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
Claims 38, 55 are objected to because of the following informalities:
Claim 38, line 9: “first face” needs an article such as “a”.
Claim 55: the term “range finder” is misspelled.
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.
Claim(s) 52 is/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 52 recites the limitation "axisymmetrical body" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim 56 recites the limitation "sensor arrangement" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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) 38, 45-47 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman (US Pub. 2014/0033987 A1) in view of Chen (US Pub. 2002/0118999 A1).
Regarding claim 38, Hoffman discloses a furniture connector (Abstract, lines 1-3: “A modular play structure for animals has base and platform pieces with connector mechanisms, such countersunk bores, spaced apart by a standard distance”) comprising:
first and second articles having at least one terminal portion with at least one first terminal face each (Fig. 2, upper column 10a, lower column 10b each have a face at their extents);
an intermediate member defined by contralaterally arranged first and second engaging faces (Fig. 2, spacer piece 40);
said intermediate member having a first through bore getting through said first and second engaging faces (Fig. 2, bore 46);
a dowel insertable into said blind bores of said first and second articles and said first through bore (Fig. 2, protrusion 23a).
However, Hoffman fails to disclose as taught by Chen, similarly drawn to a means for connecting two elongate members, said terminal face has a blind bore thereon (Fig. 4, internally threaded holes 42 on either pipe 40);
wherein said terminal face of terminal first article is engageable to a first face of said intermediate member and second engaging face of said intermediate member is engageable to said terminal face of said second article by means of a plug-socket connectors such that said blind bores of said first and second articles and said first through bore of said intermediate member are coaxially arranged and configured for receiving said dowel in a releasable manner (Fig. 4, internally threaded holes 42 on either pipe 40 each receive a dowel comprising bar 10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman to include the specific connection means of Chen as the freely removable dowel allows for improved modularity over the fixed dowel of Hoffman.
Regarding claim 45, Hoffman in view of Chen discloses the claimed invention in addition to as taught by Chen, wherein said dowel is threadly insertable into said blind bores of said first and second articles and said first through bore (Abstract, lines 1-5: “A means for linearly connecting two non-circular pipes mainly includes a bar, upper and lower pads put around the bar, and a collar. The bar has two externally threaded ends adapted to screw into internally threaded holes preformed in the non-circular pipes”).
Regarding claim 46, Hoffman in view of Chen discloses the claimed invention in addition to as taught by Chen, wherein at least one of said plug-socket connectors is threaded (Abstract, lines 1-5: “A means for linearly connecting two non-circular pipes mainly includes a bar, upper and lower pads put around the bar, and a collar. The bar has two externally threaded ends adapted to screw into internally threaded holes preformed in the non-circular pipes”).
Regarding claim 47, Hoffman in view of Chen discloses the claimed invention in addition to as taught by Chen, wherein at least one of first and second articles has a second terminal face placeable on or securable to a surface of interest, said surface of interest is selected from the group consisting of a floor, a wall, a ceiling and any combination (Fig. 5, a plurality of columns 10 are combined and placed on a surface such as a floor).
Regarding claim 50, Hoffman discloses a kit for assembling a piece of furniture or at least a part thereof; said kit comprising:
a plurality of furniture connectors (Abstract, lines 1-3: “A modular play structure for animals has base and platform pieces with connector mechanisms, such countersunk bores, spaced apart by a standard distance”) assemblable into vertically mountable furniture assembly units (See Fig. 5);
each furniture connector of said assembly unit further comprising:
i. first and second articles having at least one terminal face each (Fig. 2, upper column 10a, lower column 10b each have a face at their extents);
ii. an intermediate member defined by contralaterally arranged first and second engaging faces (Fig. 2, spacer piece 40); said intermediate member having a first through bore getting through said first and second engaging faces (Fig. 2, bore 46);
iii. a dowel insertable into said blind bores of said first and second articles and said first through bores (Fig. 2, protrusion 23a);
at least one linking member configured for interconnecting said vertically mountable assembly units (Fig. 1, fasteners 28).
