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 .
This is the first Office Action on the merits. Claims 1-20 are currently pending.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character not mentioned in the description: 41.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the torsion structure/torsional spring must be shown or the feature canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
The claims are objected to because of the following informalities: The claims appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors. For example, in claim 1, “during moving, the cleaning assembly filters cat litter” is grammatically incorrect.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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 11 and 18 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. The claims are generally narrative and indefinite, failing to conform with current U.S. practice. They appear to be a literal translation into English from a foreign document and are replete with grammatical and idiomatic errors.
Claim 11 is indefinite because it is unclear what is meant by the term “the same bending radian” in line 3. This term is not a term in the art, and the instant disclosure does not further explain what is meant by this term (see, e.g., paragraph [0016] and [0067] of the instant specification). One of ordinary skill in the art would not be able to reasonably ascertain the metes and bounds of the claimed subject matter.
Claim 18 recites the limitation "the shell" in line 1. There is insufficient antecedent basis for this limitation in the claim.
In view of the rejections above under 35 USC § 112, the claims referred to in any and all rejections below are rejected as best understood.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-9, 14-15, and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Caputa et al. (US 20070056521 A1), hereafter referred to as “Caputa”.
Regarding claim 1, Caputa discloses a cat litter box (figs. 1-16), comprising a box body (12; fig. 1), further comprising a cleaning assembly (32 and 36, including elements shown in figure 12) and a poop basin (28), wherein the cleaning assembly is connected to the box body (fig. 4), the poop basin is adjacent to the box body (fig. 1 showing that element 12 is next to where element 30 locates), and the cleaning assembly is configured to move towards the poop basin along the end (fig. 5), far away from the poop basin, of the box body (fig. 1); during moving, the cleaning assembly filters cat litter in the box body (paragraph [0041]); and
the poop basin is provided with a movably connected poop basin cover (30, 40; paragraph [0043] and figs. 4-5), and when the cleaning assembly moves close to the poop basin, the cleaning assembly is abutted against the poop basin cover (fig. 5), and then the poop basin cover is driven to be gradually opened as the cleaning assembly moves towards the poop basin (paragraphs [0042]-[0045]); and when the cleaning assembly moves towards the end, far away from the poop basin, of the box body, the poop basin cover is gradually closed (paragraphs [0042]-[0045]).
Regarding claim 2, Caputa discloses the cat litter box according to claim 1, and further discloses that the poop basin cover (30, 40) comprises a covering portion (30) and an abutting portion (40); the covering portion is movably connected to the poop basin (figs. 4-5); and one end of the abutting portion is connected to the covering portion while the other end thereof is used for abutting against the cleaning assembly (as best shown in fig. 5 and paragraph [0044]).
Regarding claim 3, Caputa discloses the cat litter box according to claim 2, and further discloses that when the poop basin cover (30, 40) is closed, the abutting portion (40) protrudes out of the poop basin (28; fig. 1).
Regarding claim 4, Caputa discloses the cat litter box according to claim 1, and further discloses that the poop basin (28) comprises a poop basin frame (28) and a poop basin body (paragraph [0042] teaching a liner), the poop basin cover (30) is connected to the poop basin frame (fig. 15), and the poop basin body is detachably connected to the poop basin frame (paragraph [0042]).
Regarding claim 5, Caputa discloses the cat litter box according to claim 1, and further discloses that the cleaning assembly (32, 36) is provided with door opening arc walls (curved corner portions of 32) which are used for being abutted against the poop basin cover (30, 40; fig. 5 showing that the curved wall portions of 32 abut 40).
Regarding claim 6, Caputa discloses the cat litter box according to claim 5, and further discloses that the cleaning assembly (32, 36) comprises a driving mechanism (36) and a scraper knife member (elements 34; fig. 12) connected to the driving mechanism (fig. 10); and the driving mechanism is used for driving the scraper knife member to move, so that the scraper knife member can filter the cat litter in the box body during moving (paragraph [0041]).
Regarding claim 7, Caputa discloses the cat litter box according to claim 6, and further discloses that the door opening arc walls (curved corner portions of 32) are arranged on two sides of the scraper knife member (fig. 5), and are higher than the scraper knife member (elements 34; fig. 12).
Regarding claim 8, Caputa discloses the cat litter box according to claim 6, and further discloses that the scraper knife member (elements 34) is provided with a first scraper knife portion (lower portions of 34) which is abutted against the box body (paragraph [0041]); and in the process that the driving mechanism drives the scraper knife member to move, the first scraper knife portion fits an upper surface of the box body to move (paragraph [0041]).
Regarding claim 9, Caputa discloses the cat litter box according to claim 6, and further discloses a shell (18; fig. 1), wherein rails (82) are arranged on the shell which is in sliding connection with the driving mechanism by sliding rail members (80); and the driving mechanism is configured to be capable of reciprocating along the rails (paragraph [0068]).
