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 .
Election/Restrictions
Applicant’s election without traverse of Group I: Claims 1-18 in the reply filed on 11/05/2025 is acknowledged.
Specification
The disclosure is objected to because of the following informalities:
The abstract is objected to as it is written in the form of a claim and should be a paragraph giving a concise summary of the invention.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
Claim 2 recites, “weight monitoring means” defined as at least one weight sensor and equivalents thereof
Claim 5 recites “temperature monitoring means” define as at least one temperature sensor and equivalents thereof
Claim 9 recites “visual monitoring means” defined as at least one camera and equivalents thereof
Claim 11 recites “gas monitoring means” not defined, see 112b below
This application includes one or more claim limitations that use the word “means” or “step” but are nonetheless not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph because the claim limitation(s) recite(s) sufficient structure, materials, or acts to entirely perform the recited function. Such claim limitation(s) is/are:
“weight monitoring means” in claims 3-4
“temperature monitoring means” in claims 6-7
“visual monitoring means” in claim 10
Because this/these claim limitation(s) is/are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are not being interpreted to cover only the corresponding structure, material, or acts described in the specification as performing the claimed function, and equivalents thereof.
If applicant intends to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to remove the structure, materials, or acts that performs the claimed function; or (2) present a sufficient showing that the claim limitation(s) does/do not recite sufficient structure, materials, or acts to perform the claimed function.
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 11-12 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 11 recites, “gas monitoring means”. As per the 112f interpretation above the specification fails to define any structure which constitutes the gas monitoring means.
Claim 12 is rejected based on its dependency on 11.
Claim 12 recites, “said signal relating to weight”. As claim 12 does not depend from claim 2 it is unclear how the signal relating to weight is determined.
Claim 12 recites, “signal relating to temperature”. As claim 12 does not depend from claim 5 it is unclear how the signal relating to temperature is determined.
Claim 12 recites, “video signal”. As claim 12 does not depend on claim 9 it is unclear how the video signal is being determined.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 9, 10, 28 rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Wang (CN 108541608, provided by applicant, see English translation provided herein)
For claim 1, Wang teaches a kennel (abstract and figs.) for dogs, the kennel comprising:
at least one perimeter wall (1) covered at a top by at least one roof (fig. 2);
at least one internal flooring (3) defining, together with said at least one perimeter wall, at least one housing area (fig. 1-2) for at least one dog, said at least one perimeter wall being provided with at least one access opening (see opening in fig. 1) which the at least one dog can pass through to gain access to said at least one housing area (fig. 1);
at least one monitoring systemsterilizing, automatically dehumidifying, it can automatically clean the pet cage, ensure the pet cage with a healthy and comfortable environment and high intelligent degree”); and
at least one electronic processing and control unit operationally linked to said at least one monitoring system (claims 1-2 and description “remote control pet cage”).
For claim 9, Wang further discloses wherein said at least one monitoring system comprises visual monitoring means of the at least one dog which are adapted to capture images of said at least one housing area and to send at least one signal to said at least one electronic processing and control unit containing said images when obtaining at least one video signal (camera 26, all cameras can be “adapted to” do this).
For claim 10, Wang further discloses wherein said visual monitoring means comprise at least one camera (26).
For claim 18, Wang further discloses wherein said monitoring system comprises at least one automatic feeding system for the at least one dog (fig. 5), comprising:
at least one cup intended to contain food for feeding the at least one dog (19);
at least one container of food (11);
at least one transport element of the food from said at least one container to said at least one cup (16);
at least one timed sensor operationally connected to said at least one transport element and programmed with at least one preset time range, said at least one timed sensor being configured to actuate said at least one transport element at regular time ranges substantially coinciding with said at least one preset time range (via valve 171, see description page 5, first paragraph).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Beak (KR 20170058571, provided herein, see English translation provided herein).
For claim 2-3, Wang is silent about wherein said at least one monitoring system comprises weight monitoring means of the at least one dog configured to send to said at least one electronic processing and control unit at least one signal relating to
said weight monitoring means comprise at least one weight sensor associated with said at least one internal flooring
Beak teaches an intelligent pet housing (abstract and figs.) including at least one monitoring system comprising:
weight monitoring means (sensor 121) of the at least one dog configured to send to said at least one electronic processing and control unit at least one signal relating to a weight of the dog, said at least one electronic processing and control unit being configured to determine a presence of the at least one dog inside said at least one housing area depending on the reception of said signal relating to the weight of the at least one dog (description, “the sensor unit 120 for detecting the presence or absence of a pet in the accommodation space is composed of the weight detection sensor 121 and the image detection sensor 122”);
said weight monitoring means comprise at least one weight sensor associated with said at least one internal flooring (121, see fig. 2).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the dog kennel of Wang include a weight sensor, as taught by the dog kennel of Beak, with a reasonable expectation of success, in order to ascertain the weight and presence of the pet.