However, Hoffman fails to disclose as taught by Chen, similarly drawn to a means for connecting two elongate members, said terminal portion has a blind bore thereon (Fig. 4, internally threaded holes 42 on either pipe 40);
said terminal face of terminal first article is engageable to first face of said intermediate member and second engaging face of said intermediate member is engageable to said terminal face of said second article by means of a plug-socket connectors such that said blind bores of said first and second articles and said first through bore of said intermediate member are coaxially arranged and configured for receiving said dowel in a releasable manner (Fig. 4, internally threaded holes 42 on either pipe 40 each receive a dowel comprising bar 10).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman to include the specific connection means of Chen as the freely removable dowel allows for improved modularity over the fixed dowel of Hoffman.
Regarding claim 52, Hoffman in view of Chen discloses the claimed invention in addition to as taught by Chen, wherein a side surface of said axisymmetrical body is coiled with a rope (Pg. 4, [0037], lines 1-4: “Turning to FIGS. 8-10, the exterior surface 22 of a column 10 can be of differing construction, such that some have a surface of exposed plastic, others have a surface of sisal rope or other covering suitable for cat scratching”), said dowel is threadly insertable into said blind bores of said first and second articles and said first through bores, at least one of said plug-socket connectors is threaded (Abstract, lines 1-5: “A means for linearly connecting two non-circular pipes mainly includes a bar, upper and lower pads put around the bar, and a collar. The bar has two externally threaded ends adapted to screw into internally threaded holes preformed in the non-circular pipes”), at least one of first and second articles has a second terminal face disposable on a surface of interest, said linking member has a supporting surface configured for accommodating a companion animal, human or objects, at least one end of said vertically mountable columns is provided with a receptacle configured for accommodating said companion animal, human or objects, and any combination thereof (Fig. 5, platform 60);
said surface of interest is selected from the group consisting of a floor, a wall, a ceiling and any combination (The device rests on a floor surface);
and said receptacle is selected from the group consisting of a canopy, a cradle, a cabin, a basket and any combination thereof (Fig. 5, platform 60 has sidewalls and is substantially “cradle-like”).
Claim(s) 39, 42, 51 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman (US Pub. 2014/0033987 A1) in view of Chen (US Pub. 2002/0118999 A1), and further in view of Hazan (US Pat. 5,536,097).
Regarding claim 39, Hoffman in view of Chen discloses the claimed invention except for as taught by Hazan, similarly drawn to a modular system comprising a plurality of pipes, wherein at least one of said first and second articles has a second through bore transversely oriented to said blind bore; said dowel has a third through bore at at least one terminal of said dowel cooperatively disposed such that, when said dowel is inserted into said blind bore of at least one of said first and second articles, said second and third through bore are arranged coaxially and a stud releasably securable therewithin is insertable (Fig. 12, set screw 64 is received by both metal tube 10 as well as a bore through bolt 44).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman in view of Chen to contain the second and third through bores to better fix the system in place.
Furthermore, Hoffman in view of Chen also fails to disclose an axisymmetrical body, or any combination thereof, said axisymmetrical body has a middle portion and terminal portions adjacent thereto; said axisymmetrical body gradually grows in diameter thereof from said middle portion to said terminal portions. It would have been an obvious matter of design choice to make central portion of each article taper inwards for aesthetic purposes. 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.
Regarding claim 42, Hoffman in view of Chen and Hazan discloses the claimed invention in addition to as taught by Hoffman, wherein a side surface of said axisymmetrical body is coiled with a rope in a self-compressed manner (Pg. 4, [0037], lines 1-4: “Turning to FIGS. 8-10, the exterior surface 22 of a column 10 can be of differing construction, such that some have a surface of exposed plastic, others have a surface of sisal rope or other covering suitable for cat scratching”).
Regarding claim 51, Hoffman in view of Chen discloses the claimed invention except for as taught by Hazan, similarly drawn to a modular system comprising a plurality of pipes, wherein at least one of said first and second articles has a second through bore transversely oriented to said blind bore, at least one of said plug-socket connectors comprises a pair of surfaces facing each other; at least one of said surfaces has at least one pin projecting therefrom and releasably insertable into at least one hole on a facing surface, or any combination thereof; said dowel has a third through bore at at least one terminal of said dowel cooperatively disposed such that, when said dowel is inserted into said blind bore of at least one of said first and second articles, said second and third through bore are arranged coaxially and a stud releasably securable therewithin is insertable (Fig. 12, set screw 64 is received by both metal tube 10 as well as a bore through bolt 44).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman in view of Chen to contain the second and third through bores to better fix the system in place.
