitudinal edges in said closed configuration, a seventh soft strip generally in registration with one of said sixth pointed strip upon one of said lateral edges and said seventh pointed strip upon the other of said lateral edges in said closed configuration, an eighth soft strip generally in registration with the other of said sixth pointed strip upon one of said lateral edges and said seventh pointed strip upon the other of said lateral edges in said closed configuration; said fifth soft strip and said sixth soft strip being mutually parallel and spaced apart, said seventh soft strip and said eighth soft strip being mutually parallel and spaced apart and perpendicular to said fifth soft strip and said sixth soft strip; the strips of said cover opposite said top surface being in registration with cooperating strips upon said lateral edges and said longitudinal edges of said base in said closed configuration of said device; said fifth soft strip, said sixth soft strip, said seventh soft strip and said eighth soft strip forming a frame upon said cover; and wherein the non-marring layer is felt.
However, Smith teaches a similar cat litter box comprising a ramp releasably connecting within said base (walkway 13; Figure 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the litter box of Robinson, with the ramp of Smith, with reasonable expectation of success, in order to help allow pets of varying physical abilities to use the litter box.
Additionally, McCauley teaches a self standing ramp releasably connecting with said base (ramp 36; Figures 1 and 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the litter box of Robinson, with the self-standing ramp of McCauley, with reasonable expectation of success, in order to help allow pets of varying physical abilities to use the litter box.
Additionally, Van Eeden teaches a similar litter box, comprising a holder releasably connecting outward of said base (“Further, the removable organizer 218 may be removably attached to the at least one vertical side wall 204 through an attachment means. Further, in some embodiments, the attachment means may include at least one of hooks, Velcro fasteners” Col. 10 lines 40-44), one of said lateral edges having a fourth soft strip generally above one of said later edges(“Further, the removable organizer 218 may be removably attached to the at least one vertical side wall 204 through an attachment means. Further, in some embodiments, the attachment means may include at least one of hooks, Velcro fasteners” Col. 10 lines 40-44; Figure 3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the litter box of Robinson, with the releasable holder of Van Eeden, with reasonable expectation of success, in order to increase the storage of the device and help decrease any clutter, and to have provided the litter box of Robinson, with the hook and loop fastener for the holder as taught by Van Eeden, with reasonable expectation of success, in order to allow the user to easily customize the device to for their organizational needs.
Additionally, Ogando teaches a similar container device wherein said plate (back panel 110) has a first soft strip and a mutually parallel and spaced apart second soft strip, each of first soft strip and said second soft strip adhering on one side of the plate (“The convertible box 100 is advantageously arranged to maintain the open or closed positions by use of engaging members, such as adhesive strips, contact pads, hook and loop pads” Col. 3 lines 47-49; “optionally two, pair(s) of magnets 144” Col. 4 line 54; Figure 3), said top surface (lid 104) having adhered to it a first pointed strip and a mutually parallel and spaced apart second pointed strip, each of said first pointed strip and said second pointed strip adhering to one side of the lid in the closed configuration (“The convertible box 100 is advantageously arranged to maintain the open or closed positions by use of engaging members, such as adhesive strips, contact pads, hook and loop pads” Col. 3 lines 47-49; “optionally two, pair(s) of magnets 144” Col. 4 line 54; Figure 3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the plate of Robinson, with the hook and loop fasteners of Ogando, with reasonable expectation of success, in order to help ensure the lid stays in place while not in use, and does not interfere with the user being able to access the device.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hook and loop fasteners of Ogando, to have three be in an I shape, with reasonable expectation of success, in order to increase the strength of the connection, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Additionally, Finney teaches a litter box further comprising: said longitudinal and said lateral edges having hook and loop fasteners (tray 12; “The cover section 14 is physically securable to the tray section 12, by plastic or metal clips, hook and loop fasteners” Col. 4 lines 59-61; Figures 1 and 4), opposite said top surface, said cover having hook and loop fasteners in registration with said hook and loop fasteners on the longitudinal and lateral edges (cover 14; “The cover section 14 is physically securable to the tray section 12, by plastic or metal clips, hook and loop fasteners” Col. 4 lines 59-61; Figures 1 and 4), the strips of said cover opposite said top surface being in registration with cooperating strips upon said base in said closed configuration of said device (Col. 4 lines 59-61; Figures 1 and 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the litterbox of Robinson, with the hook and loop fasteners of Finney, with reasonable expectation of success, in order to help ensure the lid does not open during transportation.
