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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 7/27/26 has been entered.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-13, 16, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Park (KR 101720203) in view of Calimano et al. (CA 2845463) and Maguire (US 2010/0050951)
Regarding Claim 1, Park discloses a pet training floor pad (Figure 5b) comprising: a central region (area under kit 40; Figure 5b and 7); a perimeter region which surrounds the central region and forms a periphery of the pet training floor pad (outer edge of water proof pad 31 and body 10; Figure 7);
an absorbent material (absorbent pad 32);
a plurality of sloping channels which slope downward from the perimeter region to the central region (water proof channels and edges 31; Figures 5b and 7) when the pet training pad is disposed on a planar support surface (the pet training pad as a whole including impermeable layer 10 has the sloping channels when placed on a planar support surface; Figures 5b and 5c);
wherein the pet training floor pad has a bottom layer (body 10; Figure 2b); and
wherein the bottom layer is planar when the pet training floor pad is disposed on the planar support surface (Figures 5b and 5c, when body 10 is placed on a planar support surface).
Park fails to disclose wherein the central region has a greater weight of the absorbent material per unit area than the perimeter region; and wherein the impermeable bottom layer is impermeable to waste fluid of a pet.
However, Calimano teaches an absorbent pad wherein the central region (main region 11 with absorbent layer 17) has a greater weight of the absorbent material per unit area than the perimeter region (edge region 14; Figure 7 shows the edge region does not contain the absorbent material).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the absorbent region of Park, to have a greater weight of absorbent material as taught by Calimano, with reasonable expectation of success, in order to help ensure the liquid is distributed to and absorbed in the center of the pad to help prevent leaking outside of the potty.
Additionally, Maguire teaches a similar sloped pet potty, wherein the impermeable bottom layer (base 12) is impermeable to waste fluid of a pet (“Preferably the base is made from a plastic material and is an integral unit.” Paragraph [0017]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom layer of Park, to be impermeable as taught by Maguire, with reasonable expectation of success, in order to help ensure the excrement does not leak outside of the pet potty.
Regarding Claim 2, Park as modified teaches the pet pad of claim 1. Park further discloses the pet floor training pad, further comprising a peripheral edge (outer edge of 31); and wherein the plurality of sloping channels which slope downward from the perimeter region to the central region slope downward from the peripheral edge to the central region (water proof channels and edges 31; Figures 5b and 7)
Regarding Claim 3, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, wherein the plurality of sloping channels which slope downward from the perimeter region to the central region extend through the central region (Figure 5b).
Regarding Claim 4, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, further comprising a central point within the central region (center of pad in Figure 5b); and wherein the plurality of sloping channels which slope downward from the perimeter region to the central region slope downward to the central point (Figure 5b).
Regarding Claim 5, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, wherein the plurality of sloping channels which slope downward from the perimeter region to the central region converge towards the central region (Figure 5b).
Regarding Claim 6, Park as modified teaches the pet pad of claim 5. Park further discloses the pet training floor pad, wherein the plurality of sloping channels which slope downward from the perimeter region to the central region and converge towards the central region converge in the perimeter region (Figure 5b).
Regarding Claim 7, Park as modified teaches the pet pad of claim 5. Park further discloses the pet training floor pad of claim 5, wherein the plurality of sloping channels which slope downward from the perimeter region to the central region and converge towards the central region converge in the central region (Figure 5b).
Regarding Claim 8, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad of claim 1, further comprising a central point within the central region (center of pad in Figure 5b); wherein the plurality of sloping channels which slope downward from the perimeter region to the central region slope downward to the central point (Figure 5b); and wherein the plurality of sloping channels which slope downward from the perimeter region to the central region converge to the central point (Figure 5b).
Regarding Claim 9, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad of claim 1, further comprising a top surface (top of pad 30); and wherein the plurality of sloping channels which slope downward from the perimeter region to the central region are formed in the top surface (Figure 5b).
Regarding Claim 10, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad of claim 1, further comprising a central point within the central region (center of pad in Figure 5b); and wherein the plurality of sloping channels which slope downward from the perimeter region to the central region slope downward continuously from the peripheral edge to the central point (Figure 5b).
Regarding Claim 11, Park as modified teaches the pet pad of claim 1.
Park fails to explicitly disclose the pet training pad, wherein the plurality of sloping channels which slope downward from the perimeter region to the central region slope down at an angle in a range of 5° to 40°.
However, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sloping channels of Park, to slope down at an angle of 5-40 degrees, with reasonable expectation of success, in order to help ensure proper direction of liquid to absorbent areas, 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 12, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, wherein the pet training pad has a top surface area (top of pad 30).
Park fails to disclose wherein the central region defines up to 40.0 % of the top surface area of the pet training pad.
However, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the central region of Park, to be up to 40% of the top surface area of the pad, with reasonable expectation of success, in order to allow for a greater area for the urine to collect in, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980).
Regarding Claim 13, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, wherein the pet training floor pad has a top surface area (top of pad 30).
Park fails to disclose wherein the central region defines 10.0 % to 40.0% of the top surface area of the pet training floor pad.
However, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the central region of Park, to be 10-40% of the top surface area of the pad, with reasonable expectation of success, in order to allow for a greater area for the urine to collect in, 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 18, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, wherein the perimeter region surrounds the central region completely as to form a continuous loop around the central region (outer ring 31; Figure 5b).
Regarding Claim 19, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, wherein the pet training pad has a peripheral edge which surrounds the perimeter region completely (outside edge of outer ring 31; Figure 5b).
Regarding Claim 20, Park discloses a method of using a pet training floor pad, comprising: obtaining the pet training floor pad (Figure 5b), the pet training floor pad comprising:
a central region (area under kit 40; Figure 5b and 7);
a perimeter region which surrounds the central region and forms a periphery of the pet training floor pad (outer edge of water proof pad 31 and body 10; Figure 7);
an absorbent material (absorbent pad 32);
a plurality of sloping channels which slope downward from the perimeter region to the central region (water proof channels and edges 31; Figures 5b and 7) when the pet training pad is disposed on a planar support surface (the pet training pad as a whole including impermeable layer 10 has the sloping channels when placed on a planar support surface; Figures 5b and 5c); and
disposing a fluid on a top surface of the pet training floor pad such that the fluid flows in at least one of the plurality of sloping channels towards the central region (arrow in Figure 5c);
wherein the pet training floor pad has a bottom layer (body 10; Figures 2b and 5b); and
wherein the bottom layer is planar when the pet training floor pad is disposed on the planar support surface (Figures 5b and 5c, when body 10 is placed on a planar support surface).
Park fails to disclose wherein the central region has a greater weight of the absorbent material per unit area than the perimeter region; and wherein the impermeable bottom layer (base 12) is impermeable to waste fluid of a pet and fails to explicitly disclose placing the pet training floor pad on the planar support surface.
Additionally, Calimano teaches an absorbent pad wherein the central region (main region 11 with absorbent layer 17) has a greater weight of the absorbent material per unit area than the perimeter region (edge region 14; Figure 7 shows the edge region does not contain the absorbent material).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the absorbent region of Park, to have a greater weight of absorbent material as taught by Calimano, with reasonable expectation of success, in order to help ensure the liquid is distributed to and absorbed in the center of the pad to help prevent leaking outside of the pad.
Additionally, Maguire teaches a similar sloped pet potty, wherein the impermeable bottom layer (base 12) is impermeable to waste fluid of a pet (“Preferably the base is made from a plastic material and is an integral unit.” Paragraph [0017]), and placing the pet training floor pad on the planar support surface (“The ribs preferably are rectangular in cross section and have a flat top, that either is substantially horizontal when the base is placed on a horizontal surface, FIG. 6, or is sloped with respect to the horizontal FIG. 5.” Paragraph [0020]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the bottom layer of Park, to be impermeable as taught by Maguire, with reasonable expectation of success, in order to help ensure the excrement does not leak outside of the pet potty, and to have placed the pet potty of Park, on a horizontal surface as taught by Maguire, in order to ensure stability of the potty during use by the pet.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Calimano and Maguire as applied to claim 1 above, and further in view of Schulin (US 2018/0077895).
Regarding Claim 14, Park as modified teaches the pet pad of claim 1.
Park fails to explicitly disclose wherein the absorbent material comprises a super absorbent polymer.
However, Schulin discloses a similar pet training floor pad, wherein the absorbent material comprises a super absorbent polymer (“The pad 110 comprises super absorbent polymer (SAP) material suitable to absorb urine.” Paragraph [0025]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the absorbent material of Park, to be a superabsorbent polymer as taught by Schulin, with reasonable expectation of success, in order to increase the volume of liquid being absorbed in order to prevent any leaking outside of the pet pad.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Calimano and Maguire as applied to claim 1 above, and further in view of Kang (KR 2012/0070997)
Regarding Claim 15, Park as modified teaches the pet pad of claim 1.
Park fails to disclose the pet training floor pad, wherein the pet training pad has a concave contour towards the central region.
However, Kang teaches a pet potty, wherein the pet potty has a concave contour towards the central region (concave region 24; Figures 1-2).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sloped surfaces of Park, to have a concave contour as taught by Kang, with reasonable expectation of success, in order to help further prevent the urine from spilling outside of the potty, while also easily directing the urine to the center of the potty.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Calimano and Maguire as applied to claim 1 above, and further in view of Bruun et al. (US 2007/0219523).
Regarding Claim 16, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, further comprising a top surface (top of pad 30); wherein the plurality of sloping channels comprise adjacent channels (water proof channels; Figure 5b and 7).
Park fails to disclose wherein the top surface has a convex contour between the adjacent channels such that a fluid disposed on the convex contour will flow towards at least one of the adjacent channels.
However, Bruun teaches a pet training floor pad, wherein the top surface has a convex contour between the adjacent channels such that a fluid disposed on the convex contour will flow towards at least one of the adjacent channels (channels 7 with concave top surfaces 5; Figures 2 and 3).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the top surface ad channels of Park, to have the convex contour as taught by Bruun, with reasonable expectation of success, in order to further help direct the flow of urine to the absorptive areas of the pad.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Calimano and Maguire as applied to claim 1 above, and further in view of Metzget (US 4627383).
