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 3, 9-11, and 20 are objected to because of the following informalities:
At claim 3, line 2: “said container body comprise two” should read “said container body comprises two”;
At claim 3, line 2: “sad two pad bodies” should read “said two pad bodies”;
At claim 9, line 1: “ach of said two pad bodies” should read “each of said two pad bodies”;
At claim 10, line 1: “ach of said two pad bodies” should read “each of said two pad bodies”;
At claim 11, line 1: “ach of said two pad bodies” should read “each of said two pad bodies”;
At claim 20, line 4: “said handle and and causes” should read “said handle and causes”;
At claim 20, line 5: “said two pad bodes” should read “said two pad bodies”.
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.
Claims 5-8, 11, 13, 15, 17, 19, and 20 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 5 recites the limitation “two of said receiving pockets” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation will be interpreted as “two receiving pockets.”
Claim 6 recites the limitation “two of said receiving pockets” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation will be interpreted as “two receiving pockets.”
Claim 8 recites the limitation "said receiving pocket" in line 3. There is insufficient antecedent basis for this limitation in the claim. For purposes of examination, this limitation will be interpreted as “a receiving pocket.”
Claim 20 recites “so as to fold up both of said container body, said two pad bodies and said foldable supporting frame” in lines 5-6. It is not clear what two elements are referred to with the term “both,” as more than two elements are recited. For purposes of examination, this limitation will be interpreted as “so as to fold up said container body, said two pad bodies, and said foldable supporting frame.”
Claims 7, 11, 13, 15, 17, and 19 are also rejected as indefinite through their dependence on a rejected parent claim (details above).
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.
Claims 1, 2, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pat. 6,588,033 to Welsh et al. (hereinafter, “Welsh”) in view of U.S. Pat. 4,146,938 to Shakas (hereinafter, “Shakas”).
Regarding claim 1, Welsh discloses a foldable container (Figs. 1-6) for pet bathing (container is capable of being used for pet bathing), comprising: a foldable supporting frame (foldable stand 24, Fig. 1); a container body (basket 22, Fig. 1) arranged on said foldable supporting frame (see Fig. 1), wherein said container body (basket 22) comprises a surrounding wall (side 28, Fig. 1), and a bottom wall (floor 26, Fig. 1) connected to said surrounding wall (see Fig. 1); and two pad bodies (halves 38, 40 of mattress 34, Fig. 3) disposed in said bottom wall of said container body (see Fig. 3).
Welsh does not expressly disclose the container body is waterproof.
Shakas teaches a liquid container for pet bathing (Abstract, Fig. 1) comprising a foldable supporting frame and a container body supported on the foldable supporting frame (Fig. 1). Shakas teaches that the container body is made from a flexible sheet material that is waterproof (see col. 2, ll. 30-38). Shakas teaches that a bottom wall of the container body has a drain port (drain opening 18, Figs. 1, 3) for draining the water in the container body and a drain pipe (tube 19, Figs. 1, 3) connected to the drain port for allowing water to flow out of the container body (col. 2, ll. 35-41). Shakas teaches that the waterproof material permits the container to hold water to allow the container to be used for bathing (col. 2, ll. 10-11; col. 2, ll. 35-38; col. 3, ll. 48-58). Shakas further teaches that having a structure that can double as a baby bassinet and bathtub helps to reduce cost and space (p. 3, ll. 53-66).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the container of Welsh such that the container body is waterproof and includes a drain port and drain pipe as taught by Shakas for the purpose of containing water to use for bathing, as recognized by Shakas (see e.g., col. 2, ll. 35-38).
Regarding claim 2, Welsh further discloses said container body (basket 22) is folded up with a folding of said foldable supporting frame (see Fig. 6) and unfolded with an unfolding of said foldable supporting frame (see Fig. 6), wherein said two pad bodies (halves 38, 40) are folded and overlapped with each other (see Fig. 6) with a folding of said container body (see Figs. 3, 6; col. 3, ll. 4-20).
Regarding claim 8, Welsh further discloses a flexible connecting element (hinge 42, Figs. 3, 7-8) connected between said two pad bodies (halves 38, 40, see Figs. 3, 7-8), wherein said flexible connecting element (hinge 42) is received in said receiving pocket when said pad bodies are received in said receiving pocket (hinge 42 is received in pocket formed by basket 22, see Fig. 3).