Additionally, Carroll teaches a similar cat litter box comprising felt opposite said top surface (“the interior wall 240, the lid 250, and the floor 260 can independently include materials containing cellulosic fibers … cellulosic fibers can include, but are not limited to, cotton fibers, lignocellulose fibers, pulp fibers, or any mixture thereof...” Paragraph [0044]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the cover of Robinson, with the fabric of Carroll, with reasonable expectation of success, in order to help ensure the pet does not injure itself on any sharp or uneven surfaces.
Regarding Claim 5, Robinson as modified teaches the furniture device of claim 4. Robinson further discloses the furniture device further comprising: said cover having said top oriented away from said plate in said open configuration (Figures 4-7), and wherein said device is adapted to avoid marring a support surface beneath it (“The components of system 10 are preferably formed of a sturdy material, such as corrugated cardboard” Col. 3 lines 29-31).
Robinson fails to disclose said first pointed strip, said second pointed strip, and said third pointed strip, each of said cover, cooperatively engaging in registration said first soft strip, said second soft strip, and said third soft strip, each of said plate.
However, Ogando teaches said hook and loop connections, each of said cover, cooperatively engaging in registration with said hook and loop connections of said plate (Figures 3 and 5).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the lid of Robinson, with the hook and loop fasteners of Ogando, with reasonable expectation of success, in order to help ensure the lid stays in place while not in use, and does not interfere with the user being able to access the device.
Regarding Claim 7, Robinson as modified teaches the furniture device of claim 4.
Robinson fails to disclose the furniture device further comprising: said plate having an eighth pointed strip thereon, said eighth pointed strip generally extending from one of said lateral edges towards said fourth soft strip, said eighth pointed strip being centered between and parallel to said longitudinal edges; said ramp having a front, a back mutually parallel and spaced apart from said front, said back having a height exceeding that of said front, a left face perpendicular to said front, a right face mutually parallel to and spaced apart from said left face, a bottom beneath and perpendicular to said front, said back, said left face, and said right face, and an inclined solid face spanning from said front to said back and above said bottom; a ribbed tread layer joining to said incline face wherein said tread is adapted to provide cushioning to a pet using said ramp; said bottom of said ramp having a ninth soft strip centered thereon and spanning from said front face to said rear face; and wherein said ramp releasably connects to said plate as said ninth soft strip cooperatively engages said eighth pointed strip.
