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 Objections
Claim 18 is objected to because of the following informalities:
The first two limitations of claim 18 should match the rest of the claim by having “a.” and “b.” in front of the limitations.
Appropriate correction is required.
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.
Claims 1-18 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.
Claims 1-18 are rejected as failing to define the invention in the manner required by 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph. The claims are narrative in form and replete with indefinite language. The structure which goes to make up the device must be clearly and positively specified. The structure must be organized and correlated in such a manner as to present a complete operative device. The claims must be in one sentence form only. Note the format of the claims in the patents cited. Examples of narrative and indefinite terms include “seamless” “effortlessly” “easy” and phrases such as “showcasing the system's dynamic adaptability in reconfiguring its geometric structure to navigate constrained spaces” and “underscoring the system's convenience and adaptability to diverse environmental contexts.” These limitations are considered indefinite, as it is unclear exactly what is structurally required of the limitation. This list is not exhaustive and all limitations with narrative language must be fixed.
Throughout the claims, applicant introduces new parts with “the”. New parts should be introduced with “a” For example, claim 5 recites the limitation "the Watering Subsystem". There is insufficient antecedent basis for this limitation in the claim. Additional examples of this include “the Feeding Subsystem” in claim 6 and “the Power Subsystem” in claim 14. This list is not exhaustive, and all limitations with a lack of antecedent basis must be fixed.
Regarding claims 9 and 17, the use of the language "can be" renders the limitation indefinite. "Can be" makes it unclear whether the limitation is required of the claim, and what exactly the bounds of the limitation are, thus rendering the claim indefinite.
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 1-3, 5-13, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Doughty (US 2024/0188535) in view of Jiang (US 2012/0291715) and Cheng (CN 112056222).
Regarding Claim 1, Doughty discloses a Mobile Autonomous Pet Care System, comprising:
an adjustable Main Chamber (pet crate system 900) whose dimensions and shape are configurable to accommodate pets of various sizes and to facilitate seamless passage through different-sized entryways (Figures 14A and 14B shows adjustable sizes; Paragraphs [0138-0140]), wherein the Main Chamber's adjustments allow for alterations in both size and geometric configuration to ensure compatibility with a range of indoor and outdoor environments (Figures 14A-14B show adjustments in size and allow for change in geometric configuration e.g. a rectangle to a square);
a plurality of modular supporting subsystems coupled to the Main Chamber, each subsystem designed to fulfill specific pet care functions comprising: watering (“The liquid hopper 112 can be configured to receive and retain liquids, such as water, therein, and the liquid hopper 112 can be operable to dispense liquid into the liquid tray 108.” Paragraph [0032]; “The pet bed 400 can also include an accessory module port 424 that can be connected to the frame 402 and can be in communication with the controller 420. The accessory module port 424 can be… configured to connect to one or more accessory devices, such as…a treat or food dispenser 428 (such as the pet feeding system 100),” Paragraph [0102]; “The components of the pet crate system 900 can be consistent with the pet bed 400 such that like numerals can represent like components.” Paragraph [0115]), feeding (feeder 100, food dispenser 428; “a treat or food dispenser 928” Paragraph [0115]; Figures 1, 8, and 11), temperature control (temperature sensor 958, heating pad 956, and cooling pad 954; Paragraph [0123]), security and remote monitoring and control (camera 950, microphone 934, and speaker 936; Paragraph [0117]);
wherein the adjustable Main Chamber, capable of altering its shape and dimensions (Figures 14A-14B), and the modular pet care subsystems (Figure 11) are integrated into a cohesive operational framework to provide a comprehensive and autonomous care solution for pets (Paragraph [0115]).
Doughty fails to disclose wherein each subsystem designed to fulfill specific pet care functions comprising: waste management and exercise and play, and wherein the plurality of modular supporting subsystems are detachable.
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 subsystems of Doughty, to be detachable, with reasonable expectation of success, in order to allow for easier disassembly of the device, or adjustments to the size and shape of the device for transportation or storage, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Additionally, Jiang teaches a similar autonomous pet care system, wherein each subsystem designed to fulfill specific pet care functions comprising: waste management (automatic excrement treating device 5; Figure 5; Paragraph [0032]).
