Prosecution Insights
Last updated: April 19, 2026
Application No. 18/506,978

PET TOILET AND CONTROL METHOD THEREOF

Non-Final OA §103§112§DP
Filed
Nov 10, 2023
Examiner
CHOI, MICHAEL W
Art Unit
2116
Tech Center
2100 — Computer Architecture & Software
Assignee
Petpivot Inc.
OA Round
1 (Non-Final)
78%
Grant Probability
Favorable
1-2
OA Rounds
2y 10m
To Grant
99%
With Interview

Examiner Intelligence

Grants 78% — above average
78%
Career Allow Rate
278 granted / 358 resolved
+22.7% vs TC avg
Strong +29% interview lift
Without
With
+29.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
30 currently pending
Career history
388
Total Applications
across all art units

Statute-Specific Performance

§101
12.4%
-27.6% vs TC avg
§103
45.5%
+5.5% vs TC avg
§102
19.2%
-20.8% vs TC avg
§112
18.9%
-21.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 358 resolved cases

Office Action

§103 §112 §DP
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claims 1-20 are pending. Claims 1-9 are withdrawn. Accordingly, claims 10-20 are examined below. Priority Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55 for Application No. CN202323002857.0 filed on 11/07/2023. This application is a CIP of 18/494,672 filed on 10/25/2023. Duty to Disclose No Information Disclosure Statement has been filed in the instant application. Examiner respectfully reminds Applicant of the duty of disclosure per 37 CFR 1.56 (a). Claim Objections The following claims are objected to for informalities, lack of antecedent support, or for redundancies. The Examiner recommends the following changes: Claim 11, line 2, replace “a waste” with “the waste” Claim 12, line 2, replace “a waste” with “the waste”, and line 4, replace “receiving no first” with “not receiving the first” Claim 13, line 5, replace “the first preset” with “a first preset”, and line 6, replace a first electrical” with “the first electrical” Claim 14, line 7, replace “a distance” with “the distance” Claim 15, line 2, replace “a first electrical” with “the first electrical” Claim 16, line 2, replace “a first electrical” with “the first electrical”, and line 6, replace “a pet” with “the pet” Claim 17, line 2, replace “a second electrical” with “the second electrical”, and line 5, replace “a second preset” with “the second preset” Claim 18, line 2, replace “a second electrical” with “the second electrical” Claim 19, line 2, replace “a second preset” with “the second preset” Claim 20, line 2, replace “a waste” with “the waste” Appropriate correction is respectfully requested. Double Patenting The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969). A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b). The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13. The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer. Claims 10-13 and 15-20 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9-16 and 19 of copending Application 18/506,983. Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of 18/506,983 recite very similar structure and functionality as shown in the table below. Claim 14 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 9 of copending Application 18/506,983, in view of Baxter et al. (US 2022/0322632 A1) and Smith et al. (US 2023/0397568 A1), as discussed in the Claim Rejections - 35 USC § 103 section below. 18/506,978 (instant) 18/506,983 Analysis Claim 10 A control method applicable to a pet toilet, the pet toilet comprising a circuit board, a first detection module, a second detection module electrically connected to the circuit board, a base, and a roller rotatably arranged on the base, wherein the first detection module is electrically connected to the circuit board to feed back an electrical signal to the circuit board when a pet enters the roller, and the circuit board controls the roller to rotate according to the electrical signal fed back by the first detection module, the circuit board controls the roller to stop rotating according to a signal fed back by the second detection module, wherein the control method comprises steps of: receiving a first electrical signal fed back by the first detection module; receiving a second electrical signal fed back by the first detection module; and performing a waste cleaning action to control the roller to rotate to discharge waste. Claim 9 A control method applicable to a pet toilet, the pet toilet comprising a circuit board, an identification module, a base, and a roller rotatably arranged on the base, wherein the identification module is electrically connected to the circuit board to acquire an image, and the circuit board controls the roller to rotate after the identification module identifies that a pet has left the roller; the pet toilet further comprising a detection module electrically connected to the circuit board to detect get close of an object, wherein the circuit board controls the roller to stop rotating according to a signal fed back by the detection module; wherein the control method comprises steps of: identifying, through the identification module, that a pet has entered the roller; identifying, through the identification module, that the pet has left the roller; and performing a waste cleaning action to control the roller to rotate to discharge waste. An identification module (18/506,983) reads on a first detection module (18/506,978). A detection module (18/506,983) reads on a second detection module (18/506,978). Acquiring an image for identifying a pet (18/506,983) reads on feeding back an electrical signal when a pet enters the roller (18/506,978). Identifying that the pet is leaving (18/506,983) reads on the electrical signal fed back by the first