DETAILED ACTION
This communication is a final rejection on the merits.
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 Amendment
The amendment filed on 11/05/2025 has been entered. Claims 1-2, 4, and 7-8 have been amended, Claim 3 has been canceled, and Claims 5-6 remain as previously presented. Applicant’s amendments to the Drawings, Specification, and Claims have overcome each and every objection set forth in the Non-Final Rejection mailed 07/22/2025.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 08/31/2023. It is noted, however, that applicant has not filed a certified copy of the CN 202322357001.9 application as required by 37 CFR 1.55.
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 1-2 and 4-8 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.
Regarding Claim 1, Claim 1 is indefinite because the limitations in Lines 12-17 are unclear in light of the Specification and the Drawings. Lines 12-17 of the claim recite two limitations: “protruding fins” and “triangular plastic sheets”. However, ¶7 of the Specification indicates that the protruding fins are triangular plastic sheet. For the purposes of examination, the limitation in Lines 14-15 of the claim will be interpreted as reading: “wherein each of the protruding fins is a triangular plastic sheet and the triangular plastic sheets are provided on both sides of an inner surface of the waste compartment lid”.
Regarding Claim 4, Claim 4 is indefinite because Claim 4 depends on a canceled claim 3 (See Line 1 of Claim 4). For the purposes of examination, Claim 4 will be interpreted as being dependent upon Claim 1.
Regarding Claim 7, Claim 7 recites the limitation “the waste collection compartment” in Line 5 of the claim. There is insufficient antecedent basis for this limitation in the claim.
In addition, the term “naturally fitted” in Line 14 of Claim 7 is a relative term which renders the claim indefinite. The term “naturally fitted” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claims 2, 5-6, and 8 are rejected as being dependent upon a rejected claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-2, 4, and 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (US 12356953 B2) in view of Leroy et al. (US 20240357991 A1) and Pan et al. (US 20230363348 A1).
Regarding Claim 1, Jiang teaches a waste collection compartment (4) comprising:
A waste compartment body (shown in Fig. 2; Waste collection compartment 4 comprises a body.);
The waste compartment body is a cavity having a hollow inside (See Fig. 2 and Column 7 Lines 25-30; The waste compartment body of compartment 4 comprises a cavity having a hollow inside capable of receiving a garbage bag.);
A waste entrance is provided in the waste compartment body (See Figs. 2-3 and 9; The waste compartment body of compartment 4 includes a waste entrance defined by ring 1402.),
Wherein the waste compartment body has a rounded rectangular shape (shown in Fig. 2; The body of compartment 4 has a rounded rectangular shape.), and is covered with a waste compartment door (1401);
Protruding fins are provided on left and right sides of the waste compartment door (See Figs. 3 and 9; Second ring body 1402 is provided with two protruding fins that are provided on the left and right sides of the waste compartment door 1401.);
A ring (15) is sleeved on outer edges of the two fins (See Figs. 4 and 9 as well as Column 7 Lines 50-60; Ring 15 is sleeved on the outer edge of the second ring body 1402 to connect protrusions 1504 with grooves 1403. Therefore, ring 15 is sleeved on the outer edges of the two fins of the second ring body 1402.); and
Wherein each of the protruding fins is a rectangular sheet (See Fig. 9; Second ring body 1402 is provided with two protruding fins wherein the protruding fins are rectangular sheets.); and
Wherein the rectangular sheets are pressed against the ring when a waste compartment lid is closed (See Figs. 1-4 and 9; The rectangular sheets would be pressed against the ring 15 when a waste compartment lid 1401 is closed.).
The system of Jiang teaches the claimed invention except for the fact that the ring is a magnetic attraction ring. It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to substitute the ring of the system of Jiang with a magnetic attraction ring to reduce friction, wear, and maintenance requirements, 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).
However, the system of Jiang fails to explicitly state that the waste collection compartment comprises a waste compartment lid, wherein the waste compartment lid is an arc-shaped lid plate and is movably connected to the waste compartment body, and wherein the rectangular sheets are provided on both sides of an inner surface of the waste compartment lid.
