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 .
Response to Amendments
The Amendment filed 07/15/2026 has been entered. Claims 1-3,5-9 remain pending in the application.
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) 1-3,5-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Qian (CN218417859U) in view of CN (CN 215819603 U) .
Regarding claim 1:
Qian discloses:
A pet toilet, comprising: (abstract and figs)
a toilet (fig 1)
divided into an excretion region(20, fig 2) and a receiving region (bottom right of 10, fig1+2)
a receiving body (40) detachably mounted in the receiving region, (“the garbage box 40 is detachably set on the shell 10”)
wherein a receiving opening is formed on an upper side of the receiving body, (42 received on 40)
and the receiving opening is configured to allow excrement in the toilet to pass therethrough, (“the garbage box 40 is detachably set on the shell 10, located below the side of the waste discharging port 22. the garbage box 40 is provided with an upper opening 42, the waste block from the waste discharging port 22 falls into the garbage box 40 through the opening 42, and is temporarily stored by the garbage box 40.”)
a cover plate, (51, fig 3)
wherein an end of the cover plate is connected to a rotating shaft and is configured to be flipped around the rotating shaft, ( “the driving motor drives the transmission rod 52 to rotate around the output end of the driving motor, so as to drive the sealing cover 51 to rotate around the output shaft, so that the sealing cover 51 is switched between the covering position and the opening position”)
a drive member mounted in the receiving region, wherein the drive member is connected to the rotating shaft; (“Specifically, the sealing assembly 50 comprises a driving motor (not shown) and a sealing cover 51 driven by the driving motor. The sealing cover 51 has a closed position (shown in FIG. 2) of the closed opening 42 and an open position (as shown in FIG. 3) for opening the opening 42, and the driving motor drives the sealing cover 51 to move between the covered position and the open position.”)
and a control unit electrically connected to the drive member, wherein the control unit is configured to drive the drive member to cause the rotating shaft to rotate. (“the driving motor is electrically connected with the controller, the controller controls the operation thereof. in the screening excrement or excrement screening process (excrement is not discharged), the controller controls the driving motor to rotate to the first direction, driving the sealing cover 51 to move to the open position; when the excrement screening program is finished, the controller controls the driving motor to rotate to the second direction, driving the sealing cover 51 moves to the covering position. the whole process, only the excrement falling time sealing cover 51 is in the open position, which can reduce the risk of discharging peculiar smell of excrement.”)
Qian doesn’t disclose:
the cover plate is configured to cover on the receiving body and is connected to the receiving body, and a sealed chamber is enclosed by the cover plate and the receiving body; a drive member mounted in the receiving region, wherein the drive member is connected to the rotating shaft; wherein a sealant is disposed at a bottom of the cover plate, and the sealant abuts against an edge of the receiving opening; wherein the cover plate protrudes downward to form a protrusion portion, the protrusion portion is inserted into the receiving opening, and a side wall of the protrusion portion is adhered with a sealant, so that a gap between the cover plate and the receiving opening is filled.
CN disclose:
A receiving body (1, fig 1)
wherein a receiving opening is formed on an upper side of the receiving body,(21+11, fig 1)
and the receiving opening is configured to allow excrement in the toilet to pass therethrough; (Fig 3)
a cover plate, (4, fig 1)
wherein an end of the cover plate is connected to a rotating shaft and is configured to be flipped around the rotating shaft, ( “the sealing door 4 is fixedly connected to the output end of the driving mechanism 3, the output end of the rotating shaft is horizontally arranged, the output end of the rotation or movement drives the sealing door 4 synchronous movement to open or seal the second opening 21.”)