Regarding claim 14, Caputa discloses the cat litter box according to claim 1, and further discloses a shell (18; fig. 1), wherein the rails (82) are arranged on the shell, and the cleaning assembly is configured to be capable of reciprocating along the rails (paragraph [0068]).
Regarding claim 15, Caputa discloses the cat litter box according to claim 9, and further discloses that the box body (12) is arranged in the shell (18; fig. 16), and is detachably connected to the shell (paragraph [0084]).
Regarding claim 18, Caputa discloses the cat litter box according to claim 1, further discloses comprising the shell (18), wherein the shell comprises two side plates (20, 22) which are oppositely arranged (fig. 1), and the box body is located between the two side plates (fig. 1 showing that 19 extends between 20, 22); and a deodorization spray assembly (72; fig. 12) is arranged on the inner wall of the side (figs. 1 and 12), facing the box body (figs. 1 and 12), of at least one side plate (figs. 1 and 12 showing that 72 is arranged on the inner wall of 20).
Regarding claim 19, Caputa discloses the cat litter box according to claim l, and further discloses a main control board (66) and a battery (70), wherein the battery is electrically connected to the main control board and the cleaning assembly (paragraph [0062] and fig. 6).
Regarding claim 20, Caputa discloses the cat litter box according to claim 19, and further discloses a sensing device (44) which is electrically connected to the main control board (fig. 6 and paragraph [0046]), wherein the sensing device is used for sensing whether a cat leaves the box body or not (paragraph [0046]).
Claims 1, 5-6, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 20230371465 A1), hereafter referred to as “Kim”.
Regarding claim 1, Kim discloses a cat litter box (figs. 1-9), comprising a box body (120; fig. 1), further comprising a cleaning assembly (140, 146, 130, 145) and a poop basin (150), wherein the cleaning assembly is connected to the box body (fig. 1), the poop basin is adjacent to the box body (fig. 1), and the cleaning assembly is configured to move towards the poop basin along the end (fig. 9), far away from the poop basin, of the box body (fig. 9); during moving, the cleaning assembly filters cat litter in the box body (paragraph [0009] and fig. 9); and
the poop basin is provided with a movably connected poop basin cover (151a; fig. 9), and when the cleaning assembly moves close to the poop basin, the cleaning assembly is abutted against the poop basin cover (fig. 9), and then the poop basin cover is driven to be gradually opened as the cleaning assembly moves towards the poop basin (paragraph [0093]); and when the cleaning assembly moves towards the end, far away from the poop basin, of the box body, the poop basin cover is gradually closed (paragraph [0094]).
Regarding claim 5, Kim discloses the cat litter box according to claim 1, and further discloses that the cleaning assembly (140, 146, 130, 145) is provided with door opening arc walls (1463; fig. 9) which are used for being abutted against the poop basin cover (fig. 9 and paragraph [0093]).
Regarding claim 6, Kim discloses the cat litter box according to claim 5, and further discloses that the cleaning assembly (140, 146, 130, 145) comprises a driving mechanism (130, 145) and a scraper knife member (146; fig. 9) connected to the driving mechanism (fig. 1); and the driving mechanism is used for driving the scraper knife member to move (paragraph [0053]), so that the scraper knife member can filter the cat litter in the box body during moving (paragraph [0053]).
Regarding claim 9, Kim discloses the cat litter box according to claim 6, and further discloses a shell (110), wherein rails (130) are arranged on the shell (fig. 1) which is in sliding connection with the driving mechanism (130, 145) by sliding rail members (142, 141, 143; fig. 4); and the driving mechanism is configured to be capable of reciprocating along the rails (paragraphs [0053] and [0095]).
Regarding claim 10, Kim discloses the cat litter box according to claim 9, and further discloses that racks (paragraph [0062]) are arranged in the rails (130), and the sliding rail members are arranged to be gears in meshed connection with the racks (paragraph [0066]).
Regarding claim 11, Kim discloses the cat litter box according to claim 9, and further discloses that the bottoms of the rails and the bottom of the box body are both in an arc shape (fig. 9), and the rails and the box body have the same bending radian and are corresponding in position (fig. 9 showing element 130 and element 120 with a 90-degree arc).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to claim 10 above, and further in view of Cook et al. (US 8166919 B2), hereafter referred to as “Cook”.
Regarding claim 12, Kim teaches the cat litter box according to claim 10, but does not explicitly teach that the scraper knife member is rotationally connected to the driving mechanism, and a torsion structure is arranged at a joint of the scraper knife portion and the driving mechanism; a first limiting wall is arranged at one end of the scraper knife member, and a second limiting wall is correspondingly arranged on the driving mechanism; the first limiting wall can be abutted against the second limiting wall when the scraper knife member rotates relative to the driving mechanism; and the direction in which the first limiting wall abuts against the second limiting wall is opposite to the torsion direction of the torsion structure.