detection module (18/506,978). A detection module detecting get close of an object and get the circuit board to control the roller to stop (18/506,983) reads on the circuit board controls the roller to stop rotating according to a signal fed back by the second detection module (18/506,978). Identifying through the identification module that the pet entered (18/506,983) reads on receiving a first electrical signal fed back by the first detection module (18/506,978). Identifying through the identification module that the pet has left (18/506,983) reads on receiving a second electrical signal fed back by the first detection module (18/506,978). Same Claim 11 wherein in the process of performing a waste cleaning action, the control method further comprises steps of: detecting a third electrical signal fed back by the second detection module; and controlling the roller to stop rotating when the third electrical signal fed back by the second detection module has been received. Claim 10 wherein in the process of performing a waste cleaning action, the control method further comprises steps of: receiving an electrical signal fed back by the detection module; and controlling the roller to stop rotating when the electrical signal fed back by the detection module has been received. Receiving an electrical signal fed back by the detection module (18/506,983) reads on detecting a third electrical signal fed back by the second detection module (18/506,978). Claim 12 wherein before the step of performing a waste cleaning action, the control method further comprises a step of: receiving no first electrical signal fed back by the first detection module within a first preset time period. Claim 11 wherein before the step of performing a waste clearing action, the control method further comprises a step of: identifying, through the identification module, that no pet enters the roller within a first preset time period. Identifying, through the identification module, that no pet enters the roller (18/506,983) reads on receiving no first electrical signal fed back by the first detection module (18/506,978). Claim 13 wherein before the step of performing a waste cleaning action, the control method further comprises steps of: receiving the first electrical signal fed back by the first detection module within the first preset time period; and starting to perform the control method from the step of receiving a first electrical signal fed back by the first detection module. Claim 11 wherein before the step of performing a waste clearing action, the control method further comprises a step of: identifying, through the identification module, that no pet enters the roller within a first preset time period. claim 9 identifying, through the identification module, that a pet has entered the roller; Identifying, through the identification module, that no pet enters the roller (18/506,983) reads on receiving the first electrical signal fed back by the first detection module (18/506,978). Claim 15 wherein after the step of receiving a first electrical signal fed back by the first detection module, the control method further comprises a step of: starting a timer, and forming first time. Claim 12 wherein after the step of identifying, through the identification module, that a pet has entered the roller, the control method further comprises a step of: starting a timer, and forming first time. Identifying, through the identification module, that a pet has entered the roller (18/506,983) reads on receiving a first electrical signal fed back by the first detection module (18/506,978). Claim 16 a wherein after the step of receiving a first electrical signal fed back by the first detection module, the control method further comprises a step of: recording first data, wherein the first data comprises a number of times of entry and a quantity of pets that have entered the roller for defecation; the number of times of entry is a serial number of a pet entering the roller within one waste cleaning cycle; the quantity of pets that have entered the roller for defecation is an actual quantity of pets that have entered the roller for defecation plus 1; and the actual quantity of pets that have entered the roller for defecation is a quantity of pets that have accumulatively entered the roller within one waste cleaning cycle and stayed for a second preset time period. Claim 13 wherein after the step of identifying, through the identification module, that a pet has entered the roller, the control method further includes a step of: recording first data, wherein the first data comprises a number of times of entry and a quantity of pets that have entered the roller for defecation; the number of times of entry is a serial number of a pet entering the roller within one waste cleaning cycle; the quantity of pets that have entered the roller for defecation is an actual quantity of pets that have entered the roller and defecated plus 1; and the actual quantity of pets that have entered the roller and defecated is a quantity of pets that have accummulatively entered the roller within one waste cleaning cycle and stayed for a second preset time period. Identifying, through the identification module, that a pet has entered the roller (18/506,983) reads on receiving a first electrical signal fed back by the first detection module (18/506,978). Claim 17 a wherein after the step of receiving a second electrical signal fed back by the first detection module, the control method further comprises steps of: stopping the timer; determining whether the first time is greater than a second preset time period; and if yes, recording that the quantity of pets