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 .
Election/Restrictions
Newly submitted claim 21 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: claims 1, 2, and 3-20 are directed to a species having two pad bodies, wherein the two pad bodies are folded with a folding of the container body, as shown in Figs. 14-16 and 18B, while claim 21 is directed to species having one pad body, wherein the pad body is moved together with the container body when the container body is folded, as shown in Figs. 17-18A. The species are independent or distinct because they contain different structural elements and require separate features from each other. In addition, these species are not obvious variants of each other based on the current record.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 21 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Response to Amendment
In the amendment dated June 7, 2026, claims 1, 2, 4-6, 8-12, 14, 16, 17, and 20 were amended, claims 3 was cancelled, and new claim 21 was presented. Claims 1, 2, and 4-21 are pending, with claim 21 withdrawn.
The amendments to the claims overcome the claim objections and rejections under 35 U.S.C. 112(b).
The amendments to the claims overcome the prior art rejections.
The double patenting rejections are maintained.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 2, 4-6, 8-10, 12, and 13 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 7, and 9 of U.S. Patent No. 12,268,312 (“the ‘312 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘312 patent “anticipate” the claims of the present application. The presently pending claims and the claims of the ‘312 patent are below.
Present Claims
Claims of the ‘312 Patent
Claim 1: A foldable container for pet bathing, comprising:
a foldable supporting frame;
a container body arranged on said foldable supporting frame, wherein said container body is waterproof and comprises a surrounding wall, and a bottom wall connected to said surrounding wall, wherein said bottom wall has a drain port for draining the water in the container body; and
two pad bodies disposed in said bottom wall of said container body, wherein said bottom wall of said container body comprises at least two wall layers, wherein said two pad bodies are received and hidden within said at least two wall layers of said bottom wall, so as to retain said two pad bodies at a bottom of said container body, wherein said container body is folded up with a folding of said foldable supporting frame and unfolded with an unfolding of said foldable supporting frame, wherein said two pad bodies are folded with a folding of said container body.
Claim 1: col. 23, l. 31;
col. 23, l. 32;
col. 23, ll. 34-42;
col. 23, ll. 43-60; col. 24, ll. 1-10
Claim 2: The foldable container, as recited in claim 1, wherein said two pad bodies are folded and overlapped with each other with the folding of said container body.
Claim 1: col. 24, ll. 1-10
Claim 4: The foldable container, as recited in claim 1, wherein at least one of said two wall layers is connected to said surrounding wall.
Claim 1: col. 23, ll. 43-51
Claim 5: The foldable container, as recited in claim 1, wherein two of said receiving pockets are individually formed between said two wall layers to receive said two pad bodies respectively.
Claim 9: col. 24, ll. 53-59
Claim 6: The foldable container, as recited in claim 4, wherein two receiving pockets are individually formed between said two wall layers to receive said pad bodies respectively.
Claim 9: col. 24, ll. 53-59
Claim 8: The foldable container, as recited in claim 1, further comprising a flexible connecting element connected between said two pad bodies, wherein said flexible connecting element is received between said two wall layers of said bottom wall.
Claim 7: col. 24, ll. 45-49
Claim 9: The foldable container, as recited in claim 1, wherein each of said two pad bodies comprise a material selected from the group consisting of wood, metal, metal alloy, plastic, latex mattress, cotton mattress, sponge cushion mattress, and air cushion mattress.
Claim 2: col. 24, ll. 11-14
or
Claim 3: col. 24, ll. 15-18
Claim 10: The foldable container, as recited in claim 4, wherein each of said two pad bodies comprise a material selected from the group consisting of wood, metal, metal alloy, plastic, latex mattress, cotton mattress, sponge cushion mattress, and air cushion mattress.
Claim 2: col. 24, ll. 11-14
or
Claim 3: col. 24, ll. 15-18
Claim 12: The foldable container, as recited in claim 1, wherein said container body is made of a material selected from the group consisting of Polyethylene, Polyvinyl Chloride, Polypropylene and Thermoplastic Urethane.
Claim 1: col. 23, ll. 34-38
Claim 13: The foldable container, as recited in claim 6, wherein said container body is made of a material selected from the group consisting of Polyethylene, Polyvinyl Chloride, Polypropylene and Thermoplastic Urethane.
Claim 1: col. 23, ll. 34-38
It is apparent that the claims are not patentably distinct from claims 1-3, 7, and 9 of the ‘312 patent.
Claims 1, 2, 4-6, 8, and 12-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 7, and 8 of U.S. Patent No. 12,178,333 (“the ‘333 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘333 patent “anticipate” the claims of the present application. The presently pending claims and the claims of the ‘333 patent are below.