the cover plate is configured to cover on the receiving body and is connected to the receiving body, (see fig 1-3, 4 covers 1)
and a sealed chamber is enclosed by the cover plate and the receiving body; (see interior of 1 sealed by 4 and body 1)
a drive member mounted in the receiving region, wherein the drive member is connected to the rotating shaft; (3, figs 1-3, “ the driving mechanism 3 is preferably a micro motor.” and “ a driving mechanism 3 of the output end of the rotating shaft is fixed in the groove 22, the rotating end of the sealing door 4 is flush with the second opening 21, the rotating sealing effect is good”)
wherein a sealant is disposed at a bottom of the cover plate (2), and the sealant abuts against an edge of the receiving opening (Fig 2-3, Ref 4 “the sealing door 4 towards one side of the second opening 21 is provided with a convex part 41, the circumferential direction of the convex part 41 is provided with a sealing ring, the sealing ring can be clamped between the convex part 41 and the second opening 21. it can be understood that the outer diameter of the convex part 41 is equal to the diameter of the second opening 21, the convex part 41 protrudes on the surface of the sealing door 4, with opening and closing guide effect, at the same time, the convex part 41 is made of elastic material, it can have the sealing effect, further, the convex part 41 of the circumferential direction is provided with a sealing ring, further has the function of sealing, and can make the sealing ring generate negative pressure in the process of sealing to connect the sealing door 4 and the second opening 21.”)
wherein the cover plate protrudes downward to form a protrusion portion, (“the sealing door 4 towards one side of the second opening 21 is provided with a convex part 41,”)
the protrusion portion is inserted into the receiving opening, (41 is received in 21, fig 1-3)
and a side wall of the protrusion portion is adhered with the sealant, (“the circumferential direction of the convex part 41 is provided with a sealing ring, the sealing ring can be clamped between the convex part 41 and the second opening 21… the convex part 41 of the circumferential direction is provided with a sealing ring, further has the function of sealing, and can make the sealing ring generate negative pressure in the process of sealing to connect the sealing door 4 and the second opening 21.”)
so that a gap between the cover plate and the receiving opening is filled. (“the convex part 41 of the circumferential direction is provided with a sealing ring, further has the function of sealing, and can make the sealing ring generate negative pressure in the process of sealing to connect the sealing door 4 and the second opening 21.” Thereby disclosing that the gap formed between cover plate 4 and receiving opening 21 is filled with the cover plate 5 comprising the sealing ring)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the receiving body of Qian such that it comprises a receiving body with the features as taught CN by to provide for proper sealing of the pet excrement collecting box, thereby improving the human pet living environment (CN).
Regarding claim 2:
Qian as modified discloses claim 1 and CN further discloses:
wherein the drive member comprises a mounting bracket (5, Fig 2)
and a motor fixed on the mounting bracket, (3, fig 2, “the driving mechanism 3 is preferably a micro motor.”)
and an output shaft of the motor is connected to the rotating shaft (Figs 1-3, intrinsic features of output shaft 3,“in order to better realize the sealing door 4 of the rotating sealing, upper cover 2 corresponding to the output end of the driving mechanism 3 of the rotating shaft part is provided with a groove 22, a driving mechanism 3 of the output end of the rotating shaft is fixed in the groove 22, the rotating end of the sealing door 4 is flush with the second opening 21, the rotating sealing effect is good.”)
Qian as modified doesn’t disclose:
A mounting bracket connected to an inner wall of the toilet (However, CN does disclose screw holes in upper surface of 5, fig 1 that can receive screws to mount the bracket to an inner wall of the toilet and Qian further discloses the use of screws to detachably mount the bracket 5, plate cover 4, and driving mechanism 3 together)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the mounting bracket of Qian as modified such that it was detachably attached to an inner wall of the toilet of Qian to provide for a low cost and low dismounting difficulty connection (CN).
Regarding claim 3:
Qian as modified discloses claim 2 and CN doesn’t disclose:
wherein the mounting bracket is fixed on the inner wall of the toilet through a screw. (However, CN does disclose screw holes in upper surface of 5, fig 1 that can receive screws to mount the bracket to an inner wall of the toilet and Qian further discloses the use of screws to detachably mount the bracket 5, plate cover 4, and driving mechanism 3 together)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the mounting bracket of Qian as modified such that it was detachably attached to an inner wall of the toilet of Qian to provide for a low cost and low dismounting difficulty connection (CN).