However, Smith teaches a cat litter box further comprising: said plate (tray bottom 15) having a ramp connecter (recess 44), said ramp having a front (front edge of ramp portion 42), a back mutually parallel and spaced apart from said front (back edge of ramp portion 42), said back having a height exceeding that of said front (Figure 2), and an inclined face spanning from said front to a back and above said bottom (ramp 42; Figure 2); said bottom of said ramp having a connecting portion centered thereon and spanning from said front face to said rear face; and wherein said ramp releasably connects to said plate as said connector on the bottom of the ramp cooperatively engages said ramp connector on the plate (“The walkway is sized to be set upon the ledge 20 of the tray with its bottom end tucked within a recess 44” Col. 2 lines 52-54).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the litter box of Robinson, with the releasable ramp of Smith with reasonable expectation of success, in order to allow the user to easily clean the device, while also helping ensure animals of differing physical abilities can use the device.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the ramp connector of Smith, to be a hook and loop connector, with reasonable expectation of success, in order to help prevent injuries of the pet on any corners or uneven surfaces, since the equivalence of hook and loop fasteners and protrusions and recesses for their use in the litter box art and the selection of any known equivalents to these fasteners would be within the level of ordinary skill in the art.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection of Smith, to be generally extending from one of said lateral edges towards said fourth soft strip and being centered between and parallel to said longitudinal edges, with reasonable expectation of success, in order to help the user align pieces in the correct positions, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C); In re Japikse, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Additionally, McCauley teaches a similar cat litter box comprising a ramp having a left face perpendicular to said front, a right face mutually parallel to and spaced apart from said left face, a bottom beneath and perpendicular to said front, said back, said left face, and said right face (ramp 36; Figures 1 and 2), an inclined solid face spanning from said front to said back and above said bottom (Figure 1), a ribbed tread layer joining to said incline face wherein said tread is adapted to provide cushioning to a pet using said ramp (non-slip treads 40; Figures 1 and 2);
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the litter box of Robinson, with the ramp and tread of McCauley, with reasonable expectation of success, in order to help prevent the litter from being tracked outside of the device.
Regarding Claim 10, Robinson as modified teaches the furniture device of claim 4. Robinson further discloses the furniture device further comprising: a water impervious liner upon said plate opposite the bottom (“The corrugated cardboard material is preferably treated with a moisture resistant material or coating as is known for retaining moisture within the container.” Col. 7 lines 13-16); wherein said water impervious liners of said plate, said lateral edges, said longitudinal edges are oriented inwardly (Col. 7 lines 13-16).
Robinson fails to disclose a tray having a square shape, a bottom, and four walls joining perpendicular to said bottom, two of said walls being mutually parallel and spaced apart and the other two of said walls being mutually parallel, spaced apart, and perpendicular to the first two walls;
and wherein said tray is adapted to receive pet litter.
However, Carroll teaches a similar cat litter box comprising a tray (removable cartridge 300) having a rectangular shape (Figure 2), a bottom, and four walls joining perpendicular to said bottom, two of said walls being mutually parallel and spaced apart and the other two of said walls being mutually parallel, spaced apart, and perpendicular to the first two walls (Figures 1 and 2);
and wherein said tray is adapted to receive pet litter (Paragraph [0022]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the litter box of Robinson, with the removable tray of Carroll, with reasonable expectation of success, in order to help allow the user to more easily keep the device clean.
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Robinson in view of Smith, McCauley, Van Eeden, Ogando, Finney, and Carroll as applied to claim 4 above, and further in view of Askinasi (GB 2470646).
Regarding Claim 8, Robinson as modified teaches the furniture device of claim 4. Robinson further discloses the furniture device further comprising: two longitudinal edge extenders each having an elongated rectangular shape (barriers 110a and 110c), an outer face and a mutually parallel and spaced apart inner face, an upper edge and a mutually parallel and spaced apart lower edge, said upper edge and said lower edge being perpendicular to said outer face (Figure 16), an outer end and a mutually parallel and spaced apart inner end, said outer end and said inner end being perpendicular to said upper edge and to said outer face, said upper edge, said lower edge, said outer end, said inner end spanning between said inner face and said outer face (Figure 16); one lateral edge extender having an elongated rectangular shape (barrier 110b), an outer face and a mutually parallel and spaced apart inner face, an upper edge and a mutually parallel and spaced apart lower edge, said upper edge and said lower edge being perpendicular to said outer face (Figure 16), a left end and a mutually parallel and spaced apart right end, said left end and said right end being perpendicular to said upper edge and to said outer face, said upper edge, said lower edge, said left end and said right end spanning between said inner face and said outer face (Figure 16).