Present Claims
Claims of the ‘333 Patent
Claim 1: A foldable container for pet bathing, comprising:
a foldable supporting frame;
a container body arranged on said foldable supporting frame, wherein said container body is waterproof and comprises a surrounding wall, and a bottom wall connected to said surrounding wall, wherein said bottom wall has a drain port for draining the water in the container body; and
two pad bodies disposed in said bottom wall of said container body, wherein said bottom wall of said container body comprises at least two wall layers, wherein said two pad bodies are received and hidden within said at least two wall layers of said bottom wall, so as to retain said two pad bodies at a bottom of said container body, wherein said container body is folded up with a folding of said foldable supporting frame and unfolded with an unfolding of said foldable supporting frame, wherein said two pad bodies are folded with a folding of said container body.
Claim 1: col. 23, l. 40;
col. 23, l. 41;
col. 23, ll. 42-59;
col. 23, ll. 60-64; col. 24, ll. 1-15
Claim 2: The foldable container, as recited in claim 1, wherein said two pad bodies are folded and overlapped with each other with the folding of said container body.
Claim 1: col. 24, ll. 7-11
Claim 4: The foldable container, as recited in claim 1, wherein at least one of said two wall layers is connected to said surrounding wall.
Claim 1: col. 23, ll. 45-49
Claim 5: The foldable container, as recited in claim 1, wherein two receiving pockets are individually formed between said two wall layers to receive said two pad bodies respectively.
Claim 8: col. 24, ll. 57-62
Claim 6: The foldable container, as recited in claim 4, wherein two receiving pockets are individually formed between said two wall layers to receive said pad bodies respectively.
Claim 8: col. 24, ll. 57-62
Claim 8: The foldable container, as recited in claim 1, further comprising a flexible connecting element connected between said two pad bodies, wherein said flexible connecting element is received between said two wall layers of said bottom wall.
Claim 7: col. 24, ll. 52-56
Claim 12: The foldable container, as recited in claim 1, wherein said container body is made of a material selected from the group consisting of Polyethylene, Polyvinyl Chloride, Polypropylene and Thermoplastic Urethane.
Claim 1: col. 23, ll. 51-54
Claim 13: The foldable container, as recited in claim 6, wherein said container body is made of a material selected from the group consisting of Polyethylene, Polyvinyl Chloride, Polypropylene and Thermoplastic Urethane.
Claim 1: col. 23, ll. 51-54
Claim 14: The foldable container, as recited in claim 1, wherein a handle is connected to a middle area of said bottom wall of said container body, wherein said handle is configured for driving the folding of said foldable supporting frame and said container body by a pulling operation.
Claim 1: col. 23, ll. 49-50; col. 24, ll. 7-14
Claim 15: The foldable container, as recited in claim 6, wherein a handle is connected to a middle area of said bottom wall of said container body, wherein said handle is configured for driving the folding of said foldable supporting frame and said container body by a pulling operation.
Claim 1: col. 23, ll. 49-50; col. 24, ll. 7-14
Claim 16: The foldable container, as recited in claim 14, wherein said drain port is provided adjacent to said handle at the middle area of said bottom wall for draining the water in said container body, wherein said two pad bodies are spaced apart from each other, said handle and said drain port are positioned between said two pad bodies.
Claim 1: col. 23, ll. 54-64
Claim 17: The foldable container, as recited in claim 15, wherein said drain port is provided adjacent to said handle at the middle area of said bottom wall for draining the water in said container body, wherein said two pad bodies are spaced apart from each other, said handle and said drain port are positioned between said two pad bodies.
Claim 1: col. 23, ll. 54-64
Claim 18: The foldable container, as recited in claim 16, wherein said foldable container further comprises a drain pipe connected to said drain port for allowing the water to flow out said container body, wherein said drain pipe is positioned between said two pad bodies when said two pad bodies are folded and overlapped with each other with the folding of said container body.
Claim 1: col. 23, ll. 57-64
Claim 19: The foldable container, as recited in claim 17, wherein said foldable container further comprises a drain pipe connected to said drain port for allowing the water to flow out said container body, wherein said drain pipe is positioned between said two pad bodies when said two pad bodies are folded and overlapped with each other with the folding of said container body.
Claim 1: col. 23, ll. 57-64
Claim 20: The foldable container, as recited in claim 14, wherein said foldable supporting frame comprises two top supporting arms, wherein said surrounding wall comprises an edge which is a top edge mounted to said two top supporting arms, wherein when said handle is pulled, said bottom wall of said container body is pulled upwardly by said handle and causes said two top supporting arms and said two pad bodies to pivotally move downward, so as to fold up both of said container body, said two pad bodies and said foldable supporting frame.
Claim 1: col. 24, ll. 7-15;
Claim 4: col. 24, ll. 31-41
It is apparent that the claims are not patentably distinct from claims 1, 4, 7, and 8 of the ‘333 patent.
Claims 1, 2, 4-10, 12, and 14 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-8 of U.S. Patent No. 12,616,316 (“the ‘316 patent”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘316 patent “anticipate” claims 1, 2, 4-10, 12, and 14 of the present application. The presently pending claims and claims of the ‘316 patent are below.