that have entered the roller for defecation is the actual quantity of pets that have entered the roller for defecation. Claim 15 wherein after the step of identifying, through the identification module, that the pet has left the roller, the control method further comprises steps of: stopping the timer; determining whether the first time is greater than a second preset time period; and if yes, recording that the quantity of pets that have entered the roller for defecation is the actual quantity of pets that have entered the roller and defecated. Identifying, through the identification module, that the pet has left the roller (18/506,983) reads on receiving a second electrical signal fed back by the first detection module (18/506,978). Claim 18 wherein after the step of receiving a second electrical signal fed back by the first detection module, the control method further comprises a step of: matching the first data. Claim 14 wherein after the step of identifying, through the identification module, that the pet has left the roller, the control method further comprises a step of: matching the first data. identifying, through the identification module, that the pet has left the roller (18/506,983) reads on receiving a second electrical signal fed back by the first detection module (18/506,978). Claim 19 wherein after the step of determining whether the first time is greater than a second preset time period, the control method further comprises a step of: if no, subtracting the quantity of pets that have entered the roller for defection by 1. Claim 16 wherein after the step of determining whether the first time is greater than a second preset time period, the control method further comprises a step of: if no, subtracting the quantity of pets that have entered the roller for defecation by 1. Same Claim 20 wherein after the step of performing a waste cleaning action, the control method further comprises a step of: clearing the first time and the first data. Claim 19 wherein after the step of performing a waste cleaning action, the control method further comprises a step of: clearing the first time and the first data. Same Claim Rejections - 35 USC § 112 The following is a quotation of 35 U.S.C. 112(b): (b) 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. Claims 13 and 16-20 are 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 13 recites the limitation “starting to perform the control method from the step of receiving a first electrical signal fed back by the first detection module”. It is unclear what Applicant means by “the step of receiving a first electrical signal fed back by the first detection module” as the antecedent basis is not clear for the limitation. Claim 13 recites, prior to the limitation, “receiving the first electrical signal fed back by the first detection module within the first preset time period”, and claim 10 recites “receiving a first electrical signal fed back by the first detection module”. Appropriate clarification through claim amendment is respectfully requested. For purposes of examination, the limitation will be interpreted as starting to perform the control method from the step of receiving a first electrical signal fed back by the first detection module within the first preset time period. Claim 16 recites the limitation “the number of times of entry is a serial number of a pet entering the roller within one waste cleaning cycle”. It is unclear how a number of times of entry can be a seral number of a pet entering. Appropriate clarification through claim amendment is respectfully requested. For purposes of examination, the limitation will not be given a patentable weight. Claims 17-20 are dependent claims of claim 16. The claim 16 is rejected under 35 U.S.C. 112(b), and therefore, claim s 17-20 are rejected under 35 U.S.C. 112(b). Claim 18 recites the limitation “matching the first data”. It is unclear what Applicant means by matching. Appropriate clarification through claim amendment is respectfully requested. For purposes of examination, the limitation will be interpreted as described in published specification paragraph [0087] (“S202, the first data is matched. That is, the first time is matched with the first data obtained after a pet enters the roller 200 at the last time, so as to determine a serial number of a pet that has entered the roller 200 at the first time within one waste cleaning cycle.”). 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 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2024/0206422 A1) (“Wang”), in view of Baxter et al. (US 2022/0322632 A1) (“Baxter”). Regarding independent claim 10, Wang teaches: A control method applicable to a pet toilet, the pet toilet comprising a circuit board, a first detection module … electrically connected to the circuit board, a base, and a roller rotatably arranged on the base, wherein the first detection module is electrically connected to the circuit board to feed back an electrical signal to the circuit board when a pet enters the roller, and (Wang: [0010] “In order to achieve the above and other purposes, and according to the purpose of the present application, the present application provides a self-cleaning cat litter box and a method. The self-cleaning cat litter box removes cat excrement and smell through an improved separation and processing method. Cat waste and smells are eliminated and do not pose a danger to pets.”) (Wang: [0028] “Optionally, the integrated sensor is a combination of a weight sensor, a thermal imaging sensor, a light sensor, an LED lighting lamp, and a microprocessor controller. The weight sensor is used to detect the presence or absence of