Robinson fails to disclose each longitudinal edge extender having a tenth soft strip (89) adhered to said lower edge (50f) and an eleventh soft strip adhered to said inner end; wherein the removable connection is a hook and loop fastener one lateral edge extender having an elongated rectangular shape of shorter length than said longitudinal edge extenders; and said lateral edge extender having a twelfth soft strip adhered to said lower edge, a ninth pointed strip adhered to said inner face and a tenth pointed strip adhered to said inner face, said ninth pointed strip and said tenth pointed strip being mutually parallel and spaced apart, said ninth pointed strip near said left end and said tenth pointed strip near said right end.
However, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the lateral edge extender of Robinson, to be shorter than the longitudinal edge extender with reasonable expectation of success, in order to ensure the lid is properly fitted in the correct direction, since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Additionally, Askinasi teaches a similar cat litter box, wherein each longitudinal edge extender (extensions 22 and 26) having a removable connection on said lower edge and a removable connection on said inner end (prongs 66 of 22 and 26 Figure 7 and 5); and said lateral edge extender (extension 24) having a removable connection on said lower edge (prongs 66 Figures 5 and 7), said inner face having a connection point on each end being mutually parallel and spaced apart (corner pieces 40; “Sidewall extension corner pieces 40 may be attached through clips, pressure fit, prongs, screws, sliding engagement or any other known methods of connecting two pieces.” Page 7 Paragraph 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the edge extenders of Robinson, to have releasable connections as taught by Askinasi, with reasonable expectation of success, in order to help make the device more portable.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the protrusions and recesses of Askinasi with hook and loop fasteners, with reasonable expectation of success, in order to decrease any sharp edges and help prevent any injury to the pet, since the equivalence of hook and loop fasteners and protrusions and recesses for their use in the litter box art and the selection of any known equivalents to such fasteners would be within the level of ordinary skill in the art.
Regarding Claim 9, Robinson as modified teaches the furniture device of claim 8. Robinson further discloses the furniture device further comprising: wherein each of said longitudinal edge extenders has a coplanar orientation with one of said longitudinal edges and said longitudinal edge extenders have a mutually parallel and spaced apart orientation (Figure 16); said lateral edge extender and said longitudinal edge extenders forming a U shaped opening towards one lateral side of the box (Figures 16 and 19); and wherein said lateral edge extender and said longitudinal edge extenders are adapted to admit a pet into said device opposite said lateral edge extender (Figure 19; adjustable height threshold 184).
Robinson fails to disclose each of said longitudinal edge extenders releasably connecting to each of said longitudinal edges, one of said tenth soft strips of one of said longitudinal edge extenders cooperatively engaging said fourth pointed strip upon one of said longitudinal edges and the other of said tenth soft strips of the other of said longitudinal edge extenders cooperatively engaging said fifth pointed strip upon the other of said longitudinal edges in the open configuration of said device; said lateral edge extender releasably connecting to one lateral edge including said twelfth soft strip of said lateral edge extender cooperatively engaging said seventh pointed strip upon one of said lateral edges; wherein said lateral edge extender has a coplanar orientation with one of said lateral edges proximate said fourth soft strip, and said lateral edge extender being perpendicular to said longitudinal edge extenders.
However, Askinasi teaches a similar cat litter box further comprising: each of said longitudinal edge extenders releasably connecting to each of said longitudinal edges (Figure 1), one of said connections of one of said longitudinal edge extenders cooperatively engaging one of said longitudinal edges and the other of said connections of the other of said longitudinal edge extenders cooperatively engaging the other of said longitudinal edges in the open configuration of said device (receiving holes 44; Figures 1, 5, and 7); said lateral edge extender releasably connecting to one lateral edge including connection of said lateral edge extender cooperatively engaging said connection upon one of said lateral edges (Figures 1, 5, and 7); wherein said lateral edge extender has a coplanar orientation with one of said lateral edges proximate said lateral edge connection, and said lateral edge extender being perpendicular to said longitudinal edge extenders (Figures 1, 5, and 7).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the edge extenders of Robinson, to have releasable connections as taught by Askinasi, with reasonable expectation of success, in order to help make the device more portable.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Robinson in view of Carroll et al. (WO 2016/164868), Ogando (US 82974433) and Finney (US 11375684).