Leroy teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a litter box for pets.), the system of Leroy teaches a waste collection compartment (2b; Fig. 1 shows that half-cylinder 2b forms a compartment capable of collecting waste, which is covered by lid 4.) comprises a waste compartment lid (4), wherein the waste compartment lid (4) is an arc-shaped lid plate and is movably connected to the waste compartment body (Fig. 1 shows that lid 4 is an arc-shaped lip plate that is movably connected [via hinges 20a] to the body of compartment 2b.), and wherein the rectangular sheets (24) are provided on both sides of an inner surface of the waste compartment lid (See Fig. 5; Rectangular sheets 24 are provided on both sides of an inner surface of the waste compartment lid 4.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jiang to have a waste compartment lid, wherein the waste compartment lid is an arc-shaped lid plate and is movably connected to the waste compartment body, and wherein the rectangular sheets are provided on both sides of an inner surface of the waste compartment lid as taught by Leroy with reasonable expectation of success to provide a hermetic closing to protect against external, environmental factors (Leroy, ¶40).
The system of Jiang as modified by Leroy fails to explicitly state that one end of the waste compartment door is fixed to one end of the waste entrance, the other end of the waste compartment door is fitted with the other end of the waste entrance due to gravity; and that the sheets are pressed into both sides of the waste compartment body.
Pan teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to an automatic cat excrement removing device.), the system of Pan teaches a waste collection compartment (13; shown in Figs. 7-22), wherein one end of the waste compartment door is fixed to one end of the waste entrance, the other end of the waste compartment door is fitted with the other end of the waste entrance due to the gravity (stated in ¶66 and shown in Figs. 15-16 and 21-22; Waste compartment door 1332 is fixed to one end of the waste entrance 131 and the other end is fitted to the other end of the waste entrance 131 due to gravity.); and wherein sheets are pressed into both sides of a waste compartment body (See Figs. 8 and 21-22; Waste compartment door 1332 comprises triangular sheets that are pressed into both sides of a waste compartment body 11.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jiang as modified by Leroy to have one end of the waste compartment door be fixed to one end of the waste entrance, the other end of the waste compartment door is fitted with the other end of the waste entrance due to the gravity; and to have the sheets be pressed into both sides of the waste compartment body as taught by Pan with reasonable expectation of success to provide a low-cost method to selectively open and close the waste compartment door (Pan, ¶67).
The system of Jiang as modified by Leroy and Pan teaches the claimed invention except for the fact that the sheets are triangular plastic sheets. It would have been obvious to one of ordinary skill in the art before the claimed invention was effectively filed to make the sheets of the system of Jiang as modified by Leroy and Pan triangular to provide a more stable shape and plastic to make the sheets cost-effective since a change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results, In re Dailey et al., 149 USPQ 47, and it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obviousness. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
Regarding Claim 2, the system of Jiang as modified by Leroy and Pan, as shown above, teaches the limitations of Claim 1.
Jiang further teaches that each of the fins have a protruding middle and concave ends (See Fig. 9; Second ring body 1402 is provided with two protruding fins wherein the protruding fins are rectangular sheets with a protruding top portion and two concave corner ends.), and that a bottom edge of each of the fins coincides with an edge contour line of the waste compartment door (See Figs. 3 and 9; Second ring body 1402 is provided with two protruding fins that are provided on the left and right sides of the waste compartment door 1401. Therefore, the bottom edge of the fins would coincide with an edge contour line of the door 1401.).
Regarding Claim 4, the system of Jiang as modified by Leroy and Pan, as shown above, teaches the limitations of Claim 1.
The system of Jiang as modified by Leroy and Pan further teaches (references to Leroy) that a plurality of protrusions (27) are provided on the inner surface of the waste compartment lid (shown in Fig. 5; Protrusions 27 are provided on the inner surface of the waste compartment lid 4.); and the plurality of protrusions (27) are pressed against the magnetic attraction ring when the waste compartment lid is closed (Figs. 1 and 5 as well as ¶40 of Leroy show that when lid 4 is closed, the protrusions 27 are pressed against the outer edge of the waste entrance. Therefore, in the combination of Jiang as modified by Leroy and Pan, the protrusions 27 would be pressed against the outer edge of the waste entrance of Jiang. Because the modified magnetic ring 15 is located on the outer edge of the waste entrance defined by ring 1402 [See Fig. 4], the protrusions 27 would be pressed against the modified magnetic ring 15 when the lid is closed.).