animals in the automatic cleaning cat litter box; the thermal imaging sensor is used to detect whether animals move in front of the automatic cleaning cat litter box; the light sensor is used to detect the ambient light brightness; The LED lighting uses signal feedback from the light sensor to determine whether to turn on for lighting; the microprocessor controller is used to process the sensor signal and start different setting programs according to different signals. The integrated sensor is at least one of a weight sensor, a microwave radar, an ultrasonic sensor, an infrared sensor, a camera, a thermal imaging sensor, a light sensor, a millimetre wave radar, a laser sensor, an LED lighting, a microprocessor controller, or two of them. A combination thereof is also possible.”) (Wang: [0029] “The self-cleaning cat litter box also includes a bottom housing connected to the rotatable chamber. Optionally, the self-cleaning cat litter box also includes a top housing and a bottom housing, wherein a garbage bag storage box is provided on the side of the bottom housing for storing garbage bags.”) [The self-cleaning cat litter box reads on “a pet toilet”. The integrated sensor reads on “a first detection module”. The integrated sensor with microprocessor controller reads on “a circuit board”, and being integrated reads on “electrically connected …”. The bottom housing reads on “a base, and the rotatable chamber reads on “a roller”.] the circuit board controls the roller to rotate according to the electrical signal fed back by the first detection module, (Wang: [0082]-0087] “[0082] A method for removing cat excrement and smells from cat litter is provided, comprising the following steps. After the integrated sensor 50 detects that the cat leaves the rotatable chamber 10, the cleaning procedure is started: [0083] S1. The closing member 1011 closes the first opening 101. [0084] The closing member 1011 is a sliding door, and the closing member 1011 closes the first opening 101 by sliding. [0085] The closing member 1011 is a sliding door and includes two slidable door leaves 91 and 92 and a slide rail 93 for sliding the door leaves. The motor 94 drives the two door leaves 91 and 92 to slide toward each other, and the two door leaves close the rotatable chamber 10 through snap connection. The edges of the door leaf are smooth and gentle to avoid scratching or pinching animals. A rubber strip is also provided on the slide rail, so that the door leaf slides along the slide rail, and the rubber strip is in close contact with the door leaf, so that the rubber strip always covers the slide rail. [0086] The sliding door has good sealing performance after sliding and closing the first opening 1011, so as to reduce the leakage of smell as much as possible. [0087] S2. The rotatable chamber 10 rotates in a first direction from the initial position, and the cat litter containing cat excrement is loaded into the screen 20. Under the rotation of the rotatable chamber 10, the elastic valve 401 included in the support base 40 opens, and the second opening 102 opens. The excrement collection bin 30 is in air fluid communication with the second opening 102.”) [The integrated sensor sensing the absence of the cat in the self-cleaning cat letter box reads on “the electrical signal fed back by the first detection module”.] wherein the control method comprises steps of: receiving a first electrical signal fed back by the first detection module; receiving a second electrical signal fed back by the first detection module; and (Wang: [0027] “The self-cleaning cat litter box also includes an integrated sensor. The integrated sensor is used to detect the presence or absence of an animal; when an animal is detected to move in front of the self-cleaning cat litter box, it can provide illumination in low light conditions; and to the microprocessor inside the integrated sensor provides one or more presence signals; the microprocessor controller inside the integrated sensor can process the sensor signals and start different defined programs according to different signals.”) (Wang: [0037] “The cat litter is placed in the rotatable chamber of the device. When the cat discharges its excrement into the cat litter and exits the rotatable chamber, the cat litter containing the excrement is screened and cleaned through various components.”) [Detecting the presence reads on “a first electrical signal fed back …”, and detecting the absence reads on “a second electrical signal fed back …”.] performing a waste cleaning action to control the roller to rotate to discharge waste. (Wang: [0038] “Specifically: the rotatable chamber is closed, and then the rotatable chamber is rotated in the first direction from the initial position, driving the screen to screen out the cat excrement and transfer it to the excrement collection bin by gravity; and then the rotatable chamber is rotated in the first direction. The chamber rotates and resets in the direction opposite to the first direction, and finally, under the action of the ventilation fan, the smell is discharged through the two ventilation openings.”) [The rotatable chamber rotating to transfer the excrement to the excrement collection bin reads on “performing a waste cleaning action …”.] Wang does not expressly teach: … a second detection module …; the circuit board controls the roller to stop rotating according to a signal fed back by the second detection module. Baxter teaches: … a second detection module …; the circuit board controls the roller to stop rotating according to a signal fed back by the second detection module. (Baxter: FIG. 11) (Baxter: [0066] “The one or more fault algorithms