For claim 4, Modified Wang is silent about wherein said weight monitoring means comprise four weight sensors arranged in proximity of the four corners of said at least one internal flooring.
It would have been an obvious to one having ordinary skill in the art at the time the invention was made as substitution of functional equivalent to substitute electric scale of modified Wang with four weight sensors with a reasonable expectation of success, in order to weigh the pet since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
For claim 8, modified Wang is silent about wherein said at least one monitoring system comprises at least one indicator light of the presence of the dog associated with said at least one perimeter wall and operationally connected to said at least one electronic processing and control unit to light up, indicating the presence of the dog inside said at least one housing area, as a result of said determination by said at least one electronic processing and control unit of the presence of the at least one dog.
Beak further teaches said at least one monitoring system comprises at least one indicator light of the presence of the dog associated with said at least one perimeter wall and operationally connected to said at least one electronic processing and control unit to light up, indicating the presence of the dog inside said at least one housing area, as a result of said determination by said at least one electronic processing and control unit of the presence of the at least one dog (description, “a light source unit that emits ultraviolet rays and infrared rays, a sensor unit that detects the presence or absence of a pet, and automatically controls illumination of the light source unit according to the presence or absence of the pet detected by the sensor unit.”)
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the dog kennel of modified Wang include a light illuminating automatically upon presence of the pet, as taught by Beak, with a reasonable expectation of success, in order to provide light to the pet and indicate the pet is present.
Claim(s) 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as modified by Beak, as applied to claim 2 above, in further view of Felton-Armouti (US 2020/0037603, hereafter referred to as Felton).
For claim 5, Wang further teaches wherein said at least one monitoring system comprises temperature monitoring means (701) adapted to send to said at least one electronic processing and control unit at least one signal relating to temperature (para 5, first paragraph).
Wang is silent about the at least one electronic processing and control unit being programmed with at least one reference temperature value and being configured to compare said signal relating to temperature with said at least one reference temperature value to determine, depending on said comparison, the presence of the at least one dog inside said housing area.
Sensing animal presence via temperature differential is however well known. Felton teaches a temperature monitoring means (thermocouple or thermometer) with at least one reference temperature value and being configured to compare said signal relating to temperature with said at least one reference temperature value to determine, depending on said comparison, the presence of the at least one dog inside said housing area (para 0125, sensing changing, i.e. comparison to detect animal presence).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the dog kennel of modified Wang include detect of animal presence via temperature, as is known in view of Felton, with a reasonable expectation of success, in order to ascertain an animal is present in the pet house.
For claim 6, modified Wang further discloses wherein said temperature monitoring means comprise at least one temperature sensor (701) associated with said at least one internal flooring (701, all elements are “associated with” each other).
For claim 7, modified Wang is silent about wherein said at least one temperature monitoring means comprise at least one array of said temperature sensors distributed spaced apart from each other.
It would have been an obvious to one having ordinary skill in the art at the time the invention was made as substitution of functional equivalent to substitute temperature sensor of modified Wang with an array of sensors with a reasonable expectation of success, in order to ascertain the temperature throughout the housing and since a simple substitution of one known element for another would obtain predictable results. KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007).
Claim(s) 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang in view of Womble (US 2020/0178495, cited in IDS).
For claim 11, Wang is silent about wherein said at least one monitoring system comprises gas monitoring means of gases contained inside said at least one housing area which are adapted to send to said at least one electronic processing and control unit at least one signal relating to concentration and to a types of said gases, said at least one electronic processing and control unit being configured to compare values with corresponding reference values in order to determine, depending on said comparison, whether the at least one dog is affected by one or more pathologies.
Womble teaches an animal monitoring system (abstract and figures) including wherein said at least one monitoring system comprises gas monitoring means of gases contained inside said at least one housing area which are adapted to send to said at least one electronic processing and control unit at least one signal relating to concentration and to a type of said gases, said at least one electronic processing and control unit being configured to compare values with corresponding reference values in order to determine, depending on said comparison, whether the at least one dog is affected by one or more pathologies (para 0132, claims 22-23).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the dog kennel of Wang include a gas monitoring means, as taught by the monitoring system of Womble, with a reasonable expectation of success, in order to allow for the detection of potentially hazardous gases that could affect the animals health.
For claim 12, modified Wang further teaches wherein said at least one electronic processing and control unit comprises at least one remote connection module to at least one digital processor configured to display in real time at least one of: said signal relating to weight, said signal relating to temperature, said video signal and said signal relating to the gas concentration and said types (as best understood, page 5 of Wang, end of first paragraph, “the user can observe the condition of the pet cage through the mobile phone” and camera 26 supplying the video feed).