Regarding claim 5:
Qian as modified discloses claim 1 and CN further discloses:
wherein a closed detection magnet is disposed at an end of an upper side of the cover plate far away from the rotating shaft, (6, Fig 2, see 6 far away from shaft proximate to 3, “As shown in FIG. 2, the magnet 6 is set on the outer side of the sealing door 4, the magnet 6 is provided with two, the first magnet 6 is set on the sealing door 4 close to one end of the rotating shaft, the second magnet 6 is set on the sealing door 4 far away from the bracket 5 or one end of the rotating shaft. Hall switch is set on the bracket 5, through the Hall switch (also called Hall sensor) and two magnets 6, it can judge the rotating position of the sealing door 4, so as to realize accurate opening and closing, especially ensure the sealing effect.”)
a detection element is disposed in the receiving region, the detection element is configured to detect a position of the closed detection magnet, (5, Fig 2, “As shown in FIG. 2, the magnet 6 is set on the outer side of the sealing door 4, the magnet 6 is provided with two, the first magnet 6 is set on the sealing door 4 close to one end of the rotating shaft, the second magnet 6 is set on the sealing door 4 far away from the bracket 5 or one end of the rotating shaft. Hall switch is set on the bracket 5, through the Hall switch (also called Hall sensor) and two magnets 6, it can judge the rotating position of the sealing door 4, so as to realize accurate opening and closing, especially ensure the sealing effect”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the pet toilet of Qian as modified such that comprises a detection magnets and detection element as taught by CN to realize accurate opening and closing, especially ensure the sealing effect (CN).
CN doesn’t disclose but Qian discloses:
and the detection element is electrically connected to the control unit. (“the automatic cat toilet further comprises a controller communicating with the excrement height detection sensor”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the detection element of Qian as modified such that it is electrically connected to the control unit as taught by CN to allow for automatic control of the detection element by a controller without the need for human intervention.
Regarding claim 6:
Qian as modified discloses claim 5 and CN further discloses:
wherein an open detection magnet is disposed at an end of an upper side of the cover plate adjacent to the rotating shaft, (6, fig 2, see 6 proximate to 3)
and the detection element is configured to detect a position of the open detection magnet. (“As shown in FIG. 2, the magnet 6 is set on the outer side of the sealing door 4, the magnet 6 is provided with two, the first magnet 6 is set on the sealing door 4 close to one end of the rotating shaft, the second magnet 6 is set on the sealing door 4 far away from the bracket 5 or one end of the rotating shaft. Hall switch is set on the bracket 5, through the Hall switch (also called Hall sensor) and two magnets 6, it can judge the rotating position of the sealing door 4, so as to realize accurate opening and closing, especially ensure the sealing effect.”)
Regarding claim 7:
Qian as modified discloses claim 1 and CN further discloses:
wherein a grip is formed on a side wall of the receiving body. (see outer protrusion of left sidewall of body 1 that forms a u-shape)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the receiving body of Qian as modified such that it comprises a grip as taught by CN to allow a user to grip the body better.
Regarding claim 8:
Qian as modified discloses claim 1 and CN further discloses:
wherein the receiving body is covered with an upper connection plate, (2, Fig 1)
the upper connection plate is detachably connected to the receiving body, (see fig 2, how the upper connection plate 2 is detachable from the receiving body 1)
and the upper connection plate is formed with the receiving opening. (see fig 1 how the upper connection plate 2 is formed with the receiving opening 21)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the receiving body of Qian as modified such that it comprises an upper connection plate as taught CN by to provide for proper sealing of the pet excrement collecting box, thereby improving the human pet living environment (QN).