Regarding Claim 17, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, further comprising a bottom layer (body 10; Figures 2b and 5b).
Park fails to disclose the pet training floor pad, wherein the impermeable bottom layer is formed of a polymer film.
However, Metzget teaches a similar pet floor potty, wherein the impermeable bottom layer (bottom of housing 10; Figure 2) is formed of a polymer film (“The housing 10… may be formed of molded plastic material or plastic coated paper” Col. 2 lines 5-7, the plastic coating being a polymer film, the claim language uses “comprising of” and therefore can contain additional parts).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the bottom layer of Park, to with a water impervious polymer film as taught by Metzget, with reasonable expectation of success, in order to help further ensure the excrement does not leak outside of the pet potty and causes unwanted mess.
Claims 21-24 are rejected under 35 U.S.C. 103 as being unpatentable over Park in view of Calimano and Maguire as applied to claims 1-3 above, and further in view of
Regarding Claim 21, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad, wherein the plurality of sloping channels which slope downward from the perimeter region to the central region slope downward from the perimeter region to the central region (center of the pad in Figure 5b).
Park fails to explicitly disclose wherein the slope is caused by a decrease in thickness of the pad.
However, Komatsubara teaches a similar pet absorbent pad (Abstract; Figure 4) wherein the slope is caused by a decrease in thickness of the pad (Figure 4 shows the pad thickness decreasing towards the center).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sloped pet potty of Park, to be sloped due to a decrease in thickness of the pad as taught by Komatsubara, with reasonable expectation of success, in order to help provide additional support to the top of the pad, and increase overall stability of the potty.
Regarding Claim 22, Park as modified teaches the pet pad of claim 2. Park further discloses the pet training floor pad, wherein the plurality of sloping channels which slope downward from the peripheral edge to the central region slope downward from the peripheral edge to the central region (center of the pad in Figure 5b).
Park fails to explicitly disclose wherein the slope is caused by a decrease in thickness of the pad.
However, Komatsubara teaches a similar pet absorbent pad (Abstract; Figure 4) wherein the slope is caused by a decrease in thickness of the pad (Figure 4 shows the pad thickness decreasing towards the center).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sloped pet potty of Park, to be sloped due to a decrease in thickness of the pad as taught by Komatsubara, with reasonable expectation of success, in order to help provide additional support to the top of the pad, and increase overall stability of the potty.
Regarding Claim 23, Park as modified teaches the pet pad of claim 3. Park further discloses the pet training floor pad, wherein the plurality of sloping channels which slope downward through the central region slope downward through the central region (center of the pad in Figure 5b).
Park fails to explicitly disclose wherein the slope is caused by a decrease in thickness of the pad.
However, Komatsubara teaches a similar pet absorbent pad (Abstract; Figure 4) wherein the slope is caused by a decrease in thickness of the pad (Figure 4 shows the pad thickness decreasing towards the center).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sloped pet potty of Park, to be sloped due to a decrease in thickness of the pad as taught by Komatsubara, with reasonable expectation of success, in order to help provide additional support to the top of the pad, and increase overall stability of the potty.
Regarding Claim 24, Park as modified teaches the pet pad of claim 1. Park further discloses the pet training floor pad of claim 1, wherein the plurality of sloping channels which slope downward from the perimeter region to the central point slope downward from the perimeter region to the central point (center of the pad in Figure 5b).
Park fails to explicitly disclose wherein the slope is caused by a decrease in thickness of the pad.
However, Komatsubara teaches a similar pet absorbent pad (Abstract; Figure 4) wherein the slope is caused by a decrease in thickness of the pad (Figure 4 shows the pad thickness decreasing towards the center).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the sloped pet potty of Park, to be sloped due to a decrease in thickness of the pad as taught by Komatsubara, with reasonable expectation of success, in order to help provide additional support to the top of the pad, and increase overall stability of the potty.
Response to Arguments
Applicant's arguments filed 7/27/26 have been fully considered but they are not persuasive.
Applicant argues on pages 8-9 that pad part 30 does not disclose sloping panels. The Office respectfully disagrees. As discussed in the currently presented rejection, as well as previous rejections. The Office is mapping “a pet training floor pad” to both the pad unit (30) and the main body (10) of Park, not just the absorbent material (30). The pad unit (30), while in use with the main body (10), creates sloping channels on the upper portion of the pet training floor pad as a whole. The main body (10) maps to applicant’s bottom layer of the pet training pad. Applicant’s use of the phrase “comprising of” leaves the claim open ended, and therefore the prior art can contain additional elements such as kit (40) of Park.
Applicant’s arguments filed 7/27/26 with respect to claims 17 and 21-24 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Newly added references Metzget (US 4627383) and Komatsubara (US 2019/0223405) in combination with previously used references teach the claims as discussed in the currently presented rejection above.
Conclusion
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/A.K.P./Examiner, Art Unit 3642 /MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
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