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 main chamber and subsystems of Doughty, with the waste management system of Jiang, with reasonable expectation of success, in order to help ensure the pet has a healthy and clean living environment.
Additionally, Cheng teaches a similar autonomous pet care system, wherein each subsystem designed to fulfill specific pet care functions comprising: exercise and play (“the user can through remote control starting of the toggle motor 16, so that the rotating block 18 to rotate back and forth, so that the toy ball 20 shaking, to perform remote interaction with the pet” Page 5 last Paragraph of translation).
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 main chamber and subsystems of Doughty, with the exercise and play subsystem of Cheng, with reasonable expectation of success, in order to help ensure the pet remains entertained while the user is away, to help prevent anxiety of destruction from the pet.
Regarding Claim 2, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1. Doughty further discloses the Mobile Autonomous Pet Care System, wherein the adjustable Main Chamber is specifically designed to modify its shape and size to facilitate passage through standard household doors, enhancing the system's mobility between indoor and outdoor environments without manual disassembly (Figures 14A-14B).
Regarding Claim 3, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1. Doughty further discloses the Mobile Autonomous Pet Care System, wherein the adjustable Main Chamber is equipped with a mechanism for manual or automated adjustment of its dimensions and shape, facilitating customization to meet the specific needs of the pet and the space it occupies (“In operation, the controller 920 can operate the frame actuator 960 to adjust a size of the frame 902 between an expanded position and a contracted position, such as by modifying a length or width of the frame 902.” Paragraph [0120]).
Regarding Claim 5, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1. Doughty further discloses the Mobile Autonomous Pet Care System, wherein the Watering Subsystem includes a filtration system (filter 136; Paragraph [0043]) to ensure the provision of clean and fresh water to the pet, and a monitoring system to alert the owner when water levels are low (level sensor 140; Paragraph [0045]; “The controller 120 can also produce an alert based on the load signal from the load cell 142 (or based on the level signal from the level sensor 140)” Paragraph [0062]).
Regarding Claim 6, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1. Doughty further discloses the Mobile Autonomous Pet Care System, wherein the Feeding Subsystem comprises an automated feeder capable of dispensing predetermined quantities of food at scheduled intervals (“the amount of food to be delivered per day can be delivered in increments, such as 125 grams per serving, which can be delivered when the controller 120 determines (based on the load cell signal from the food sensor 114) when the food in the food tray 106 has been consumed, such that each serving can be dispensed based on a schedule” Paragraph [0065]), and includes sensors to notify the owner when food supplies need replenishment (Paragraph [0077]).
Regarding Claim 7, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1.
Doughty fails to disclose the Mobile Autonomous Pet Care System, wherein the Waste Management Subsystem features an automated cleaning mechanism to regularly dispose of waste, and contains odor control technology to maintain a hygienic environment within the Main Chamber.
However, Jiang teaches a similar autonomous pet care system, wherein the Waste Management Subsystem features an automated cleaning mechanism to regularly dispose of waste, and contains odor control technology to maintain a hygienic environment within the Main Chamber (automatic excrement treating device 5; Paragraph 0032], washing/flushing the excrement away is a form of odor control).
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 main chamber and subsystems of Doughty, with the waste management system of Jiang, with reasonable expectation of success, in order to help ensure the pet has a healthy and clean living environment.
Regarding Claim 8, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1. Doughty further discloses the Mobile Autonomous Pet Care System, wherein the Temperature Control Subsystem utilizes environmental sensors to monitor and adjust the internal conditions of the Main Chamber, maintaining an optimal climate for the pet's health and comfort (Paragraph [0123]).
Regarding Claim 9, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1.
Doughty fails to disclose the Mobile Autonomous Pet Care System, wherein the Exercise and Play Subsystem includes interactive toys and exercise equipment that can be remotely activated or programmed to engage the pet in physical activity.
