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 .
Specification
The disclosure is objected to because of the following informalities:
The reference numeral “111” has been used to designate both the “segment housing member” in Paragraph [0047] and the “material” in Paragraph [0043].
The reference numeral “101” has been used to designate both the “segment housing member” in Paragraphs [0037]-[0045] and the “hollow base member” in Paragraph [0046]
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-9 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 states “wherein the segment member’s position in the segment unit provides a space entirely surrounding the segment member, wherein the space is continuous.” It is unclear how the space can be entirely surrounding the segment member, thus rendering the claim indefinite. For example if there is a space entirely and continuously surrounding the segment member, then the segment member would be floating, as there would be a space in every direction surrounding the segment member. The Office recommends amending this limitation to describe a more precise location of the space in relation to the segment member.
Claim 4 recites the limitation "the one or more supports" in line 1. There is insufficient antecedent basis for this limitation in the claim.
Claims 2-3 and 5-9 are rejected to as being dependent on a rejected base claim.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over Hill (US 2007/0068461) in view of Takagi (US 2018/0220619).
Regarding Claim 1, Hill discloses an improved litter box comprising:
a hollow base container configured to retain liquid waste (inner tray 63; Figures 3 and 4);
a sloped transportation member positioned on top of the base container (upper tray 7; Figures 3 and 4), wherein the sloped transportation member is configured to direct liquid waste to the hollow base container (Figures 3 and 4 through drain 55);
a segment housing member positioned on top of the sloped transportation member (textured surface 3; Figures 3 and 4), wherein the segment housing member comprises a plurality of segment units (defined by support ribs 38; Figure 7), each segment unit of the plurality of segment units having a segment member (support lug 25), wherein the segment member’s position in the segment unit provides a space entirely surrounding the segment member, wherein the space is continuous (Figures 6-9; the area in the horizontal plane surrounding support lug 25 creates a continuous space where liquid can flow in any direction off the top of 25 and into apertures 23 (see 112b above)), the space allowing liquid waste to pass through the segment housing member and enter the sloped transportation member (“The textured surface is formed with a plurality of apertures 23 to allow the passage of liquid waste through to the upper tray.” Paragraph [0067]); and,
absorbent material positioned in the plurality of segment units (“Absorbent material may be placed on the textured surface.” Paragraph [0085]).
Hill fails to explicitly disclose that the absorbent material is a plurality of litter sand particles.
However, Takagi teaches a similar litter box comprising a segment housing member (upper container 2; Figures 1-3), wherein the segment housing member comprises a plurality of segment units (defined by longitudinal ribs 22 and cross ribs 21; Figure 3A), and a plurality of litter sand particles positioned in the plurality of segment units (excrement treatment material S; Figure 6; “the cat enters the toilet for an animal and urinates or defecates from above excrement treatment material called, for example, cat litter, sands or the like” Paragraph [0045]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the absorbent material of Hill, with the litter particles of Takagi, with reasonable expectation of success, in order to help decrease excessive odor build-up in the litter box.
Regarding Claim 2, Hill as modified teaches the litter box of claim 1. Hill further discloses the improved litter box, wherein the hollow base container (inner tray 63) comprises a handle enabling a user to maneuver the hollow base container for maintenance and draining of the liquid waste contained in the hollow base container (handle 69; Figure 21; “Each inner tray is formed with handles 69 to assist in manual removal from the toileting device.” Paragraph [0081]).
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hill in view of Takagi as applied to claim 1 above, and further in view of Klatt (US 2021/0037781).
Regarding Claim 3, Hill as modified teaches the litter box of claim 1.
Hill fails to disclose the improved litter box, further comprising one or more supports positioned on the segment housing member or the transportation member, wherein the supports are configured to retain an additional layer positioned above the segment housing member.
However, Klatt teaches a similar litter box, further comprising one or more supports (edge 17) positioned on the segment housing member (sift box 16) or the transportation member, wherein the supports are configured to retain an additional layer positioned above the segment housing member (scatter shield 18; Figures 1 and 6; Paragraph [0020]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the segment housing member of Hill, with the support and additional layer of Klatt, with reasonable expectation of success, in order to allow the user to more easily remove additional layers for cleaning and maintenance, while also providing additional protection for preventing the scattering of litter outside of the litter box.
Regarding Claim 4, Hill as modified teaches the litter box of claim 1.
Hill fails to disclose the improved litter box, wherein the one or more supports comprise tabs, flanges, or surface contours configured to physically retain the additional layer in a fixed position.
However, Klatt teaches a similar litter box, wherein the one or more supports comprise tabs, flanges (edge 17; Figure 1), or surface contours configured to physically retain the additional layer in a fixed position (Paragraph [0020]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the segment housing member of Hill, with the support flanges and additional layer of Klatt, with reasonable expectation of success, in order to allow the user to more easily remove and re-attach additional layers for cleaning and maintenance, while also providing additional protection for preventing the scattering of litter outside of the litter box.