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019233431 to Mu (hereinafter, “Mu”) in view of Furesh Elevated Folding Dog Bath Tub NPL (hereinafter, “Furesh NPL”). Note: the claims contain subject matter added via the continuation-in-part parent 17/747,857 having a priority date of May 18, 2022. The Furesh NPL was on sale at least as early as March 16, 2020, as evidenced by “Furesh Launches One-of-a-Kind, Foldable Dog Bathtub” NPL, attached.
Regarding claim 1, Mu discloses a foldable container for pet bathing (Fig. 1; para. [0001] of attached translation), comprising: a foldable supporting frame (frame 10, Fig. 1); a container body (container body 30, Fig. 1) arranged on said foldable supporting frame (see Fig. 1), wherein said container body (container body 30) comprises a surrounding wall (surrounding wall 31, Fig. 1), and a bottom wall (bottom portion 32, Fig. 1) connected to said surrounding wall (see Fig. 1); and two pad bodies (portions 50A of mattress 50, Fig. 11, see para. [0092]) disposed in said bottom wall (bottom portion 32) of said container body (container body 30).
Mu does not expressly disclose said container body is waterproof.
Furesh NPL teaches a similar foldable container for pet bathing having a foldable supporting frame and a container body (p. 1). Furesh NPL teaches that the container body is made of polyvinyl chloride, which is a heavy duty material (p. 1). Polyvinyl chloride is a waterproof material (see Applicant’s specification at para. [0104]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the foldable container of Mu to make the container body of polyvinyl chloride for the purpose of providing a heavy duty material, as recognized by Furesh NPL (p. 1), and because the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Regarding claim 2, Mu further discloses said container body (container body 30) is folded up with a folding of said foldable supporting frame (paras. [0122]-[0129]; [0148]) and unfolded with an unfolding of said foldable supporting frame (paras. [0122]-[0129]), wherein said two pad bodies (portions 50A) are folded and overlapped with each other with a folding of said container body (see paras. [0147]-[0148]).
Claims 3-7, 9-15, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Mu in view of Furesh NPL as applied to claim 2 above, and further in view of U.S. Pub. 2023/0320495 to Zhu (hereinafter, “Zhu”).
Regarding claim 3, Mu as modified by Furesh NPL does not expressly disclose said bottom wall of said container body comprise two wall layers, wherein sad two pad bodies are received between said two wall layers.
Zhu teaches a foldable container comprising two pad bodies (filling that forms mattress portions 18, 20, Fig. 1; para. [0027]) that form a mattress (mattress 12, see Fig. 1). Zhu teaches that the pad bodies may form a polyester or cotton mattress (paras. [0016]-[0017], [0057]). Zhu teaches that each of the two pad bodies is embedded between two wall layers of a waterproof container body (paras. [0016], [0052]). Zhu teaches that the two wall layers form two receiving pockets (fabric shell, para. [0016]) individually formed between the two wall layers to receive the two pad bodies respectively (see Figs. 1, 3). Zhu teaches that the wall layers are connected to the surrounding wall (paras. [0015], [0031]-[0033]). Zhu teaches that the pad bodies provide support and improved comfort for an occupant of the container (para. [0018]). Zhu teaches that embedding the pad bodies within two layers of a waterproof container body permits the pad bodies to be removed for easier cleaning (para. [0016]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the foldable container of Mu/Furesh NPL to have the two pad bodies formed from plastic or cotton and received between two wall layers of the bottom wall of the container body forming two receiving pockets as taught by Zhu for the purpose of easier cleaning, as recognized by Zhu (see para. [0016]).
Regarding claim 4, Mu/Furesh NPL as modified by Zhu already includes at least one of said two wall layers is connected to said surrounding wall (Zhu, see paras. [0015], [0031]-[0033]).
Regarding claim 5, Mu/Furesh NPL as modified by Zhu already includes two of said receiving pockets (Zhu, para. [0016]) are individually formed between said two wall layers to receive said pad bodies respectively (Zhu, para. [0016]).
Regarding claim 6, Mu/Furesh NPL as modified by Zhu already includes two of said receiving pockets (Zhu, para. [0016]) are individually formed between said two wall layers to receive said two pad bodies respectively (Zhu, para. [0016]).