may include one or more mass fault algorithms. The one or more mass fault algorithms may function to detect the presence of an animal within the litter device, detect a mass over a predetermined mass of the litter device, stop and/or prevent rotation of a chamber, prevent execution of a cleaning cycle, or any combination thereof. …”) (Baxter: [0068] “The one or more fault algorithms may include one or more pinch fault algorithms. The one or more pinch fault algorithms may function to detect the presence of one or more pinch conditions, stop and/or prevent rotation of a chamber, prevent execution of a cleaning cycle, or any combination thereof. …”) [Stopping the rotation of the chamber or pausing the clean cycle based on the pinch condition or the mass detection reads on “to stop rotating according to a signal fed back by the second detection module”.] Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Wang and Baxter before them, to modify the rotation control of the self-cleaning cat litter box, to incorporate stopping the rotation when pinch condition or animal detection occurs. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would allow for stopping the rotation or cleaning cycle when anomalous conditions occur. (Baxter: [0065]) Regarding claim 11, Wang and Baxter teach all the claimed features of claim 10. Baxter further teaches: wherein in the process of performing a waste cleaning action, the control method further comprises steps of: detecting a third electrical signal fed back by the second detection module; and controlling the roller to stop rotating when the third electrical signal fed back by the second detection module has been received. (Baxter: FIG. 11) (Baxter: [0066] and [0068] as discussed in claim 10) [Stopping the rotation of the chamber or pausing the clean cycle based on the pinch condition or the mass detection reads on “to stop rotating according when the third electrical signal fed back …”.] Claims 12-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Baxter, further in view of Deasy et al. (US 2006/0081191 A1) (“Deasy”). Regarding claim 12, Wang and Baxter teach all the claimed features of claim 10. Wang and Baxter do not expressly teach the recitations of claim 12. Deasy teaches: wherein before the step of performing a waste cleaning action, the control method further comprises a step of: receiving no first electrical signal fed back by the first detection module within a first preset time period. (Deasy: [0080] “Having described the components of the apparatus 30, a general discussion of the self-cleaning cycle follows. Normally, the apparatus is at rest, which occurs whenever the apparatus has been filled with litter, turned on and is awaiting use by the pet. When the pet enters the apparatus, beginning at the ramp 39 and entering into the litter pan 33, the weight of the animal depresses the turntable 32, so that one of the weight sensors 66 makes contact with the rails 122, 123. In other words, the weight sensing mechanism 120; which comprises the weight sensors and the track assembly 121, is provided for the actuation of a pet-initiated cleaning cycle. The controller is preferably programmed to signal the timer after the weight of the animal has engaged a weight sensor with the rails for a minimum of 3 to 5 seconds. In other words, a brief contact between the sensor and rails will not cause a cycle to be initiated, because the pet would not have used the litter box. After the animal concludes its business and exits the apparatus, the turntable is again fully righted upon the spindle 86 and a signal is generated to the controller 259 to begin activation of a cleaning cycle, within a pre-determined time. Recognizing that the pet may return, a sufficient period is usually 30 minutes. Additionally, the apparatus employs self-clumping litter, which requires several minutes to absorb liquid waste and form a solid having sufficient integrity to be moved. Once begun, a cycle is completed in approximately two minutes and during this period, the sensors are no longer active.”) [The predetermined time reads on “a first preset time period”. When the weight sensor indicates absence of the animal, the cleaning cycle starts if the weight sensor does not indicate presence (return) of the animal.] Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Wang, Baxter and Deasy before them, to modify the self-cleaning cat litter box control, to incorporate the pre-determined time delay between the time when the pet leaves the self-cleaning cat litter box and the time when the self-cleaning cat litter box starts the cleaning cycle. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would allow for time to ensure that the pet does not return to the self-cleaning cat litter box shortly after leaving. (Deasy: [0080]) Regarding claim 13, Wang and Baxter teach all the claimed features of claim 10. Wang and Baxter do not expressly teach the recitations of claim 13. Deasy teaches: wherein before the step of performing a waste cleaning action, the control method further comprises steps of: receiving the first electrical signal fed back by the first detection module within the first preset time period; and starting to perform the control method from the step of receiving a first electrical signal fed back by the first detection module. (Deasy: [0080] “Having described the components of the apparatus 30, a general discussion of the self-cleaning cycle follows. Normally, the apparatus is at rest, which occurs whenever the apparatus has been filled with litter, turned on and is awaiting use by the pet. When the pet enters the apparatus, beginning at the ramp 39 and entering