Regarding Claim 12, Robinson discloses a furniture device for containing litter, comprising:
a rectangular, hollow base (box 10), said base having a rectangular plate denoting its bottom (base 104; Figure 16), two mutually parallel and spaced longitudinal edges joining to said plate (walls 106a and 106c), two mutually parallel and spaced apart lateral edges joining to said plate (walls 106b and 106d), said lateral edges orienting perpendicular to said longitudinal edges, said lateral edges and said longitudinal edges orienting perpendicular to a plane defined by said plate (Figure 16);
a rectangular, flat cover (top closure 20, 112), said cover having a top surface (Figure 1A);
wherein said device has a closed configuration with said top surface of said cover opposite said plate and said device is adapted to prevent access within said base (Figures 2 and 11);
wherein said device has an open configuration with said top surface beneath said plate and said device is adapted to provide access within said base (Figures 4-7); and
wherein said device is adapted to avoid marring a surface beneath said device in both the closed configuration and the open configuration (“The components of system 10 are preferably formed of a sturdy material, such as corrugated cardboard” Col. 3 lines 29-31).
said cover releasably connecting above said device when said device attains said closed configuration (Figures 2 and 11) wherein said device is adapted to retain litter therein (Abstract).
Robinson fails to disclose the furniture device further comprising: felt opposite said top surface; said plate having strips of releasable fastener adhered thereon opposite said lateral edges and said longitudinal edges, said strips of releasable fastener arranging in the shape of a letter I; said cover having strips of releasable fastener adhering upon said top surface and arranging in the shape of a letter I and strips of releasable fastener adhering opposite said top surface and arranging as a frame around said felt; each of said lateral edges having a strip of releasable fastener adhering thereto opposite said plate; each of said longitudinal edges having a strip of releasable fastener adhering thereto opposite said plate; and said strips of releasable fastener of said lateral edges and said strips of releasable fastener of said longitudinal edges cooperatively engaging the lengths of said strips of releasable fastener around said felt,
However, Carroll teaches a similar cat litter box comprising felt opposite said top surface (“the interior wall 240, the lid 250, and the floor 260 can independently include materials containing cellulosic fibers … cellulosic fibers can include, but are not limited to, cotton fibers, lignocellulose fibers, pulp fibers, or any mixture thereof...” Paragraph [0044]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the cover of Robinson, with the fabric of Carroll, with reasonable expectation of success, in order to help ensure the pet does not injure itself on any sharp or uneven surfaces.
Additionally, Ogando teaches a cat litter box device further comprising: said plate (back panel 110) having strips of releasable fastener adhered thereon opposite said lateral edges and said longitudinal edges (“The convertible box 100 is advantageously arranged to maintain the open or closed positions by use of engaging members, such as adhesive strips, contact pads, hook and loop pads” Col. 3 lines 47-49; “optionally two, pair(s) of magnets 144” Col. 4 line 54; Figure 3), said cover (lid 104) having strips of releasable fastener adhering upon said top surface (Col. 4 line 54; Figure 3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the lid of Robinson, with the hook and loop fasteners of Ogando, with reasonable expectation of success, in order to help ensure the lid stays in place while not in use, and does not interfere with the user being able to access the device.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hook and loop fasteners of Ogando, to have three be in an I shape, with reasonable expectation of success, in order to increase the strength of the connection, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Additionally, Finney teaches a similar cat litter box wherein opposite said top surface, said cover having hook and loop fasteners cooperatively engaging with said hook and loop fasteners on the longitudinal and lateral edges (cover 14; “The cover section 14 is physically securable to the tray section 12, by plastic or metal clips, hook and loop fasteners” Col. 4 lines 59-61; Figures 1 and 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the lid of Robinson, with the hook and loop fasteners of Finney, with reasonable expectation of success, in order to help ensure the lid does not open during transportation.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the releasable fasteners of Finney, to be arranged as a frame around the edges, with reasonable expectation of success, in order to help increase the strength of the connection, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C); In re Japikse, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Regarding Claim 13, Robinson as modified teaches the furniture device of claim 12. Robinson further discloses said cover releasably connecting below said device in an open configuration (Figures 4-7), and orienting said top beneath said device (Figures 4-7).
