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 .
Application Status
Claims 1-3, 5, 8-15 are pending and have been examined in this application. Claims 1, 5, 8 are amended, claims 4, 6-7 are cancelled.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 03/17/2025 and reviewed 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.
Claim(s) 1, 5, 8, 10-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 6003733 A) to Wheeler.
In regards to claim 1, Wheeler teaches a reward dispenser for dispensing an edible reward to a pet, the reward dispenser comprising: a reward pouch receiver configured to receive a pouch containing an edible reward for a pet (Wheeler; basket 13 configured to receive a pouch containing an edible reward); a dispenser outlet (Wheeler; outlet at passage 79); a peristaltic pump positioned on a reward transfer path between the reward pouch receiver and the dispenser outlet and configured to drive an edible reward from a said pouch at the reward pouch receiver to the dispenser outlet (Wheeler; peristaltic pump in FIGs 6-7, see FIG 2 where the rotor of the pump is located in a path between the receiver basket 13 and the outlet at the bottom 76, the device configured to pinch the discharge tube 30 to propel the food out of the tube); a housing containing the reward pouch receiver and peristaltic pump (Wheeler; housing 11); and a retaining member (Wheeler; 78b) engagable with the housing for retaining a deformable conduit in place on the reward transfer path between the reward pouch receiver and the dispenser outlet (Wheeler; see FIG 6 where 78b is slid into place to retain the conduit 30 in place between the receiver and outlet; see also Col 5 lines 58-65 which describe 78b) wherein the retaining member is slidably engageable with the housing at least at the peristaltic pump or adjacent to the peristaltic pump (Wheeler; see FIG 6 where 78b is slid into place adjacent to and at the pump to form a section of the stator; to retain the conduit 30 in place between the receiver and outlet; see also Col 5 lines 58-65 which describe 78b).
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Wheeler fails to explicitly teach where the retaining member is releaseably engageable with the housing.
However it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the retaining member releaseably engageable since it has been held that if it were considered desirable for any reason to obtain access to a first component to which a second component is applied, it would be obvious to make the second component removable for that purpose. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349. The motivation for doing so would be to provide the user with the ability to repair, replace parts, and clean the apparatus.
In regards to claim 5, Wheeler teaches a reward dispenser as claimed in claim 1, wherein the housing comprises an upper housing portion within which the reward pouch receiver is located and which has an openable lid (Wheeler; upper housing portion containing the basket 13 and a lid or door 36).
In regards to claim 8, Wheeler teaches a reward dispenser as claimed in claim 1, wherein the retaining member has an arcuate contact surface (Wheeler; see FIG 6 where the surface of 78b which contacts 30 is arcuate).
In regards to claim 10, Wheeler teaches a reward dispenser as claimed in claim 1, wherein the dispenser outlet comprises a dispenser port (Wheeler; outlet at passage 79 being a port) and a tray positioned below the dispenser port (Wheeler; see FIG 1 and 2 where the base 44 forms a tray surface).
In regards to claim 11, Wheeler teaches a reward dispenser as claimed in claim 1, wherein the dispenser outlet is positioned on a top surface of the reward dispenser (Wheeler; outlet at 79 being a top surface with respect to 44).
In regards to claim 12, Wheeler teaches a reward dispenser as claimed in claim 1, further comprising a pouch of any one of edible liquid and paste engagable with the reward pouch receiver (Wheeler; teaches dispensing liquids or more viscous liquids (thereby being like a paste)).
In regards to claim 13, Wheeler teaches a reward dispenser as claimed in claim 12, wherein the pouch comprises a deformable conduit positionable on the reward transfer path (Wheeler; conduit 30 positionable in the reward transfer path, see FIGs 1-2).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 6003733 A) to Wheeler in view of (US 20250318501 A1) to Caron.
In regards to claim 2, Wheeler teaches a reward dispenser as claimed in claim 1, but fails to teach further comprising a wireless controller associated with the peristaltic pump.
Caron teaches a wireless controller associated with the peristaltic pump. (Caron; [0100] wireless communication means enabling setting of food doses, manual activation of food dispensing, which would be associated with the pump in order to set and activate dispensing) (Wheeler; teaching the peristaltic pump).
Wheeler and Caron are analogous art from similar fields of endeavor i.e. dispensing systems using compressive forces to dispense flowable food.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wheeler such that it has a wireless controller associated with the peristaltic pump such as taught by Caron. The motivation for doing so would be to allow for programmable settings of the apparatus from a wireless device such as setting specific dosage amounts.
In regards to claim 3, Wheeler teaches a reward dispenser as claimed in claim 1, but fails to teach further comprising at least any one of an audio output element and a visual output element configured to activate upon activation of the peristaltic pump.
Caron teaches further comprising at least any one of an audio output element and a visual output element configured to activate upon activation of the peristaltic pump (Caron; [0075] light or sound indicator 19 to indicate operation of the device, loudspeaker).