However, Cheng teaches a similar Autonomous Pet Care System, wherein the Exercise and Play Subsystem includes interactive toys and exercise equipment that can be remotely activated or programmed to engage the pet in physical activity (“the user can through remote control starting of the toggle motor 16, so that the rotating block 18 to rotate back and forth, so that the toy ball 20 shaking, to perform remote interaction with the pet” Page 5 last Paragraph of translation).
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 main chamber and subsystems of Doughty, with the exercise and play subsystem of Cheng, with reasonable expectation of success, in order to help ensure the pet remains entertained while the user is away, to help prevent anxiety of destruction from the pet.
Regarding Claim 10, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1. Doughty further discloses the Mobile Autonomous Pet Care System, wherein the Security Subsystem safeguards the pet by detecting and notifying owners of unauthorized access or potential security breaches within the environment of the Main Chamber (“The pet crate system 900 can also include an image capture device 950 (e.g., a camera). The image capture device 950 can be connected to the housing 903 and can be configured to transmit an image capture signal to the controller 920 based on imagery of an environment of the pet crate system 900, or within the housing 903, such as one or more pets or persons.” Paragraph [0117]; “Also, the controller 920 can transmit data or alerts (such as those described above) to one or more devices of the communication network 20, such as the mobile device 204.” Paragraph [0124]; “the controller configured to identify a pet based on the image capture signal, and the controller configured to move the door based on the identified pet.” Paragraph [0164]).
Regarding Claim 11, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1.
Doughty fails to disclose the Mobile Autonomous Pet Care System, wherein the Remote Monitoring and Control Subsystem provides real-time video surveillance of the pet, and allows the owner to remotely control system settings and receive alerts on the pet's wellbeing.
However, Jiang teaches an Autonomous Pet Care System, wherein the Remote Monitoring and Control Subsystem provides real-time video surveillance of the pet, and allows the owner to remotely control system settings and receive alerts on the pet's wellbeing (Paragraph [0041]).
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 main chamber and subsystems of Doughty, with the video surveillance and control subsystem of Jiang, with reasonable expectation of success, in order to help reduce separation anxiety and help prevent any destruction from the pet.
Regarding Claim 12, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1. Doughty further discloses the Mobile Autonomous Pet Care System, wherein the adjustable Main Chamber's size and shape can be modified either manually or remotely (Paragraph [0120]), with the latter operation facilitated through a remote control mechanism integrated within the Remote Monitoring and Control Subsystem, allowing pet owners to reconfigure the chamber's dimensions and geometric structure from a distance to suit immediate spatial requirements or preferences (“In some examples, the controller 920 can receive a signal from a user device (e.g., the mobile device 204) to select a size of the frame 902 and can operate the frame actuator 960 to adjust the size of the frame 902 accordingly.” Paragraph [0120]).
Regarding Claim 13, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1. Doughty further discloses the Mobile Autonomous Pet Care System, wherein the modular supporting subsystems are interconnected through a centralized control unit, enabling synchronized operation and remote management by the pet owner via a mobile application or web interface (controller 920; Figure 11; mobile device 204; Paragraph [0123-125]).
Regarding Claim 17, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1. Doughty further discloses the Mobile Autonomous Pet Care System, wherein the adjustable Main Chamber is constructed for transportability and stationing in various locations, such as private garages, exterior residential areas, or communal outdoor spaces, thereby enabling a versatile arrangement for temporary caregiving by designated individuals. This configuration ensures that pets can be efficiently and comfortably managed in the owner's absence, promoting seamless continuity of care and welfare (the crate is “constructed” to be able to be placed indoors or outdoors, and can change size as shown in Figures 14A-14B).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Doughty in view of Jiang and Cheng as applied to claim 1 above, and further in view of Link (US 2015/0305297).
Regarding Claim 4, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1.
Doughty fails to disclose the Mobile Autonomous Pet Care System, wherein the adjustable Main Chamber, initially exemplified by dimensions of 4 feet by 6 feet with a square configuration, is capable of altering its shape to a parallelogram to facilitate passage through a doorway measuring 3 feet in width, showcasing the system's dynamic adaptability in reconfiguring its geometric structure to navigate constrained spaces.