Regarding claim 9:
Qian as modified discloses claim 8 and CN further discloses:
wherein first engagement portions are formed on two sides of the upper connection plate, (23, fig 1-3)
second engagement portions are formed on two side walls of the receiving body, (12, fig 2)
and each of the first engagement portions is buckled on a lower edge of a respective one of the second engagement portions. (see fig 3, “As shown in FIG. 2, two sides of the upper cover 2 opposite position respectively provided with an elastic baffle 23, two elastic baffle 23 opposite to the inner side is provided with a hook, the two sides of the box body 1 is provided with a slot 12, when the upper cover 2 and the first opening 11 on the box body 1, the hook can be matched with the slot 12 to realize locking and fixing.”)
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the receiving body of Qian as modified such that it comprises an first and second engagement portions as taught CN by to allow the portions to be selectively detached to allow for easier cleaning of the body (QN).
Response to Arguments
Applicant's arguments filed 07/15/2026 have been fully considered but they are not persuasive.
In regards to Applicant’s arguments that Qian does not disclose: “wherein a sealant is disposed at a bottom of the cover plate, and the sealant abuts against an edge of the receiving opening; wherein the cover plate protrudes downward to form a protrusion portion, the protrusion portion is inserted into the receiving opening, and a side wall of the protrusion portion is adhered with the sealant, so that a gap between the cover plate and the receiving opening is filled.” (see pg 5-7)
Applicant’s arguments have been fully considered and are persuasive. Qian does not disclose a sealant as claimed and thus the rejection of claim 1 under 35 USC 102 in view of Qian has been withdrawn.
In regards to Applicant’s arguments that Qian as modified does not disclose: “wherein a sealant is disposed at a bottom of the cover plate, and the sealant abuts against an edge of the receiving opening; wherein the cover plate protrudes downward to form a protrusion portion, the protrusion portion is inserted into the receiving opening, and a side wall of the protrusion portion is adhered with the sealant, so that a gap between the cover plate and the receiving opening is filled.” (see pg 7-9)
Applicant’s arguments have been fully considered and are not found persuasive. Applicant first argues that the sealing structure of Petkit (herein CN) is a single radial seal while applicant’s amended claim 1 discloses a seal structure with two distinct sealing surfaces. Applicant’s arguments are not found persuasive because CN discloses a protrusion portion (41) which is inserted into the receiving opening (21) and a sidewall of the protrusion portion comprising a sealant (“the sealing ring can be clamped between the convex part 41 and the second opening 21… the convex part 41 of the circumferential direction is provided with a sealing ring, further has the function of sealing, and can make the sealing ring generate negative pressure in the process of sealing to connect the sealing door 4 and the second opening 21) such that a gap between the cover plate and receiving opening is filled (“the convex part 41 of the circumferential direction is provided with a sealing ring, further has the function of sealing, and can make the sealing ring generate negative pressure in the process of sealing to connect the sealing door 4 and the second opening 21.”). Thereby disclosing that the gap formed between cover plate 4 and receiving opening 21 is filled with the cover plate 5 comprising the sealing ring as claimed. The claims only require a single sealant at a bottom of the cover plate on a sidewall thereof that abuts against an edge of the receiving opening.
Applicant further argues that Qian and CN address fundamentally different technical problems. However, this is not found persuasive because they are both addressing pet excrement collection. Applicant also argues that modifying Qian as disclosed by CN would completely reconstruct Qian’s design and thereby goes beyond what would be an obvious modification. This is also not found persuasive. Qian discloses a receiving body and an arrangement involving a cover plate that allows excrement to pass from the toilet through the opening to the inner chamber of the body. Modifying it to comprise the features as disclosed by CN would not render it inoperable or completely reconstruct it in a way that is not obvious since it is only replacing the existing system of Qian for proper sealing of the pet excrement collecting box, thereby improving the human pet living environment.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHADA M ALGHAILANI whose telephone number is (571)272-8058. The examiner can normally be reached M-F (7:30am - 3:30pm EST).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Peter Poon can be reached at 571-272-6891. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHADA MOHAMED ALGHAILANI/
Examiner
Art Unit 3643
/PETER M POON/Supervisory Patent Examiner, Art Unit 3643