into the litter pan 33, the weight of the animal depresses the turntable 32, so that one of the weight sensors 66 makes contact with the rails 122, 123. In other words, the weight sensing mechanism 120; which comprises the weight sensors and the track assembly 121, is provided for the actuation of a pet-initiated cleaning cycle. The controller is preferably programmed to signal the timer after the weight of the animal has engaged a weight sensor with the rails for a minimum of 3 to 5 seconds. In other words, a brief contact between the sensor and rails will not cause a cycle to be initiated, because the pet would not have used the litter box. After the animal concludes its business and exits the apparatus, the turntable is again fully righted upon the spindle 86 and a signal is generated to the controller 259 to begin activation of a cleaning cycle, within a pre-determined time. Recognizing that the pet may return, a sufficient period is usually 30 minutes. Additionally, the apparatus employs self-clumping litter, which requires several minutes to absorb liquid waste and form a solid having sufficient integrity to be moved. Once begun, a cycle is completed in approximately two minutes and during this period, the sensors are no longer active.”) [If the animal the returns (presence) within the predetermined time, the pet-initiated cleaning cycle is started over again.] Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Wang, Baxter and Deasy before them, to modify the self-cleaning cat litter box control, to incorporate the pre-determined time delay between the time when the pet leaves the self-cleaning cat litter box and the time when the self-cleaning cat litter box starts the cleaning cycle. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would allow for time to ensure that the pet does not return to the self-cleaning cat litter box shortly after leaving. (Deasy: [0080]) Regarding claim 15, Wang and Baxter teach all the claimed features of claim 10. Wang and Baxter do not expressly teach the recitations of claim 15. Deasy teaches: wherein after the step of receiving a first electrical signal fed back by the first detection module, the control method further comprises a step of: starting a timer, and forming first time. (Deasy: [0080] “Having described the components of the apparatus 30, a general discussion of the self-cleaning cycle follows. Normally, the apparatus is at rest, which occurs whenever the apparatus has been filled with litter, turned on and is awaiting use by the pet. When the pet enters the apparatus, beginning at the ramp 39 and entering into the litter pan 33, the weight of the animal depresses the turntable 32, so that one of the weight sensors 66 makes contact with the rails 122, 123. In other words, the weight sensing mechanism 120; which comprises the weight sensors and the track assembly 121, is provided for the actuation of a pet-initiated cleaning cycle. The controller is preferably programmed to signal the timer after the weight of the animal has engaged a weight sensor with the rails for a minimum of 3 to 5 seconds. In other words, a brief contact between the sensor and rails will not cause a cycle to be initiated, because the pet would not have used the litter box. After the animal concludes its business and exits the apparatus, the turntable is again fully righted upon the spindle 86 and a signal is generated to the controller 259 to begin activation of a cleaning cycle, within a pre-determined time. Recognizing that the pet may return, a sufficient period is usually 30 minutes. Additionally, the apparatus employs self-clumping litter, which requires several minutes to absorb liquid waste and form a solid having sufficient integrity to be moved. Once begun, a cycle is completed in approximately two minutes and during this period, the sensors are no longer active.”) [The controller signaling the timer to start timing for the minimum time upon weight of the animal has engaged the weight sensor reads on “after the step of receiving a first electrical signal … starting a timer, and forming first time”.] Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Wang, Baxter and Deasy before them, to modify the self-cleaning cat litter box control, to incorporate the pre-determined time delay between the time when the pet leaves the self-cleaning cat litter box and the time when the self-cleaning cat litter box starts the cleaning cycle. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would allow for time to ensure that the pet does not return to the self-cleaning cat litter box shortly after leaving. (Deasy: [0080]) Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wang, in view of Baxter, further in view of Smith et al. (US 2023/0397568 A1) (“Smith”). Regarding claim 14, Wang and Baxter teach all the claimed features of claim 10. Baxter further teaches: wherein the first detection module is a distance sensor, and the second detection module is a photoelectric sensor; (Baxter: [0025] “The automated litter device may include one or more sensors. The one or more sensors may function to detect one or more conditions of the device, receive one or more status signals, transmit one or more status signals, or a combination thereof. The one or more status signals may be related to one or more conditions of one or more components of the litter device. The one or more sensors may be located in any one or more portions of the litter device which may allow for a sensor to detect the presence and/or absence of one or more conditions of the one or more components. Based on the one or more conditions sensed, one or more sensors may transit one or more signals to