Regarding Claim 6, the system of Jiang as modified by Leroy and Pan, as shown above, teaches the limitations of Claim 1.
The system of Jiang as modified by Leroy and Pan teaches the invention except for the fact that a thickness of the waste compartment door is 5 mm to 6 mm. It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have the thickness of the waste compartment door of the system of Jiang as modified by Leroy and Pan be 5 mm to 6 mm to provide a door that is easier to manufacture, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding Claim 7, Jiang teaches a cat litter box (shown in Fig. 1) comprising:
A base (1);
A cat compartment (2);
A litter collection space (3);
A waste collection compartment (4) comprising:
A waste compartment body (shown in Fig. 2; Waste collection compartment 4 comprises a body.);
The waste compartment body is a cavity having a hollow inside (See Fig. 2 and Column 7 Lines 25-30; The waste compartment body of compartment 4 comprises a cavity having a hollow inside capable of receiving a garbage bag.);
A waste entrance is provided in the waste compartment body (See Figs. 2-3 and 9; The waste compartment body of compartment 4 includes a waste entrance defined by ring 1402.),
Wherein the waste compartment body has a rounded rectangular shape (shown in Fig. 2; The body of compartment 4 has a rounded rectangular shape.), and is covered with a waste compartment door (1401);
Protruding fins are provided on left and right sides of the waste compartment door (See Figs. 3 and 9; Second ring body 1402 is provided with two protruding fins that are provided on the left and right sides of the waste compartment door 1401.); and
A ring (15) is sleeved on outer edges of the two fins (See Figs. 4 and 9 as well as Column 7 Lines 50-60; Ring 15 is sleeved on the outer edge of the second ring body 1402 to connect protrusions 1504 with grooves 1403. Therefore, ring 15 is sleeved on the outer edges of the two fins of the second ring body 1402.); and
Wherein the waste collection compartment is located obliquely above the cat compartment (See Fig. 2; The waste collection compartment 4 is located obliquely/slantwise above the cat compartment 2.).
The system of Jiang teaches the claimed invention except for the fact that the ring is a magnetic attraction ring. It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to substitute the ring of the system of Jiang with a magnetic attraction ring to reduce friction, wear, and maintenance requirements, 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).
However, the system of Jiang fails to explicitly state that the waste collection compartment comprises a waste compartment lid, wherein the waste compartment lid is an arc-shaped lid plate and is movably connected to the waste compartment body.
Leroy teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to a litter box for pets.), the system of Leroy teaches a waste collection compartment (2b; Fig. 1 shows that half-cylinder 2b forms a compartment capable of collecting waste, which is covered by lid 4.) comprises a waste compartment lid (4), wherein the waste compartment lid (4) is an arc-shaped lid plate and is movably connected to the waste compartment body (Fig. 1 shows that lid 4 is an arc-shaped lip plate that is movably connected [via hinges 20a] to the body of compartment 2b.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jiang to have a waste compartment lid, wherein the waste compartment lid is an arc-shaped lid plate and is movably connected to the waste compartment body as taught by Leroy with reasonable expectation of success to provide a hermetic closing to protect against external, environmental factors (Leroy, ¶40).
The system of Jiang as modified by Leroy fails to explicitly state that one end of the waste compartment door is fixed to one end of the waste entrance, the other end of the waste compartment door is naturally fitted with the other end of the waste entrance due to the gravity.
Pan teaches in the same field of endeavor as applicant’s invention (Abstract states that the invention is drawn to an automatic cat excrement removing device.), the system of Pan teaches a waste collection compartment (13; shown in Figs. 7-22), wherein one end of the waste compartment door is fixed to one end of the waste entrance, the other end of the waste compartment door is naturally fitted with the other end of the waste entrance due to the gravity (stated in ¶66 and shown in Figs. 15-16 and 21-22; Waste compartment door 1332 is fixed to one end of the waste entrance 131 and the other end is naturally fitted to the other end of the waste entrance 131 due to gravity.). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jiang as modified by Leroy to have one end of the waste compartment door be fixed to one end of the waste entrance, the other end of the waste compartment door is naturally fitted with the other end of the waste entrance due to the gravity as taught by Pan with reasonable expectation of success to provide a low-cost method to selectively open and close the waste compartment door (Pan, ¶67).