Robinson fails to disclose the furniture device further comprising: said strips of releasable fastener of said lateral edges and said strips of releasable fastener of said longitudinal edges cooperatively engaging said strips of releasable fastener upon said top surface of said cover in registration, the strips of said cover opposite said top surface being in registration with cooperating strips upon said lateral edges and said longitudinal edges of said base in said closed configuration of said device.
However, Ogando teaches a cat litter box further comprising: said strips of releasable fastener of said lateral edges and said strips of releasable fastener of said longitudinal edges cooperatively engaging said strips of releasable fastener upon said top surface of said cover in registration (Figures 3 and 5).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the lid of Robinson, with the hook and loop fasteners of Ogando, with reasonable expectation of success, in order to help ensure the lid stays in place while not in use, and does not interfere with the user being able to access the device.
Additionally, Finney teaches the strips of said cover opposite said top surface being in registration with cooperating strips upon said base in said closed configuration of said device (Col. 4 lines 59-61; Figures 1 and 4).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the lid of Robinson, with the hook and loop fasteners of Finney, with reasonable expectation of success, in order to help ensure the lid does not open during transportation.
Claims 14 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Robinson in view of Carroll, Ogando, and Finney as applied to claim 13 above, and further in view of Askinasi (GB 2470646).
Regarding Claim 14, Robinson as modified teaches the furniture device of claim 13. Robinson further discloses the furniture device further comprising: two longitudinal edge extenders (barriers 110a and 110c) each having a lower edge and an inner end perpendicular to said lower edge (Figure 16), one lateral edge extender (barrier 110b) having a lower and an inner face perpendicular to said lower edge (Figure 16) wherein said longitudinal edge extenders and said lateral edge extender form a U like shape upon said longitudinal edges and one of said lateral edges with said device being in said open configuration extender (Figure 19); and wherein in said open configuration said device has said cover beneath and adjacent to said plate with said felt opposite said plate (Figures 4-7).
Robinson fails to disclose two longitudinal edge extenders each having a lower edge and a strip of releasable fastener upon said lower edge, and an inner end perpendicular to said lower edge and a strip of releasable fastener upon said inner end; one lateral edge extender having a lower edge and a strip of releasable fastener upon said lower edge, and an inner face perpendicular to said lower edge and two spaced apart strips of releasable fastener upon said inner face; said strips of releasable fastener upon said lower edges of each of said longitudinal edge extenders cooperatively engaging said strips of releasable fastener of said longitudinal edges; said strip of releasable fastener upon said lower edge of said lateral edge extender cooperatively engaging said strip of releasable fastener of one of said lateral edges; said strips of releasable fastener upon said inner edges of each of said longitudinal edge extenders cooperatively engaging said strips of releasable fastener of said inner face of said lateral edge extender.
However, Askinasi teaches a similar cat litter box comprising two longitudinal edge extenders (sidewall extensions 22 and 26) each having a lower edge and a strip of releasable fastener upon said lower edge (prongs 66; Figures 1 and 7), and an inner end perpendicular to said lower edge and a strip of releasable fastener upon said inner end (“ Sidewall extension corner pieces 40 may be attached through clips, pressure fit, prongs, screws, sliding engagement or any other known methods of connecting two pieces” Page 7 Paragraph 2); one lateral edge extender (sidewall extension 24) having a lower edge and a strip of releasable fastener upon said lower edge (prongs 66; Figures 1 and 7), and an inner face perpendicular to said lower edge and two spaced apart strips of releasable fastener upon said inner face (“Sidewall extension corner pieces 40 may be attached through clips, pressure fit, prongs, screws, sliding engagement or any other known methods of connecting two pieces” Page 7 Paragraph 2); said strips of releasable fastener upon said lower edges of each of said longitudinal edge extenders cooperatively engaging said strips of releasable fastener of said longitudinal edges (receiving holes 44; Figures 1, 5, and 7); said strip of releasable fastener upon said lower edge of said lateral edge extender cooperatively engaging said strip of releasable fastener of one of said lateral edges (Figures 1, 5, and 7); said strips of releasable fastener upon said inner edges of each of said longitudinal edge extenders cooperatively engaging said strips of releasable fastener of said inner face of said lateral edge extender (Figures 1, 5, and 7).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the edge extenders of Robinson, to have releasable connections as taught by Askinasi, with reasonable expectation of success, in order to help make the device more portable.
