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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202311390103.9, filed on 10/25/2023.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 01/10/2025 and 09/18/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Cook et al. (US 8161908 B2), hereinafter Cook.
Regarding claim 1, Cook discloses an animal excrement screener, comprising:
a box body (litter box 200; Fig. 16);
a driving mechanism disposed on the box body (drive assembly 218; Fig. 19);
a flip cover rotatably disposed at an end of the box body and configured to separate the box body into a squatting region and excrement collecting region (system lid 204; Figs. 22A-C, 27A-D);
a rotating member rotatably disposed on the box body and configured to abut against a side edge of a flip cover of the two flip covers (lift arm 220; Figs. 22A-C); and
a screening mechanism, wherein the screening mechanism is slidably disposed on the box body (rake assembly 222; Fig. 20), the driving mechanism is drivingly connected to the screening mechanism (Fig. 20), and the driving mechanism is configured to drive the screening mechanism to move and abut against the rotating member to enable the rotating member to open the flip cover and push excrement in the squatting region into the excrement collecting regions (Col. 18, lines 4-14, “As the drive motor 252 [FIG. 19] is energized, the rotation of the drive motor 252 causes rotation of worm 256 and the worm gear 258, which, in turn, drives one lead screw 246 and the pulley 258. The pulley 258 drives the pulley 260 by way of the belt 262. Rotation of the pulleys 258, 260 causes rotation of the other lead screw 246. As the lead screws 246 rotate in a forward direction, the drive nut 263 and the nut follower 264 advance towards the waste end 232 during a forward stroke. As the lead screws 246 rotate in a reverse direction, the drive nut 262 and nut follower 263 travel in reverse in a return stroke back to a home position;” Figs. 27A-D).
Cook, however, fails to specifically disclose two flip covers rotatably disposed at two ends of the box body respectively and configured to separate the box body into a squatting region and excrement collecting regions.
It would have been obvious to one having ordinary skill in the art before the earliest effective filing date of the invention to modify the device of Cook to include two flip covers rotatably disposed at two ends of the box body respectively and configured to separate the box body into a squatting region and excrement collecting regions, in order to ensure that there are collection areas on both sides of the litter box, which would improve waste disposal and overall operation of the device. Additionally, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 2, Cook discloses the device of claim 1.
Cook discloses wherein the screening mechanism comprises a filter screen (rake assembly 222; Fig. 19) and a sliding member (nut follower 264; Fig. 21), wherein the sliding member is connected to the filter screen and slidably disposed on the box body (Fig. 19), the filter screen is located within the box body (Fig. 19), the driving mechanism is drivingly connected to the sliding member and configured to drive the sliding member to move to enable the sliding member to abut against the rotating member and open the flip cover, and the filter screen is configured to screen excrement in the squatting region and push screened excrement into the excrement collecting regions (Col. 18, lines 4-14; Figs. 27A-D).
Regarding claim 3, Cook discloses the device of claim 2.
Cook discloses wherein the filter screen comprises a screening portion (rake assembly 222; Fig. 19), a sliding portion (wire frame 286; Fig. 19), and a rotating portion (vertical legs 288 and 290; Fig. 19), wherein two ends of the sliding portion are connected to the rotating portion and the screening portion respectively (Fig. 19), the screening portion is located within the box body and configured to screen excrement, the sliding portion is slidably disposed on a sidewall of the box body, and the rotating portion is rotatably connected to the sliding member and configured to drive the screening portion to swing in a moving direction (Figs. 19, 27A-D).
Regarding claim 4, Cook discloses the device of claim 3.
Cook discloses wherein an inner sidewall of the box body is convexly provided with a step surface (Figs. 16 and 20 show inner sidewall of litter tray 206 is convexly provided with a step), and two ends of the screening portion contact the step surface and are configured to slide relative to the step surface (Fig. 17D).
Regarding claim 5, Cook discloses the device of claim 3.
Cook discloses wherein the screening portion is inclined relative to a vertical direction and comprises a first end and a second end, wherein the first end is higher than the second end; and in a moving direction of the screening portion, a distance from the second end to the flip cover is less than a distance from the first end to the flip cover, the second end is configured to be in contact with the flip cover to open the flip cover, and the second end is configured to be separate from the flip cover to close the flip cover (Figs. 19, 27A-D).
Regarding claim 6, Cook discloses the device of claim 2.
Cook discloses wherein the rotating member comprises a contact portion (lift arm; Figs. 22A-C), a connection portion (inwardly projecting pin 272; Figs. 22A-C), and a flip portion (cam surface 274; Figs. 22A-C); the box body is provided with a waist-shaped hole, the connection portion rotatably passes through the waist-shaped hole, two ends of the connection portion are connected to the contact portion and the flip portion respectively, and the contact portion is configured to abut against the sliding member to enable the flip portion to open the flip cover (Figs. 19, 22A-C).
Regarding claim 7, Cook discloses the device of claim 2.
Cook discloses wherein a rotating member is provided and located at an end of the box body, and the sliding member is configured to slide between the two ends (Figs. 19, 27A-D).
Cook, however, fails to specifically disclose wherein two rotating members are provided and located at the two ends of the box body respectively, and the sliding member is configured to slide between the two rotating members.
It would have been obvious to one having ordinary skill in the art before the earliest effective filing date of the invention to modify the device of Cook such that two rotating members are provided and located at the two ends of the box body respectively, and the sliding member is configured to slide between the two rotating members, in order to ensure that there are collection areas on both sides of the litter box, which would improve waste disposal and overall operation of the device. Additionally, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Regarding claim 8, Cook discloses the device of claim 2.
Cook discloses wherein the driving mechanism comprises a motor (drive motor 252; Fig. 19) and a screw rod (lead screws 246; Fig. 19), wherein the motor is installed on the box body (Fig. 19), an output end of the motor is connected to the screw rod, the sliding member is provided with a threaded hole, and the screw rod rotatably passes through the threaded hole (Figs. 19-21).
Regarding claim 9, Cook discloses the device of claim 1.
Cook discloses wherein two driving mechanisms are provided and disposed at the two ends of the box body respectively (Fig. 19 shows drive assembly 218 has driving mechanism on both ends of litter box 200, located on side rails 238 and 240).
Regarding claim 10, Cook discloses the device of claim 9.
Cook discloses further comprising a transmission belt connected to the two driving mechanisms in a transmission manner (belt 262; Fig. 19; Col. 18, lines 4-14).
Conclusion
The prior art made of record and not relied upon is considered pertinent to Applicant's disclosure.
Waters, US 5477812 A, discusses an automated self-cleaning litter box for cats.
Atcravi, US 6202595 B1, discusses an animal waste disposal system.
Tsengas et al., US 8109237 B1, discusses a device for actuating an automated litterbox.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SPENCER THOMAS CALLAWAY whose telephone number is (571)272-3512. The examiner can normally be reached 9am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, Applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joshua Huson can be reached on 571-270-5301. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.T.C./Examiner, Art Unit 3642
/JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642