Regarding Claim 8, the system of Jiang as modified by Leroy and Pan, as shown above, teaches the limitations of Claim 7.
The system of Jiang as modified by Leroy and Pan fails to explicitly state that the cat compartment and the litter collection space are partitioned by a waste filter.
Pan further teaches that a cat compartment (11) and the litter collection space (12) are partitioned by a waste filter (121). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jiang as modified by Leroy and Pan to have the cat compartment and the litter collection space be partitioned by a waste filter as taught by Pan with reasonable expectation of success to provide a simple and compact structure and allowed for easier cleaning of the litter box (Pan, ¶9).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Jiang et al. (US 12356953 B2) as modified by Leroy et al. (US 20240357991 A1) and Pan et al. (US 20230363348 A1) as applied to claim 1 above, and further in view of Kim (KR 20150007470 A).
Regarding Claim 5, the system of Jiang as modified by Leroy and Pan, as shown above, teaches the limitations of Claim 1.
The system of Jiang as modified by Leroy and Pan teaches the claimed invention except for the fact that the magnetic attraction ring is made of an Acrylonitrile Butadiene Styrene plastic material. It would have been obvious to one having ordinary skill in the art before the claimed invention was effectively filed to have the magnetic attraction ring of the system of Jiang as modified by Leroy and Pan be made of an Acrylonitrile Butadiene Styrene plastic material to provide a durable and low-cost material, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obviousness. In re Leshin, 125 USPQ 416. See also Ballas Liquidating Co. v. Allied industries of Kansas, Inc. (DC Kans) 205 USPQ 331.
The system of Jiang as modified by Leroy and Pan fails to explicitly state that the magnetic attraction ring includes a magnet inside the magnetic attraction ring.
Kim teaches a magnetic ring (1) that includes a magnet (2) inside the magnetic ring (Shown in Fig. 1). Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Jiang as modified by Leroy and Pan to have the magnetic attraction ring include a magnet inside the magnetic attraction ring as taught by Kim with reasonable expectation of success to make the magnetic ring easier to manufacture (Kim, Pg. 1).
Response to Arguments
Applicant's arguments filed 11/02/2025 have been fully considered but they are not persuasive.
Regarding Claim 1, on Pgs. 12-13, Applicant argues the following: “Claim 1 is an independent claim from which claims 2-4 and 6 depend. By this response, independent claim 1 has been amended to recite, "wherein triangular plastic sheets are provided on both sides of an inner surface of the waste compartment lid; and the triangular sheets are of pressed into both sides of the waste compartment body and against the magnetic attraction ring when the waste compartment lid is closed." In Jiang, protruding fins may be taught. However, Jiang does not teach triangular sheets that are pressed into both sides of the waste compartment body. Leroy attempts to remedy this deficiency by teaching rectangular walls that may resemble triangular sheets. However, Leroy does not teach that the rectangular walls are pressed into both sides of the waste compartment body. Please see Fig. 1 and Fig. 5 of Leroy. Neither Fig. 1 nor Fig. 5 of Leroy depict that the rectangular walls 24 are to be pressed into both sides of the waste compartment body. Further, Leroy does not depict a waste compartment body with protruding fins provided on left and right sides of the waste compartment door. Rather, Leroy merely teaches that the rectangular walls close into the aperture as a whole. Specifically, the rectangular wall extends the whole length of the device. Here in Applicant's application, the triangular sheets are pressed into both sides of the waste compartment body specifically.”
Examiner respectfully disagrees.
Examiner notes that one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Here, as shown in the rejection of Claim 1 above, Jiang teaches sheets that are pressed against the ring when a waste compartment lid is closed (See Figs. 1-4 and 9; The rectangular sheets would be pressed against the ring 15 when a waste compartment lid 1401 is closed.), Leroy teaches that sheets (24) are provided on both sides of an inner surface of the waste compartment lid (See Fig. 5; Rectangular sheets 24 are provided on both sides of an inner surface of the waste compartment lid 4.), and Pan teaches that sheets are pressed into both sides of a waste compartment body (See Figs. 8 and 21-22; Waste compartment door 1332 comprises triangular sheets that are pressed into both sides of a waste compartment body 11.).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/A.A.A./ Examiner, Art Unit 3643
/DAVID J PARSLEY/ Primary Examiner, Art Unit 3643