Regarding claim 7, Zhu further teaches that the bottom wall (top surface of mattress portions 18, 20) serves as a flexible connecting element (zipper 26, Figs. 1, 3; para. [0028]) connected between said two pad bodies to retain said pad bodies at a bottom of said container body (see Figs. 1, 3). Zhu teaches that this flexible connecting element allows for quickly and easily coupling and uncoupling the two pad bodies (paras. [0028]-[0029]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the foldable container of Mu/Furesh NPL/Zhu to have the bottom wall serve as a flexible connecting element connected between the two pad bodies to retain the pad bodies at a bottom of the container body as taught by Zhu, for the purpose of quickly and easily coupling and uncoupling the two pad bodies as recognized by Zhu (paras. [0028]-[0029]).
Regarding claim 9, Mu/Furesh NPL as modified by Zhu already includes each of said two pad bodies (Zhu, paras. [0016], [0057]) 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 (Zhu, paras. [0016], [0057]).
Regarding claim 10, Mu/Furesh NPL as modified by Zhu already includes each of said two pad bodies (Zhu, paras. [0016], [0057]) 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 (Zhu, paras. [0016], [0057]).
Regarding claim 11, Mu/Furesh NPL as modified by Zhu already includes each of said two pad bodies (Zhu, paras. [0016], [0057]) 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 (Zhu, paras. [0016], [0057]).
Regarding claim 12, Mu as modified by Furesh NPL already includes container body is made of a material selected from the group consisting of Polyethylene, Polyvinyl Chloride, Polypropylene and Thermoplastic Urethane (Furesh NPL, p. 1).
Regarding claim 13, Mu as modified by Furesh NPL already includes said container body is made of a material selected from the group consisting of Polyethylene, Polyvinyl Chloride, Polypropylene and Thermoplastic Urethane (Furesh NPL, p. 1).
Regarding claim 14, Mu further discloses a handle (handle 321 or handle 51, see Figs. 1, 11) is connected to a middle area (see Fig. 1) of said bottom wall (bottom portion 32) of said container body (container body 30), wherein said handle (handle 321 or 51) is configured for driving the folding of said foldable supporting frame and said container body by a pulling operation (paras. [0122], [0148]).
Regarding claim 15, Mu further discloses a handle (handle 321 or handle 51, see Figs. 1, 11) is connected to a middle area (see Fig. 1) of said bottom wall (bottom portion 32) of said container body (container body 30), wherein said handle (handle 321 or 51) is configured for driving the folding of said foldable supporting frame and said container body by a pulling operation (paras. [0122], [0148]).
Regarding claim 20, Mu further discloses said foldable supporting frame (frame 10) comprises two top supporting arms (top arms 11, Figs. 1, 3B; para. [0095]), wherein said surrounding wall (surrounding wall 31) comprises an edge which is a top edge (see Fig. 1) mounted to said two top supporting arms (see Fig. 1), wherein when said handle (handle 321 or handle 51, see Figs. 1, 11) is pulled (paras. [0122], [0148]), said bottom wall (bottom portion 32) of said container body (container body 30) is pulled upwardly by said handle (handle 321 or handle 51) and causes said two top supporting arms (top arms 11) and said two pad bodies (portions 50A) to pivotally move downward (see Fig. 7B), so as to fold up both of said container body, said two pad bodies and said foldable supporting frame (see paras. [0147]-[0148]).
Claims 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Mu in view of Furesh NPL and Zhu as applied to claims 14 and 15 above, and further in view of U.S. Pub. 2022/0031089 to Zhong (hereinafter, “Zhong”).
Regarding claim 16, Mu further discloses said bottom wall (bottom portion 32) has a drain port (water outlet 322, Fig. 1) provided adjacent to said handle (handle 321 or handle 51, see Figs. 1, 11) at the middle area of said bottom wall (bottom portion 32) for draining the water in said container body (para. [0110]), wherein said two pad bodies (portions 50A of mattress 50) are spaced apart from each other, said handle (handle 321 or handle 51) and said drain port (water outlet 322) are positioned between said two pad bodies (see Figs. 1, 11).
Mu as modified by Furesh NPL and Zhu does not expressly disclose the two pad bodies are spaced apart from each other.