Furthermore, Hoffman in view of Chen also fails to disclose an axisymmetrical body; said axisymmetrical body has a middle portion and terminal portions adjacent thereto; said axisymmetrical body gradually grows in diameter thereof from said middle portion to said terminal portion. It would have been an obvious matter of design choice to make central portion of each article taper inwards for aesthetic purposes. 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.
Claim(s) 41 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman (US Pub. 2014/0033987 A1) in view of Chen (US Pub. 2002/0118999 A1), and further in view of Aurich (US Pat. 5,957,614).
Regarding claim 41, Hoffman in view of Chen discloses the claimed invention except for as taught by Aurich, similarly drawn to a connecting system, wherein at least one of said plug-socket connectors comprises a pair of surfaces facing each other; at least one of said surfaces has at least one pin projecting therefrom and releasably insertable into at least one hole on a facing surface (Fig. 1, dowel 12).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the the furniture connector of Hoffman in view of Chen to include the pins of Aurich to allow for attachment of lateral elements.
Claim(s) 48-49, 55-56 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman (US Pub. 2014/0033987 A1) in view of Chen (US Pub. 2002/0118999 A1), and further in view of Brackett (US Pub. 2021/0282368 A1).
Regarding claim 48, Hoffman in view of Chen discloses the claimed invention except for as taught by Brackett, similarly drawn to an animal scratching post, a computer-implemented device for monitoring behavior of at least one habitant; said device comprising: a sensor arrangement further comprising a sensor selected from the group consisting of a touch pad, a microphone, a camera, a motion sensor, a temperature sensor, an oxygen sensor, a heart-beat rate sensor, a laser range finder, a CO2 sensor, an RFID antenna, a scale, a gyroscopic sensor, a pressure sensor, an illuminance sensor, or any combination thereof; a processor; at least one user unit further comprising a user interface; a memory unit storing instructions to said processor to perform: i. sensing data relating to behavior of at least one habitant; ii. accumulating said data within said memory unit; iii. recognizing a typical behavior pattern of said at least habitant; iv. correlating currently sensed data with said typical behavior pattern; v. sending a report relating to abnormal behavior of said habitant to said at least one user device; performing said instructions of recognizing a typical behavior pattern of said habitant and correlating currently sensed data with said typical behavior pattern comprises applying a convolutional neural network algorithm to said accumulated data (Pg. 1, [0018]: “In one embodiment, the control module can include, but is not limited to, a processor, random-access memory, storage, and at least one input for the sensor. In some embodiments, the control module may be programmable to allow a user to determine how often a treat is dispensed or to change parameters. In another embodiment, the control module can be a printed circuit board operatively connected to a food dispensing device and an activation module. The activation module can be configured to determine when an animal interfaces (e.g., scratches) a scratch pad of the animal scratching post”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman in view of Chen to include the computer-implemented device of Brackett to allow for automated dispensing of food when the user is not present.
Regarding claim 49, Hoffman in view of Chen discloses the claimed invention except for as taught by Brackett, wherein said wherein said sensor arrangement, processor, at least one user unit and memory unit are interconnected with each other by means of a communication protocol selected from the group consisting of: a wire connection, BlueTooth, Wi-Fi, broad band internet and any combination thereof (Pg. 3, [0041]: “The term “signal,” as used in this specification and the appended claims, refers to a signal that has one or more of its characteristics set or changed in such a manner as to encode information in the signal. It is to be appreciated that wireless means of sending signals can be implemented including, but not limited to, Bluetooth, Wi-Fi, acoustic, RF, infrared and other wireless means”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman in view of Chen to include the communication protocol of Brackett to allow for wireless monitoring.