Wheeler and Caron are analogous art from similar fields of endeavor i.e. dispensing systems using compressive forces to dispense flowable food.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Wheeler such that it has an audio and visual output element configured to activate upon activation of the peristaltic pump such as taught by Caron. The motivation for doing so would be to alert a user that the machine is dispensing or that the machine is operational.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 6003733 A) to Wheeler in view of (US 20170290290 A1) to Trottier.
In regards to claim 9, Wheeler teaches a reward dispenser as claimed claim 1, but fails to teach further comprising an onboard battery.
Trottier teaches further comprising an onboard battery (Trottier; battery [0130] battery powered motors; [0218] batteries).
Wheeler and Trottier are analogous art from similar fields of endeavor i.e. food dispensers.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Caron as modified by Wheeler such that it has an onboard battery such as taught by Trottier. The motivation for doing so would be to provide the system with the ability to operate without plugging into a wall socket.
Claim(s) 1-3, 5, 8, 10-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20250318501 A1) to Caron in view of (US 6003733 A) to Wheeler.
In regards to claim 1, Caron teaches a reward dispenser for dispensing an edible reward to a pet, the reward dispenser comprising: a reward pouch receiver configured to receive a pouch containing an edible reward for a pet (Caron; receiver 66 inside unit 10 with bag 4); a dispenser outlet (Caron; outlet located above tray 22 and between clamps 38 through which the food is dispensed); and a pump positioned on a reward transfer path between the reward pouch receiver and the dispenser outlet (Caron; rollers 36a, 36b acting as the peristaltic pump by compressing the bag 4 along a reward transfer path between the pouch receiver 66 holding 4 and the outlet dispensing food into tray 22) and configured to drive an edible reward from a said pouch at the reward pouch receiver to the dispenser outlet (Caron; where the rollers 36a, 36b compress the pouch to transfer food from the pouch at the receiver to the outlet such that it can be received by 22, 8A)
a housing containing the reward pouch receiver and peristaltic pump (Caron; Casing 6 containing pouch 4 and the pump created by rollers 36a-b); and a retaining member (Caron; 38A-B) engagable with the housing for retaining a deformable conduit in place on the reward transfer path between the reward pouch receiver and the dispenser outlet (Caron; where 38A-B retains the conduit 26 in place on the reward transfer path between the receiver 66 holding 4 to the dispensing outlet through which food flows into tray 22), wherein the retaining member is slidably engagable with the housing any one of at and adjacent to the peristaltic pump (Caron; 38A-B are slidably engageable with the housing such that they slide back and forth, see FIG 5 and [0088-0089]; being positioned adjacent to the pump or rollers 36A-B of Caron).
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Caron fails to explicitly teach wherein the pump is a peristaltic pump and where the retaining member is releaseably engageable with the housing.
However it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the retaining member releaseably engageable since it has been held that if it were considered desirable for any reason to obtain access to a first component to which a second component is applied, it would be obvious to make the second component removable for that purpose. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349. The motivation for doing so would be to provide the user with the ability to repair, replace parts, and clean the apparatus.
Wheeler teaches wherein the pump is a peristaltic pump (Wheeler; peristaltic pump in FIGs 6-7, see FIG 2 where the rotor of the pump is located in a path between the receiver basket 13 and the outlet at the bottom 76, the device configured to pinch the discharge tube 30 to propel the food out of the tube).
Caron and Wheeler are analogous art from similar fields of endeavor i.e. dispensing systems using compressive forces to dispense flowable food.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Caron such that it explicitly utilizes a peristaltic pump with flexible tubing routed around the head of the pump, such as taught by Wheeler. The motivation for doing so would be to provide greater control of the dispensing speed and volume.
In regards to claim 2, Caron as modified by Wheeler teach a reward dispenser as claimed in claim 1, further comprising a wireless controller associated with the peristaltic pump (Caron; [0100] wireless communication means enabling setting of food doses, manual activation of food dispensing, which would be associated with the pump in order to set and activate dispensing) (Wheeler; teaching the peristaltic pump).
In regards to claim 3, Caron as modified by Wheeler teach a reward dispenser as claimed in claim 1, further comprising at least any one of an audio output element and a visual output element configured to activate upon activation of the peristaltic pump (Caron; [0075] light or sound indicator 19 to indicate operation of the device, loudspeaker).
In regards to claim 5, Caron as modified by Wheeler teach a reward dispenser as claimed in claim 1, wherein the housing comprises an upper housing portion within which the reward pouch receiver is located and which has an openable lid (Caron; Casing 6 has an upper portion where the pouch 4 is located, with openable lid or door 21).
In regards to claim 8, Caron as modified by Wheeler teach a reward dispenser as claimed in claim 1, wherein the retaining member has an arcuate contact surface (Caron; 38A-B having arcuate surfaces which contact the sides of the bag, see FIG 5).