However, Link teaches a pet housing system (animal enclosure 10; Figure 1), wherein the adjustable Main Chamber, initially exemplified with a rectangular configuration (Figure 1), is capable of altering its shape to a parallelogram (Figure 5B) to facilitate passage through a doorway measuring 3 feet in width, showcasing the system's dynamic adaptability in reconfiguring its geometric structure to navigate constrained spaces.
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 pet housing of Doughty, to be adjustable into a parallelogram shape as taught by Link, with reasonable expectation of success, in order to allow for easier transportability and storage of the pet system.
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 pet housing of Doughty, to be initially exemplified by dimensions of 4 feet by 6 feet with a square configuration, with reasonable expectation of success, in order to allow for sufficient room for the pet to move around within the housing, since such a modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Further, in Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Claims 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Doughty in view of Jiang and Cheng as applied to claim 1 above, and further in view of Bender (US 2022/0000065).
Regarding Claim 14, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1.
Doughty fails to disclose the Mobile Autonomous Pet Care System, wherein the Power Subsystem that ensures a sustainable energy supply for the system's operation, capable of integrating and managing power from multiple sources including solar panels, batteries, and generators, to maintain continuous functionality of the Main Chamber and its modular supporting subsystems.
However, Bender teaches the Mobile Autonomous Pet Care System, wherein the Power Subsystem that ensures a sustainable energy supply for the system's operation, capable of integrating and managing power from multiple sources including solar panels, batteries, and generators, to maintain continuous functionality of the Main Chamber and its modular supporting subsystems (“The power source may be a plug, a battery, solar power, wind power, green energy, or a combination thereof.” Paragraph [0057]; therefore the system is “capable of” doing so from a generator as well).
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 main chamber and subsystems of Doughty, with the power subsystem of Bender, with reasonable expectation of success, in order to help ensure the pet remains in safe living conditions, by having multiple power sources.
Regarding Claim 15, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1.
Doughty fails to disclose the Mobile Autonomous Pet Care System, further comprising a Wheel Platform integrated with the Main Chamber, featuring a locking mechanism for secure placement and wheels designed for easy maneuverability across various terrains, facilitating the transport of the Main Chamber between locations
However, Bender teaches a similar mobile Autonomous Pet Care System, further comprising a Wheel Platform integrated with the Main Chamber (kennel 2, with wheels shown in Figure 3), featuring a locking mechanism (“In the assembled state the wheels may be locked. In the assembled state the wheels may be movable.” Paragraph [0057]) for secure placement and wheels designed for easy maneuverability across various terrains, facilitating the transport of the Main Chamber between locations (Paragraph [0059]).
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 main chamber of Doughty, with the wheels and locking mechanism of Bender, with reasonable expectation of success, in order to allow for easier transportation of the pet care system.
Regarding Claim 16, Doughty as modified teaches the Mobile Autonomous Pet Care System of claim 1.
Doughty fails to disclose the Mobile Autonomous Pet Care System, wherein the Wheel Platform is specifically engineered to effortlessly roll the Main Chamber up and down, facilitating smooth transitions between varying elevations, and is additionally designed for easy disassembly for compact storage, underscoring the system's convenience and adaptability to diverse environmental contexts.
However, Bender teaches the Mobile Autonomous Pet Care System, wherein the Wheel Platform is specifically engineered to effortlessly roll the Main Chamber up and down, facilitating smooth transitions between varying elevations, and is additionally designed for easy disassembly for compact storage, underscoring the system's convenience and adaptability to diverse environmental contexts (Paragraph [0059]).
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 main chamber of Doughty, with the wheels and locking mechanism of Bender, with reasonable expectation of success, in order to allow for easier transportation of the pet care system.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Doughty (US 2024/0188535) in view of Bender (US 2022/0000065) and Cheng (CN 112056222).