Regarding claim 55, Hoffman in view of Chen discloses the claimed invention except for as taught by Brackett, similarly drawn to an animal scratching post, a computer-implemented device for monitoring behavior of at least one habitant; said device comprising: a. a sensor arrangement further comprising a sensor selected from the group consisting of a touch pad, a microphone, a camera, a motion sensor, a temperature sensor, an oxygen sensor, a heart-beat rate sensor, a laser range finder, a CO2 sensor, an RFID antenna, a scale, a gyroscopic sensor, a pressure sensor, an illuminance sensor, or any combination thereof; b. a processor; c. at least one user unit further comprising a user interface; d. a memory unit storing instructions to said processor to perform: i. sensing data relating to behavior of at least one habitant; ii. accumulating said data within said memory unit; iii. recognizing a typical behavior pattern of said at least habitant; iv. correlating currently sensed data with said typical behavior pattern; v. sending a report relating to abnormal behavior of said habitant to said at least one user device; performing said instructions of recognizing a typical behavior pattern of said habitant and correlating currently sensed data with said typical behavior pattern comprises applying a convolutional neural network algorithm to said accumulated data (Pg. 1, [0018]: “In one embodiment, the control module can include, but is not limited to, a processor, random-access memory, storage, and at least one input for the sensor. In some embodiments, the control module may be programmable to allow a user to determine how often a treat is dispensed or to change parameters. In another embodiment, the control module can be a printed circuit board operatively connected to a food dispensing device and an activation module. The activation module can be configured to determine when an animal interfaces (e.g., scratches) a scratch pad of the animal scratching post”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman in view of Chen to include the computer-implemented device of Brackett to allow for automated dispensing of food when the user is not present.
Regarding claim 56, Hoffman in view of Chen discloses the claimed invention except for as taught by Brackett, wherein said sensor arrangement, processor, at least one user unit and memory unit are interconnected with each other by means of a communication protocol selected from the group consisting of: a wire connection, BlueTooth, Wi-Fi, broad band internet and any combination thereof (Pg. 3, [0041]: “The term “signal,” as used in this specification and the appended claims, refers to a signal that has one or more of its characteristics set or changed in such a manner as to encode information in the signal. It is to be appreciated that wireless means of sending signals can be implemented including, but not limited to, Bluetooth, Wi-Fi, acoustic, RF, infrared and other wireless means”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman in view of Chen to include the communication protocol of Brackett to allow for wireless monitoring.
Claim(s) 53 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman (US Pub. 2014/0033987 A1) in view of Chen (US Pub. 2002/0118999 A1), and further in view of Volin (US Pub. 2017/0135312 A1).
Regarding claim 53, Hoffman in view of Chen discloses the claimed invention except for as taught by Volin, similarly drawn to an exercise pet tree, an animating element selected from the group consisting of a flexible linking element interconnecting at least two of said furniture assembly units, a running wheel, a suspended object, an observation wheel, a teeter-totter, a loop wire suspended on a pulley and provided with a plurality of entertaining elements distributed along said loop wire, ladder and any combination (Pg. 20, “[0960] (Referring to FIGS. 22, 23A, 23B, 24A, 24B, 24C, 25A, 25B, and 25C) [0961] 1) Rotating at least one of at least one shape-shifting rotatable straight branch 126, [0962] in the directions of double-headed arrow 148, [0963] to ship the shape of the unique shape-shifting self-draining water-repelling hygienic indoor-outdoor slanting pet tree system to an different shape; and [0964] 2) Rotating at least one of at least one shape-shifting rotatable curved branch 127, [0965] to ship the shape of the unique shape-shifting self-draining water-repelling hygienic indoor-outdoor slanting pet tree system to an different shape”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman in view of Chen to include the flexible linking element of Volin to allow for improved stimulation to the animal.
Claim(s) 54 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hoffman (US Pub. 2014/0033987 A1) in view of Chen (US Pub. 2002/0118999 A1), and further in view of Goldman (US Pub. 2019/0230896 A1).
Regarding claim 54, Hoffman in view of Chen discloses the claimed invention except for as taught by Goldman, similarly drawn to an article of pet furniture, a base box accommodating a litter tray (Pg. 2, [0018] “Pillar beams and platforms may include an outer layer for use by a pet. For example, an outer layer of a pillar beam may include a textile material, such as cloth, fabric, rope, yarn, or tweed. An outer layer of a platform may include a soft carpet material, velvet, or even a litter box for use by a pet”).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify the furniture connector of Hoffman in view of Chen to include the litter box of Goldman for improved hygiene of the surrounding area.
Allowable Subject Matter
Claim(s) 40, 43-44 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HENRY HOOPER MUDD whose telephone number is (571)272-5941. The examiner can normally be reached Monday-Friday 8am-5pm.
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/HENRY HOOPER MUDD/Examiner, Art Unit 3642
/JOSHUA J MICHENER/Supervisory Patent Examiner, Art Unit 3642
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