In regards to claim 10, Caron as modified by Wheeler teach a reward dispenser as claimed in claim 1, wherein the dispenser outlet comprises a dispenser port (Caron; the outlet between the pouch 4 and the tray 22 being a port) and a tray positioned below the dispenser port (Caron; 22, 8A, 8B).
In regards to claim 11, Caron as modified by Wheeler teach a reward dispenser as claimed in claim 1, wherein the dispenser outlet is positioned on a top surface of the reward dispenser (Caron; outlet between pouch 4 and tray 22 being on a top surface with respect to the tray 22).
In regards to claim 12, Caron as modified by Wheeler teach a reward dispenser as claimed in claim 1, further comprising a pouch of any one of edible liquid and paste engageable with the reward pouch receiver (Caron; bag 4 containing edible wet pet food [0074]).
In regards to claim 13, Caron as modified by Wheeler teach a reward dispenser as claimed in claim 12, wherein the pouch comprises a deformable conduit (Caron; conduit being 26) positionable on the reward transfer path (Caron; positioned on the reward path between receiver 66 and outlet above 22).
In regards to claim 14, Caron as modified by Wheeler teach a reward dispenser as claimed in claim 1, further comprising a deformable conduit (Caron; conduit being deformable neck 26) which extends along the reward transfer path between the reward pouch receiver and the dispenser outlet (Caron; 26 extends along the reward transfer path between 66 and the outlet above 22).
Claim(s) 9 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over (US 20250318501 A1) to Caron as modified by (US 6003733 A) to Wheeler as applied to claim 1 above, in further view of (US 20170290290 A1) to Trottier.
In regards to claim 9, Caron as modified by Wheeler teach a reward dispenser as claimed claim 1, but fail to explicitly teach further comprising an onboard battery.
Trottier teaches further comprising an onboard battery (Trottier; battery [0130] battery powered motors; [0218] batteries).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Caron as modified by Wheeler such that it has an onboard battery such as taught by Trottier. The motivation for doing so would be to provide the system with the ability to operate without plugging into a wall socket.
In regards to claim 15, Caron as modified by Wheeler teach an interactive pet engagement system for at least any one of entertaining, training, and monitoring a pet, the system comprising: a reward dispenser as claimed in claim 1 (Caron as modified by Wheeler in claim 1 above),
Caron fails to teach an interactive device configured to present at least one task for a pet; and wherein the reward dispenser is activated in response to a result of an undertaking of the at least one task at the interactive device.
Trottier teaches an interactive device configured to present at least one task for a pet (through indicators 1312 and stimuli 1304); and wherein the reward dispenser is activated in response to a result of an undertraining of the at least one task at the interactive device (Trottier; 1306 animal condition is sensed by sensors 1314 which in turn presents food 1316 for reinforcement 1308; see also [0110] [0259])
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Caron such that it utilizes an interactive device which presents a task for a pet and then rewards the pet by dispensing food such as taught by Trottier. The motivation for doing so would be to provide an automated source of training for the animal.
Response to Arguments
Applicant's arguments filed 01/29/2026 have been fully considered but they are not persuasive.
Applicant argues against the rejection with Wheeler, and argues that Wheeler’s machine is a professional machine for the food service industry and not a reward dispenser for pets cleaned and held by pet owners, and argues that Wheeler fails to teach the retaining member being releasably engageable with the housing and argues there would be no motivation to modify Wheeler such that its retaining member is releasable since it teaches it mounted to the device. Applicant also argues against the rejection of Caron in view of Wheeler for similar reasons as above.
Examiner respectfully disagrees. Wheeler’s retaining member, 78b is demonstrated in FIGs 6 and 7 to be slidably engaged with the housing such that sliding in one direction releases 30 and in another rejection secures 30 to the pumping mechanism. As stated in the rejection, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make the retaining member releasably engageable since it has been held that if it were considered desirable for any reason to obtain access to a first component to which a second component is applied, it would be obvious to make the second component removable for that purpose. In re Dulberg, 289 F.2d 522, 523, 129 USPQ 348, 349. In the instant case, making a component which is slidably engaged with the machine removable allows for a user the ability to repair, replace parts, or clean the apparatus, and therefore one of ordinary skill would have been motivated to make the parts releasable in some way in order to make it more accessible and repairable.
Examiner also asserts that Wheeler reads upon applicant’s claims as written and that the language provided does not state any structural differences of the claimed invention between the teachings of Wheeler. For example, the structures which make the instant invention easier for a pet owner to handle that differ from Wheeler are not described in the claims. It would have been obvious for one of ordinary skill to make a part mounted by bolts releasable, as the claims as written are absent any other cited structural differences.
It is asserted that this argument similarly applies to Caron, where Caron teaches a retaining member 38A-B which retains the conduit 26 in place and is slidably engageable with the housing to slide back and forth, and that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to make this slidably engaged retaining member be releasable from the housing as well for the same reasons as stated above.
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 KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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, KIMBERLY BERONA can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647