Zhong teaches a similar foldable container having a foldable supporting frame and a container body arranged on the foldable supporting frame (see e.g., Fig. 6). Zhong teaches two pad bodies disposed in the bottom wall of the container body (pad portions 212, 213, Fig. 6). Zhong teaches that the two pad bodies are folded and overlapped with each other with a folding of the container body (Figs. 6-7; para. [0046]). Zhong teaches that the two pad bodies are spaced apart from each other (pad portions 212, 213 are spaced apart to form opening 2141, Fig. 6; additionally, and in the alternative, pad portions 212, 213 are spaced apart by hinge 211 when the container is folded, see paras. [0046], [0049]). Zhong teaches that the two pad bodies are spaced apart to facilitate folding of the container along with the two pad bodies (paras. [0049], [0050]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the foldable container of Mu/Furesh NPL/Zhu to have the two pad bodies spaced apart as taught by Zhong for the purpose of facilitating folding the container along with the pad bodies, as recognized by Zhong (see e.g., paras. [0049], [0050]).
Regarding claim 17, Mu further discloses said bottom wall (bottom portion 32) has a drain port (water outlet 322, Fig. 1) provided adjacent to said handle (handle 321 or handle 51, see Figs. 1, 11) at the middle area of said bottom wall (bottom portion 32) for draining the water in said container body (para. [0110]), wherein said two pad bodies (portions 50A of mattress 50) are spaced apart from each other, said handle (handle 321 or handle 51) and said drain port (water outlet 322) are positioned between said two pad bodies (see Figs. 1, 11).
Mu as modified by Furesh NPL and Zhu does not expressly disclose the two pad bodies are spaced apart from each other.
Zhong teaches a similar foldable container having a foldable supporting frame and a container body arranged on the foldable supporting frame (see e.g., Fig. 6). Zhong teaches two pad bodies disposed in the bottom wall of the container body (pad portions 212, 213, Fig. 6). Zhong teaches that the two pad bodies are folded and overlapped with each other with a folding of the container body (Figs. 6-7; para. [0046]). Zhong teaches that the two pad bodies are spaced apart from each other (pad portions 212, 213 are spaced apart to form opening 2141, Fig. 6; additionally, and in the alternative, pad portions 212, 213 are spaced apart by hinge 211 when the container is folded, see paras. [0046], [0049]). Zhong teaches that the two pad bodies are spaced apart to facilitate folding of the container along with the two pad bodies (paras. [0049], [0050]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the foldable container of Mu/Furesh NPL/Zhu to have the two pad bodies spaced apart as taught by Zhong for the purpose of facilitating folding the container along with the pad bodies, as recognized by Zhong (see e.g., paras. [0049], [0050]).
Regarding claim 18, Mu further discloses said foldable container further comprises a drain pipe (drain pipe 40, Fig. 1) connected to said drain port (water outlet 322) for allowing the water to flow out said container body (para. [0110]), wherein said drain pipe (drain pipe 40) is positioned between said two pad bodies (portions 50A of mattress 50) when said two pad bodies are folded and overlapped with each other with the folding of said container body (drain pipe 40 would be positioned between the two pad bodies when folded, see e.g., Fig. 2).
Regarding claim 19, Mu further discloses said foldable container further comprises a drain pipe (drain pipe 40, Fig. 1) connected to said drain port (water outlet 322) for allowing the water to flow out said container body (para. [0110]), wherein said drain pipe (drain pipe 40) is positioned between said two pad bodies (portions 50A of mattress 50) when said two pad bodies are folded and overlapped with each other with the folding of said container body (drain pipe 40 would be positioned between the two pad bodies when folded, see e.g., Fig. 2).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Mu in view of Furesh NPL as applied to claim 1 above, and further in view of Zhong.
Regarding claim 8, Mu as modified by Furesh NPL does not expressly disclose a flexible connecting element connected between said two pad bodies, wherein said flexible connecting element is received in said receiving pocket when said pad bodies are received in said receiving pocket.
Zhong teaches a similar foldable container (Figs. 1-8) comprising a foldable supporting frame (frame 11, Fig. 1), and a container body arranged on the foldable supporting frame (enclosure 40, see Fig. 1). Zhong teaches the container body comprises a surrounding wall and a bottom wall (see Fig. 1), and two pad bodies are disposed in the bottom wall (pad portions 212, 213, Figs. 6, 8; para. [0046]). Zhong teaches the two pad bodies are connected by a flexible connecting element (hinge 211, Figs. 4, 8; para. [0046]) that is received in a receiving pocket when the pad bodies are received in the receiving pocket (hinge 211 is arranged in the pocket formed by the enclosure 40 along with the pad bodies, see e.g., Fig. 6; paras. [0045]-[0046]). Zhong further teaches that the flexible connecting element permits the pad bodies to fold along with the foldable frame (para. [0046]).