Regarding Claim 17, Robinson as modified teaches the furniture device of claim 14. Robinson further discloses the furniture device further comprising: said longitudinal edges, said lateral edges, said plate, and said longitudinal edge extenders, each having a water impervious liner oriented inwardly, and said inner face of said lateral edge extender having a water impervious liner (“The corrugated cardboard material is preferably treated with a moisture resistant material or coating as is known for retaining moisture within the container.” Col. 7 lines 13-16).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Robinson in view of Carroll, Ogando, Finney, and Askinasi as applied to claim 14 above, and further in view of Smith (US 6371048) and McCauley (US 5329878).
Regarding Claim 15, Robinson as modified teaches the furniture device of claim 14.
Robinson fails to disclose the furniture device further comprising: a self standing ramp releasably connecting within said base; said plate having a strip of releasable fastener upon said plate proximate one of said lateral edges and opposite said lateral edge extender of said device when in said open configuration; said ramp having an inclined solid surface, a ribbed tread layer upon said inclined surface, a bottom beneath said inclined surface, and a strip of releasable fastener upon said bottom surface; and said strip of releasable fastener upon said plate cooperatively engaging said strip of releasable fastener of said bottom of said ramp.
However, Smith teaches a cat litter box further comprising: a ramp releasably connecting within said base (ramp 42; Figure 2); said plate (tray bottom 15) having a ramp connecter (recess 44), said bottom of said ramp having a connecting portion centered thereon and wherein said ramp releasably connects to said plate as said connector on the bottom of the ramp cooperatively engages said ramp connector on the plate (“The walkway is sized to be set upon the ledge 20 of the tray with its bottom end tucked within a recess 44” Col. 2 lines 52-54).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the litter box of Robinson, with the releasable ramp of Smith with reasonable expectation of success, in order to allow the user to easily clean the device, while also helping ensure animals of differing physical abilities can use the device.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the connection of Smith, to be proximate one of said lateral edges and opposite said lateral edge extender of said device when in said open configuration, with reasonable expectation of success, in order to help the user align pieces in the correct positions, since it has been held that rearranging parts of an invention involves only routine skill in the art. See MPEP § 2144.04(VI)(C); In re Japikse, 86 USPQ 70 (CCPA 1950); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975).
Additionally, McCauley teaches a litter box comprising a self standing ramp releasably connecting with said base (ramp 36; Figures 1 and 2); said ramp having an inclined solid surface, a ribbed tread layer upon said inclined surface (non-slip treads 40; Figures 1 and 2), a bottom beneath said inclined surface (Figures 1 and 2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the litter box of Robinson, with the ramp and tread of McCauley, with reasonable expectation of success, in order to help prevent the litter from being tracked outside of the device.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Robinson (US 5845601) in view of Carroll et al. (WO 2016/164868), Ogando (US 82974433), Finney (US 11375684), and Askinasi (GB 2470646).