Cook teaches a cat litter box (figs. 1-28) including a scraper knife member (222) rotationally connected to a driving mechanism (218), and a torsion structure (308, 263, 264), is arranged at a joint (294) of the scraper knife portion and the driving mechanism (figs. 23A-23D and col. 18, lines 29-67); a first limiting wall (288, 290; fig. 23A) is arranged at one end of the scraper knife member (fig. 23A), and a second limiting wall (306; fig. 23C) is correspondingly arranged on the driving mechanism (fig. 23C); the first limiting wall can be abutted against the second limiting wall when the scraper knife member rotates relative to the driving mechanism (figs. 23B-23D); and the direction in which the first limiting wall abuts against the second limiting wall is opposite to the torsion direction of the torsion structure (figs. 23A-23D).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cat litter box of Kim, such that the scraper knife member is rotationally connected to the driving mechanism, and a torsion structure is arranged at a joint of the scraper knife portion and the driving mechanism; a first limiting wall is arranged at one end of the scraper knife member, and a second limiting wall is correspondingly arranged on the driving mechanism; the first limiting wall can be abutted against the second limiting wall when the scraper knife member rotates relative to the driving mechanism; and the direction in which the first limiting wall abuts against the second limiting wall is opposite to the torsion direction of the torsion structure, in order to provide a self-flipping scraper knife element that rotates to drop collected waste, and then repositions again by rotating the scraper knife on its return path to avoid collecting waste without the need of a separate driving mechanism (figs. 23A-23D and col. 18, lines 29-67).
Regarding claim 13, Kim in view of Cook teaches the cat litter box according to claim 12, but does not explicitly teach that the torsion structure is a torsion spring.
It is well settled, however, that substituting one equivalent component for another is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular component was significant. MPEP at 2144.06, citing Smith v. Hayashi, 209 USPQ 754 (Bd. of Pat. Inter. 1980); see also a simple substitution of one known equivalent element for another would obtain predictable results. MPEP 2143, citing KSR International Co. v. Teleflex Inc., 127 S. Ct. 1727, 1739, 1740, 82 USPQ2d 1385, 1395, 1396 (2007). Here, applicant has not shown patentable significance of a torsion spring, rather than Cook’s biased spring torsion mechanism, as they both elastically control rotation of the scraper knife mechanism at a pivot. It would have been an obvious substitution of functional equivalents to one of ordinary skill in the art before the claimed invention was filed to substitute the biased spring torsion mechanism of Cook with a torsion spring, in order to provide angular control of the scraper knife mechanism in a simplified, passive elastic element, and since it is well known in the art that torsion springs provide an elastic element for controlling rotation at a pivot joint.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Caputa as applied to claim 15 above, and further in view of Thaler et al. (US 6378461 B1), hereafter referred to as “Thaler”.
Regarding claim 16, Caputa teaches the cat litter box according to claim 15, but does not explicitly teach including clamping teeth which extending outward are arranged at an opening of the box body, the shell is provided with clamping grooves matched with the clamping teeth, and the box body is movably clamped and embedded in the clamping grooves by the clamping teeth.
Thaler teaches a litter box (figs. 1-29) including clamping teeth (302) which extend outward (fig. 9) are arranged at an opening of a box body (300; fig. 7), a shell (200) is provided with clamping grooves (328; figs. 9-10) matched with the clamping teeth (col. 7, lines 21-35), and the box body is movably clamped and embedded in the clamping grooves by the clamping teeth (col. 7, lines 21-35).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the cat litter box of Caputa to include clamping teeth which extend outward and are arranged at an opening of the box body, the shell is provided with clamping grooves matched with the clamping teeth, and the box body is movably clamped and embedded in the clamping grooves by the clamping teeth, as taught by Thaler, in order to mitigate mess caused by the tray shifting around by improving the attachment between the shell and the tray (col. 7, lines 21-35 of Thaler).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Caputa as applied to claim 1 above.
Regarding claim 17, Caputa teaches the cat litter box according to claim 1, and further teaches a disinfection device (72) located at the bottom of the cleaning assembly (fig. 12), but does not explicitly teach that the disinfection device is arranged below the cleaning assembly.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the litter box of Caputam such that the disinfection device is arranged below the cleaning assembly, in order to more effectively target waste and odor-causing bacteria at the bottom of the box body, and since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Conclusion
The cited prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure. The references have many of the elements in the applicant’s disclosure and claims.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Primary Examiner, Art Unit 3643
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