Claims 5-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hill in view of Takagi as applied to claim 1 above, and further in view of Kang (KR 2022/0022992).
Regarding Claim 5, Hill as modified teaches the litter box of claim 1.
Hill fails to disclose the improved litter box, further comprising at least one urine sensor positioned within or proximate to the hollow base container, the urine sensor configured to detect one or more chemical or physical properties of the urine.
However, Kang teaches a similar pet potty, further comprising at least one urine sensor positioned within or proximate to the hollow base container (“The urine information obtaining unit may be located on one side of the separation unit 220 or the urine storage unit” Page 4 Paragraph 6 of translation; Figure 2), the urine sensor configured to detect one or more chemical or physical properties of the urine (“may obtain information on the weight and pH of the urine stored in the urine storage unit” Page 4 Paragraph 6 of translation).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the base container of Hill, with the urine sensor of Kang, with reasonable expectation of success, in order to allow the user to easily track the pet’s urine, to help ensure the pet has healthy living conditions.
Regarding Claim 6, Hill as modified teaches the litter box of claim 5.
Hill fails to disclose the improved litter box, wherein the urine sensor is selected from the group consisting of optical sensors, electrochemical sensors, and conductivity sensors.
However, Kang teaches a similar pet potty wherein the urine sensor is selected from the group consisting of optical sensors, electrochemical sensors, and conductivity sensors (“the urine information obtaining unit may include optical equipment and a sensor like the above-described stool information obtaining unit 410, and may further include a pH meter.” Page 4 Paragraph 6 of translation).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the base container of Hill, with the optical sensor and pH meter of Kang, with reasonable expectation of success, in order to allow the user to easily track specific measure of the pet’s urine, to help ensure the pet has healthy living conditions.
Regarding Claim 7, Hill as modified teaches the litter box of claim 5.
Hill fails to disclose the improved litter box, wherein the urine sensor is configured to detect pH, glucose, turbidity, electrolyte content, or other data of the urine.
However, Kang teaches a similar pet potty, wherein the urine sensor is configured to detect pH (“may obtain information on the weight and pH of the urine stored in the urine storage unit” Page 4 Paragraph 6 of translation), glucose, turbidity, electrolyte content, or other data of the urine.
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the base container of Hill, with the pH meter of Kang, with reasonable expectation of success, in order to allow the user to easily track specific measure of the pet’s urine, to help ensure the pet has healthy living conditions.
Regarding Claim 9, Hill as modified teaches the litter box of claim 1.
Hill fails to disclose the improved litter box, further comprising one or more box weight sensors configured to detect the total weight of the litter box and to infer a weight of a cat using the litter box.
However, Kang teaches a similar pet potty further comprising one or more box weight sensors configured to detect the total weight of the litter box and to infer a weight of a cat using the litter box (“the weight measurement unit is the body 100 or the bowel movement pad 310, at least any one or more of the change or the companion animal is positioned on the bowel movement pad 310, the tension applied to the bowel movement pad 310 (Tension) may include one or more sensors capable of measuring the change. Through this, the weight measuring unit may calculate the weight of the companion animal.” Page 5 Paragraph 10 of translation).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the base container of Hill, with the pet weight sensor of Kang, with reasonable expectation of success, in order to allow the user to easily track the pet’s weight over time, without adding additional stress to the pet, and to help ensure the pet is maintaining a healthy lifestyle.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hill in view of Takagi as applied to claim 1 above, and further in view of Takada (US 2019/0191662).
Regarding Claim 8, Hill as modified teaches the litter box of claim 1.
Hill fails to disclose the improved litter box, further comprising at least one tank weight sensor positioned beneath the hollow base container, the tank weight sensor configured to detect changes in weight of the container corresponding to liquid waste accumulation.
However, Takada teaches a similar pet potty further comprising at least one tank weight sensor (weight scale 40) positioned beneath the hollow base container (excretion receiving container 16), the tank weight sensor configured to detect changes in weight of the container corresponding to liquid waste accumulation (Paragraph [0053]).
It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the base container of Hill, with the liquid waste accumulation weight sensor of Takada, with reasonable expectation of success, in order to help monitor the pet to ensure the pet is maintaining a regular schedule, in order to catch any possible health concerns early and quickly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Vargo (US 4649578), Cahajla (US 5699754), Maguire (US 6408790), Mohr (US 2006/0037548), and Scanlan et al. (US 9737045) are considered relevant prior art as they pertain to similar pet potty systems.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALANNA PETERSON whose telephone number is (571)272-6126. The examiner can normally be reached M-F 8-5 EST.
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/A.K.P./Examiner, Art Unit 3642 /JOSHUA D HUSON/Supervisory Patent Examiner, Art Unit 3642