Regarding Claim 18, Robinson discloses a furniture device for containing litter, comprising:
a rectangular, hollow base (box 10), said base having a rectangular plate denoting its bottom (base 104; Figure 16), two mutually parallel and spaced longitudinal edges joining to said plate (walls 106a and 106c), two mutually parallel and spaced apart lateral edges joining to said plate (walls 106b and 106d), said lateral edges orienting perpendicular to said longitudinal edges, said lateral edges and said longitudinal edges orienting perpendicular to a plane defined by said plate (Figure 16);
a rectangular, flat cover (top closure 20, 112), said cover having a top surface (Figure 1A)
wherein said device has a closed configuration with said top surface of said cover opposite said plate and said device is adapted to prevent access within said base (Figures 2 and 11);
wherein said device has an open configuration with said top surface of said cover beneath said plate and said device is adapted to have access within said base (Figures 4-7);
wherein said device is adapted to avoid marring a surface beneath said device in both the closed configuration and the open configuration (“The components of system 10 are preferably formed of a sturdy material, such as corrugated cardboard” Col. 3 lines 29-31);
said cover releasably connecting above said device wherein said device attains said closed configuration (Figures 2 and 11), wherein said device is adapted to retain litter therein (Abstract);
said cover releasably connecting below said device in an open configuration (Figures 4-7).
two longitudinal edge extenders (barriers 110a and 110c) each having a lower edge (Figure 16);
one lateral edge extender (barrier 110b) having a lower and an inner face perpendicular to said lower edge (Figure 16);
wherein said longitudinal edge extenders and said lateral edge extender form a U like shape upon said longitudinal edges and one of said lateral edges with said device being in said open configuration (Figure 19);
and wherein in said open configuration said device has said cover beneath and adjacent to said plate with said top surface opposite said plate (Figures 4-7).
Robinson fails to disclose felt opposite said top surface; said plate having strips of releasable fastener adhered thereon opposite said lateral edges and said longitudinal edges, said strips of releasable fastener arranging in the shape of a letter I; said cover having strips of releasable fastener adhering upon said top surface and arranging in the shape of a letter I; and strips of releasable fastener adhering opposite said top surface and arranging as a frame around said felt; each of said lateral edges having a strip of releasable fastener adhering thereto opposite said plate; each of said longitudinal edges having a strip of releasable fastener adhering thereto opposite said plate; said strips of releasable fastener of said lateral edges and said strips of releasable fastener of said longitudinal edges cooperatively engaging the lengths of said strips of releasable fastener around said felt.
However, Carroll teaches a similar cat litter box comprising felt opposite said top surface (“the interior wall 240, the lid 250, and the floor 260 can independently include materials containing cellulosic fibers … cellulosic fibers can include, but are not limited to, cotton fibers, lignocellulose fibers, pulp fibers, or any mixture thereof...” Paragraph [0044]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the cover of Robinson, with the fabric of Carroll, with reasonable expectation of success, in order to help ensure the pet does not injure itself on any sharp or uneven surfaces.
Additionally, Ogando teaches a similar container wherein said plate (back panel 110) having strips of releasable fastener adhered thereon opposite said lateral edges and said longitudinal edges (“The convertible box 100 is advantageously arranged to maintain the open or closed positions by use of engaging members, such as adhesive strips, contact pads, hook and loop pads” Col. 3 lines 47-49; “optionally two, pair(s) of magnets 144” Col. 4 line 54; Figure 3), said cover (lid 104) having strips of releasable fastener adhering upon said top surface (Col. 4 line 54; Figure 3), said strips of releasable fastener of said lateral edges and said strips of releasable fastener of said longitudinal edges cooperatively engaging the lengths of said strips of releasable fastener upon said top surface of said cover in registration (Figures 3 and 5).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the plate of Robinson, with the hook and loop fasteners of Ogando, with reasonable expectation of success, in order to help ensure the lid stays in place while not in use, and does not interfere with the user being able to access the device.
Additionally, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the hook and loop fasteners of Ogando, to have three be in an I shape, with reasonable expectation of success, in order to increase the strength of the connection, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Additionally, Finney teaches opposite said top surface, said cover having hook and loop fastene