It would have been obvious to one having ordinary skill in the art at the time the invention was filed to have modified the foldable container of Mu/Furesh NPL to have the two pad bodies be connected by a flexible connecting element received in a receiving pocket as taught by Zhong for the purpose of permitting the pad bodies to fold along with the foldable frame, as recognized by Zhong (see para. [0046]).
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 1-6, 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; and
two pad bodies disposed in said bottom wall of said container body.
Claim 1: col. 23, l. 31;
col. 23, l. 32;
col. 23, ll. 34-40;
col. 23, ll. 43-44
Claim 2: The foldable container, as recited in claim 1, 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 and overlapped with each other with a folding of said container body.
Claim 1: col. 23, ll. 53-60; col. 24, ll. 1-10
Claim 3: The foldable container, as recited in claim 2, wherein said bottom wall of said container body comprise two wall layers, wherein sad two pad bodies are received between said two wall layers.
Claim 1: col. 23, ll. 43-51
Claim 4: The foldable container, as recited in claim 3, 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 3, 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 of said 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 in said receiving pocket when said pad bodies are received in said receiving pocket.
Claim 7: col. 24, ll. 45-49
Claim 9: The foldable container, as recited in claim 3, 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 3, 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 1-6, 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; and
two pad bodies disposed in said bottom wall of said container body.
Claim 1: col. 23, l. 40;
col. 23, l. 41;
col. 23, ll. 42-45;
col. 23, ll. 60-61
Claim 2: The foldable container, as recited in claim 1, 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 and overlapped with each other with a folding of said container body.
Claim 1: col. 24, ll. 7-11
Claim 3: The foldable container, as recited in claim 2, wherein said bottom wall of said container body comprise two wall layers, wherein sad two pad bodies are received between said two wall layers.
Claim 1: col. 23, ll. 45-47; col. 24, ll. 4-7
Claim 4: The foldable container, as recited in claim 3, 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 3, wherein two of said 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 of said 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 in said receiving pocket when said pad bodies are received in said receiving pocket.
Claim 7: col. 24, ll. 52-55
Claim 12: The foldable container, as recited in claim 3, 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 3, 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 bottom wall has a drain port 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 bottom wall has a drain port 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 1-5, 7-10, 12, and 14 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 5, 7-9, 12, and 14 of copending Application No. 19/251,726 (“the ‘726 application”). Although the claims at issue are not identical, they are not patentably distinct from each other because the claims of the ‘726 application “anticipate” claims 1-5, 7-10, 12, and 14 of the present application. The presently pending claims and claims of the ‘726 application are below.
Present Claims
Claims of the ‘726 Application
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; and
two pad bodies disposed in said bottom wall of said container body.
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 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 two wall layers and at least one receiving pocket between said two wall layers which are waterproof, such that said at least one receiving pocket is formed within said bottom wall which is connected to said surrounding wall, wherein said two pad bodies are received and hidden in said at least one receiving pocket within 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 2: The foldable container, as recited in claim 1, 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: “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 3: The foldable container, as recited in claim 2, wherein said bottom wall of said container body comprise two wall layers, wherein sad two pad bodies are received between said two wall layers.
Claim 1: “wherein said bottom wall of said container body comprises two wall layers and at least one receiving pocket between said two wall layers which are waterproof, such that said at least one receiving pocket is formed within said bottom wall which is connected to said surrounding wall, wherein said two pad bodies are received and hidden in said at least one receiving pocket within said bottom wall”
Claim 4: The foldable container, as recited in claim 3, wherein at least one of said two wall layers is connected to said surrounding wall.
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 5: The foldable container, as recited in claim 3, wherein two of said receiving pockets are individually formed between said two wall layers to receive said two pad bodies respectively.
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 pad bodies respectively.
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 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 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 in said receiving pocket when said pad bodies are received in said receiving pocket.
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 in said at least one receiving pocket when said pad bodies are received in said at least one receiving pocket.
Claim 9: The foldable container, as recited in claim 3, 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 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 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 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 12: The foldable container, as recited in claim 3, wherein said container body is made of a material selected from the group consisting of Polyethylene, Polyvinyl Chloride, Polypropylene and Thermoplastic Urethane.
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 14: The foldable container, as recited in claim 3, 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 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.
It is apparent that the claims are not patentably distinct from claims 1, 4, 5, 7-9, 12, and 14 of the ‘726 application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
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/LAURA E. PARKER/Examiner, Art Unit 3733