Claim(s) 13-17 are rejected under 35 U.S.C. 103 as being unpatentable over Wang as modified by Beak, as applied to claim 2 above, in further view of Civitillo (US 8117991) and Shaw (US 4986221).
For claim 13, modified Wang further teaches wherein said at least one monitoring system comprises
at least one automatic watering system for the at least one dog (fig. 6) comprising:
at least one bowl designed to hold water for the at least one dog to drink (20);
at least one hydraulic assembly comprising:
at least one water tank (12) at least one main pipe (18) associated with said at least one water tank (fig. 6) and connected in a fluid-operated manner to said at least one bowl for at least partly filling said at least one bowl with water (see figs. description page 5, first paragraph);
Modified Wang is silent about
at least one main pumping device operationally connected to said at least one water tank for pumping water from said at least one water tank to said at least one bowl;
and at least one activation sensor operationally connected to said at least one main pumping device and configured to detect the presence of the at least one dog in
wherein said at least one automatic watering system comprises at least one cooling device associated with said at least one water tank and adapted to reduce a temperature of the water contained inside said at least one water tank the latter.
wherein said at least one hydraulic assembly comprises: at least one secondary pipe associated with said at least one bowl and connected in a fluid-operated manner to said at least one water tank for reintroduction inside said at least one water tank of the residual water in said at least one bowl and at least one secondary pumping device operationally connected to said at least one bowl for pumping said water from said at least one bowl to said at least one water tank.
Civitillo teaches a water dispenser (abstract and figs.) including
at least one bowl designed to hold water for the at least one dog to drink (16);
at least one hydraulic assembly comprising:
at least one water tank (12, 14) at least one main pipe (18) associated with said at least one water tank (figs.) and connected in a fluid-operated manner to said at least one bowl for at least partly filling said at least one bowl with water (see figs.);
at least one main pumping device operationally connected to said at least one water tank for pumping water from said at least one water tank to said at least one bowl (see fig. 8, multiple pumps 32 at waterfall 18 to fill the bowl);
wherein said at least one automatic watering system comprises at least one cooling device (cooling plate 36) associated with said at least one water tank and adapted to reduce a temperature of the water contained inside said at least one water tank the latter (36);
wherein said at least one hydraulic assembly comprises:
at least one secondary pipe associated with said at least one bowl and connected in a fluid-operated manner to said at least one water tank for reintroduction inside said at least one water tank of the residual water in said at least one bowl (22, see figs.) and at least one secondary pumping device operationally connected to said at least one bowl for pumping said water from said at least one bowl to said at least one water tank (lower 32 in fluid connection with 22 as seen in fig. 8).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the watering system of Wang include a cooling device and secondary pump, as taught by Civtillo, with a reasonable expectation of success, in order to recirculate water within the system and keep water cool throughout the day (Col. 3, line 20-Col. 4, lines 36 of Civtillo).
Shaw teaches a watering system for animals (abstract and figs.) including and at least one activation sensor configured to detect the presence of the at least one dog in
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Wang further include at least one activation sensor, as taught by Shaw, with a reasonable expectation of success, in order to activate the pump of the watering system when the animal is in close proximity thereto, to allow for the animal to have fresh water.
For claims 16, modified Wang is silent about 16. wherein said at least one activation sensor is operationally connected to said at least one secondary pumping device and is configured to activate, consequently to an interruption of the detection of the presence of the at least one dog, said at least one secondary pumping device
In addition to above, Shaw further teaches at least one activation sensor configured to activate, consequently to an interruption of the detection of the presence of the at least one dog, removal of water from said bowl (abstract, Col. 1, 53-56).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Wang further include at least one activation sensor to detect absence of the pet, as taught by Shaw, with a reasonable expectation of success, in order to allow for removal of old water from the bowl and thereby allowing replenishment with clean water whenever an animal is present.
The combination would result in activating the drain/secondary pump of Civtillo upon detection of absence of the pet, allowing for the water to recirculate within the system.
For claim 17, modified Wang is silent about wherein said at least one hydraulic assembly comprises at least one water filtration device associated with said at least one secondary pipe
In addition to above, Civtillo further teaches at least one water filtration device (abstract, filter box 38) associated with said at least one secondary pipe (all parts are “associated” with one another).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to make the system of modified Wang further include a filter, as further taught by Civtillo, with a reasonable expectation of success, in order to assure the water is continuously cleaned for the animal.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
The prior art of record is noted as it pertains to the state of the art of intelligent pet houses and monitoring of animals therein.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAGDALENA TOPOLSKI whose telephone number is (571)270-3568. The examiner can normally be reached M-F 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached at 5712705301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642