one or more controllers, processors, communication modules, computing devices, or any combination thereof. One or more signals from one or more sensors may be converted into one or more status signals by one or more controllers, processors, communication modules, computing devices, or any combination thereof. One or more sensors may be adapted to detect one or more conditions related to: a mass, change in mass, or both of the litter device; a presence of waste, a level of waste, or both; the presence of light, light above, at, and/or below a lumen level, or a combination thereof; a connection between two or more components of the device (e.g., support base and bonnet); the presence of one or more pinch conditions; one or more positions of a chamber; an operating condition of a motor; or any combination thereof. The one or more sensors may include one or more waste drawer sensors (e.g., indicator), mass or presence sensors, light sensors, interlock sensors, pinch detectors, position sensors, motor sensors (e.g., one or more laser sensors, distance sensors,) or any combination thereof.”) The motivation to combine Wang and Baxter as described in claim 10 is incorporated herein. Wang and Baxter do not expressly teach: the first electrical signal is an electrical signal fed back to the circuit board when the first detection module has detected a decrease in a distance; and the second electrical signal is an electrical signal fed back to the circuit board when the first detection module has detected an increase in a distance. Smith teaches: the first electrical signal is an electrical signal fed back to the circuit board when the first detection module has detected a decrease in a distance; and the second electrical signal is an electrical signal fed back to the circuit board when the first detection module has detected an increase in a distance. (Smith: [0060] “The one or more entry barriers may be in direct and/or indirect communication with one or more sensors. The one or more sensors may detect one or more conditions. One or more conditions may trigger opening and/or closing of the entry barrier. The one or more sensors may include one or more animal presence sensors, identification sensors, image sensors, waste drawer sensors, and/or the like. Based on one or more sensed conditions by the one or more sensors, the one or more entry barriers may automatically close (e.g., move into closed position), open (e.g., move into open position), or both. One or more animal presence sensors upon detecting one or more animals within range of the litter device may trigger the one or more entry barriers automatically opening. One or more animal presence sensors upon detecting one or more animals exiting the litter device, departing a predetermined proximity to the litter device (e.g., being a certain distance away from) may trigger the one or more entry barriers automatically closing. One or more identification sensors upon sensing one or more identification tags within a sensing field may trigger one or more entry barriers automatically opening. One or more identification sensors upon sensing one or more identification tags exiting and/or longer within the sensing field may trigger one or more entry barriers automatically closing. One or more waste drawer sensors upon sensing a waste drawer which is full may trigger one or more entry barriers automatically closing. One or more waste drawer sensors upon sensing a waste drawer has been emptied or is below a full level may trigger one or more entry barriers automatically opening. The one or more entry barriers may be in communication with the one or more sensors via one or more electrical connections, controllers, or both. One or more litter condition sensors upon sensing one or more litter conditions may trigger one or more entry barriers automatically closing.”) [Detecting within range of the litter device reads on “a decrease in a distance”. Departing the predetermined proximity to (or distance away from) the litter device reads on “an increase in a distance”. Triggering reads on “an electrical signal”.] Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention, having the teachings of Wang, Baxter and Smith before them, to modify the self-cleaning cat litter box control based on presence or absence of the cat, to incorporate using distance or the range of the cat movement to determine the presence or absence of the cat at the self-cleaning cat litter box. One of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to do this modification because it would allow for proper opening or closing of the cat litter box. (Smith: [0004]) It is noted that any citations to specific, pages, columns, lines, or figures in the prior art references and any interpretation of the reference should not be considered to be limiting in any way. A reference is relevant for all it contains and may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art. See MPEP 2123. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL W CHOI whose telephone number is (571)270-5069. The examiner can normally be reached Monday-Friday 8am-5pm. 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, Kamini Shah can be reached at (571) 272-2279. 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. /MICHAEL W CHOI/Primary Examiner, Art Unit 2116
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Prosecution Timeline

Nov 10, 2023
Application Filed
Jan 12, 2026
Non-Final Rejection — §103, §112, §DP (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
78%
Grant Probability
99%
With Interview (+29.2%)
2y 10m
Median Time to Grant
Low
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