Present Claims
Claims of the ‘316 Patent
Claim 1: A foldable container for pet bathing, comprising:
a foldable supporting frame;
a container body arranged on said foldable supporting frame, wherein said container body is waterproof and comprises a surrounding wall, and a bottom wall connected to said surrounding wall, wherein said bottom wall has a drain port for draining the water in the container body; and
two pad bodies disposed in said bottom wall of said container body, wherein said bottom wall of said container body comprises at least two wall layers, wherein said two pad bodies are received and hidden within said at least two wall layers of said bottom wall, so as to retain said two pad bodies at a bottom of said container body, wherein said container body is folded up with a folding of said foldable supporting frame and unfolded with an unfolding of said foldable supporting frame, wherein said two pad bodies are folded with a folding of said container body.
Claim 1: col. 23, l. 50;
col. 23, l. 51;
col. 23, ll. 52-57;
col. 23, ll. 58-60; col. 24, ll. 1-12
Claim 2: The foldable container, as recited in claim 1, wherein said two pad bodies are folded with the folding of said container body.
Claim 1: col. 24, ll. 11-12
Claim 4: The foldable container, as recited in claim 1, wherein at least one of said two wall layers is connected to said surrounding wall.
Claim 1: col. 24, ll. 1-6; and
Claim 2: col. 24, ll. 13-15
Claim 5: The foldable container, as recited in claim 1, wherein two of said receiving pockets are individually formed between said two wall layers to receive said two pad bodies respectively.
Claim 3: col. 24, ll. 17-20
Claim 6: The foldable container, as recited in claim 4, wherein two receiving pockets are individually formed between said two wall layers to receive said pad bodies respectively.
Claim 3: col. 24, ll. 17-20
Claim 7: The foldable container, as recited in claim 5, wherein said bottom wall serves as a flexible connecting element connected between said two pad bodies to retain said pad bodies at a bottom of said container body.
Claim 4: col. 24, ll. 20-24
Claim 8: The foldable container, as recited in claim 1, further comprising a flexible connecting element connected between said two pad bodies, wherein said flexible connecting element is received between said two wall layers of said bottom wall.
Claim 5: col. 24, ll. 25-30
Claim 9: The foldable container, as recited in claim 1, wherein each of said two pad bodies comprise a material selected from the group consisting of wood, metal, metal alloy, plastic, latex mattress, cotton mattress, sponge cushion mattress, and air cushion mattress.
Claim 6: col. 24, ll. 30-35
Claim 10: The foldable container, as recited in claim 4, wherein each of said two pad bodies comprise a material selected from the group consisting of wood, metal, metal alloy, plastic, latex mattress, cotton mattress, sponge cushion mattress, and air cushion mattress.
Claim 6: col. 24, ll. 30-35
Claim 12: The foldable container, as recited in claim 1, wherein said container body is made of a material selected from the group consisting of Polyethylene, Polyvinyl Chloride, Polypropylene and Thermoplastic Urethane.
Claim 7: col. 24, ll. 35-39
Claim 14: The foldable container, as recited in claim 1, wherein a handle is connected to a middle area of said bottom wall of said container body, wherein said handle is configured for driving the folding of said foldable supporting frame and said container body by a pulling operation.
Claim 8: col. 24, ll. 40-44
It is apparent that the claims are not patentably distinct from claims 1-8 of the ‘316 patent.
Allowable Subject Matter
Claim 11 is 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.
Claims 1, 2, and 3-20 would be allowable if the double patenting rejections are overcome.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claim 1, the closest art of record, WO2019233431 to Mu and Furesh NPL, do not expressly disclose the bottom wall of the container body comprises at least two wall layers such that the two pad bodies are received and hidden within the at least two wall layers so as to retain said pad bodies at a bottom of said container body, and the two pad bodies are folded with a folding of the container body as claimed.
Zhu and Zhong each disclose a container body with two pad bodies disposed between two layers. However, the bottom wall is not formed from the two wall layers such that the two pad bodies are retained at a bottom of the container body and the pad bodies are folded with a folding of the container body as claimed.
It would not have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Mu, Furesh NPL, Zhu, and/or Zhong to have the claimed arrangement without hindsight.
The products referenced in the responses to the Rule 105 Requirements in parent application 17/747,857 that were publicly available February 28, 2020 and April 13, 2021 do not invoke the on-sale bar of 35 U.S.C. 102(a)(1) based on Applicant’s statement that these products do not practice the claimed invention (April 25, 2024 Remarks at pp. 4-5 in parent application 17/747,857), which has a priority date of May 18, 2022.
Claims 2 and 4-20 would be allowable based on their dependence from claim 1.
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 LAURA E. PARKER whose telephone number is (571)272-6014. The examiner can normally be reached Monday-Friday 8:00 am - 4:30 pm EST.
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/LAURA E. PARKER/Primary Examiner, Art Unit 3733
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