Regarding Claim 18, Doughty discloses a Mobile Autonomous Pet Care System comprising:
an adjustable Main Chamber configured to accommodate pets of varying sizes and to facilitate passage through variously sized entryways (Figures 14A and 14B shows adjustable sizes; Paragraphs [0138-0140]);
a modular subsystem framework including but not limited to, a Watering Subsystem (“The liquid hopper 112 can be configured to receive and retain liquids, such as water, therein, and the liquid hopper 112 can be operable to dispense liquid into the liquid tray 108.” Paragraph [0032]; “The pet bed 400 can also include an accessory module port 424 that can be connected to the frame 402 and can be in communication with the controller 420. The accessory module port 424 can be… configured to connect to one or more accessory devices, such as…a treat or food dispenser 428 (such as the pet feeding system 100),” Paragraph [0102]; “The components of the pet crate system 900 can be consistent with the pet bed 400 such that like numerals can represent like components.” Paragraph [0115]), a Feeding Subsystem (“a treat or food dispenser 928” Paragraph [0115]; Figure 11), a Temperature Control Subsystem (temperature sensor 958, heating pad 956, and cooling pad 954; Paragraph [0123]), a Security and Monitoring Subsystem (camera 950, microphone 934, and speaker 936; Paragraph [0117]), and a Remote Monitoring and Control Subsystem (mobile device 204);
f. wherein the Main Chamber and its subsystems are constructed to facilitate a controlled, interactive, and adaptable living environment for the pet (Paragraphs [0004], [0115]; Figure 11).
Doughty fails to disclose a Waste Management Subsystem, c. an integrated Power Subsystem capable of drawing energy from multiple sources including a battery, solar panels, and a generator, d. a Wheel Platform affixed to the Main Chamber, featuring a sturdy frame with a locking mechanism and wheels designed for traversability across diverse surfaces; e. the subsystem framework being further characterized by components for engagement and stimulation, including interactive toys, exercise equipment, and environmental obstacles within an Exercise and Play Subsystem.
However, Bender teaches a similar mobile autonomous pet care system comprising a Waste Management Subsystem (“The bathroom system may store fluid, solids, or both. The bathroom system may include a tray that collects waste and guides the waste to a storage location.” Paragraphs [0043] and [0045]),
c. an integrated Power Subsystem capable of drawing energy from multiple sources including a battery, solar panels, and a generator (“The power source may be a plug, a battery, solar power, wind power, green energy, or a combination thereof.” Paragraph [0057] therefore the system is “capable of” doing so from a generator as well);
d. a Wheel Platform affixed to the Main Chamber, featuring a sturdy frame with a locking mechanism (“In the assembled state the wheels may be locked. In the assembled state the wheels may be movable.” Paragraph [0057]) and wheels designed for traversability across diverse surfaces (Paragraph [0059]).
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 main chamber and subsystems of Doughty, with the waste management system of Bender, with reasonable expectation of success, in order to help ensure the pet has a healthy and clean living environment, and to have provided the main chamber and subsystems of Doughty, with the power subsystem of Bender, with reasonable expectation of success, in order to help ensure the pet remains in safe living conditions, by having multiple power sources, and to have provided the main chamber of Doughty, with the wheels and locking mechanism of Bender, with reasonable expectation of success, in order to allow for easier transportation of the pet care system.
Additionally, Cheng teaches a similar autonomous pet care system being further characterized by components for engagement and stimulation, including interactive toys, exercise equipment, and environmental obstacles within an Exercise and Play Subsystem (“the user can through remote control starting of the toggle motor 16, so that the rotating block 18 to rotate back and forth, so that the toy ball 20 shaking, to perform remote interaction with the pet” Page 5 last Paragraph of translation).
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 main chamber and subsystems of Doughty, with the exercise and play subsystem of Cheng, with reasonable expectation of success, in order to help ensure the pet remains entertained while the user is away, to help prevent anxiety of destruction from the pet.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Badiou (US 2019/0110430), Piccioni (US 2015/0068466), Galeone (US 2013/0132135), and Chem (US 2009/0223463) are considered relevant prior art as they pertain to similar smart pet care devices.
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/A.K.P./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642