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 .
Notice to Applicant
Claims 1-20 have been examined in this application. This communication is the first action on the merits of these claims.
Claim Objections
Claim 10 is objected to because of the following informalities: there is a space before the period at the end of the claim that should be deleted. Appropriate correction is required.
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 are rejected under 35 USC 102(a)(1) and 102(a)(2) as being anticipated by US Patent Number 3,086,498 to Reynolds.
Regarding claim 1, Reynolds discloses an extendable feeding device comprising:
A feeding box comprised of an interior space (tray A);
A sliding lid coupled to the feeding box, the sliding lid movable between a closed position and an open position to selectively enclose the interior space (sliding lid 50);
A secondary handle attached to the sliding lid, the secondary handle configured to facilitate movement of the sliding lid between the closed position and the open position (tab 54 can be grasped by a user to move lid 50, and therefore would be configured to facilitate movement of the sliding lid between the closed position and the open position); and
A primary handle attached to the feeding box (as shown in Figures 1, 2, and 4, the triangular portion of side 42 juts out of the cage 10 and can be used as a handle for the user).
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 2, 4-6, 8 are rejected under 35 USC 103 as being obvious over US Patent Number 3,086,498 to Reynolds in view of US Patent Number 8,464,659 to Batman.
Regarding claim 2 (dependent on claim 1), Reynolds does not disclose the interior space is comprised of a divider. However, this limitation is taught by Batman. Batman discloses a pet feeder system with a handle, with the feeding device 108 comprising a water supporting section 110 and a food supporting section 112 and a divider in between (see Figure 6). Reynolds suggests that the object within the tray in many cases will be food or water (column 2, lines 19-21). It would thus be obvious to a person having ordinary skill in the art to modify Reynolds using the teachings from Batman in order to provide both food and water at the same time.
Regarding claim 4 (dependent on claim 1), Batman further teaches the primary handle is comprised of a non-slip grip (elastomeric grip 56).
Regarding claim 5 (dependent on claim 4), Batman further teaches the non-slip grip is comprised of a texture. Elastomeric materials have a texture.
Regarding claim 6 (dependent on claim 4), Reynolds does not disclose the non-slip grip is comprised of an antimicrobial coating. However, the examiner takes official notice that the use of antimicrobial coatings in feeding devices is notoriously well-known in the art, and that it would be obvious to a person having ordinary skill in the art to modify Reynolds to use an antimicrobial coating in order to inhibit the growth of bacteria on the tray.
Regarding claim 8 (dependent on claim 4), Batman does not disclose the non-slip grip is comprised of a contoured grip. However, the examiner takes official notice that contoured grips are notoriously well-known in the art, and that it would be obvious to a person having ordinary skill in the art to make grip 56 contoured in order to make it more comfortable for the user.
Claims 3 and 7 are rejected under 35 USC 103 as being obvious over US Patent Number 3,086,498 to Reynolds in view of US Patent Application Number 2017/0055492 by Lowenthal.
Regarding claim 3 (dependent on claim 1), Reynolds does not disclose a gasket. However, this limitation is taught by Lowenthal. Lowenthal discloses a pet food dispenser with a food housing 5 and a lid 60 and rubber gaskets 80 and 81 to seal the interior 12 of the main housing 5 (see paragraph 27). It would be obvious to a person having ordinary skill in the art to modify Reynolds using the teachings from Lowenthal in order to prevent food or water from leaking out of the trays.
Regarding claim 7 (dependent on claim 3), Lowenthal further teaches the gasket is comprised of a flexible material. Gaskets 80 and 81 are made of rubber.
Claims 9-12 are rejected under 35 USC 103 as being obvious over US Patent Number 3,086,498 to Reynolds in view of US Patent Application Number 2018/0228126 by Curtin.
Regarding claim 9, Reynolds discloses an extendable feeding device comprising:
A feeding box comprised of an interior space (tray A);
A sliding lid coupled to the feeding box, the sliding lid movable between a closed position and an open position to selectively enclose the interior space (sliding lid 50);
A secondary handle attached to the sliding lid, the secondary handle configured to facilitate movement of the sliding lid between the closed position and the open position (tab 54 can be grasped by a user to move lid 50, and therefore would be configured to facilitate movement of the sliding lid between the closed position and the open position); and
A primary handle attached to the feeding box (as shown in Figures 1, 2, and 4, the triangular portion of side 42 juts out of the cage 10 and can be used as a handle for the user).
Reynolds does not disclose the primary handle being removable. However, this limitation is taught by Curtin. Curtin discloses a pet feeding system with a handle 60 is the removably engaged with protrusions on the food bowl. It would be obvious to a person having ordinary skill in the art to modify Reynolds using the teachings from Curtin in order to make it easier to move the trays from different heights and distances.
Regarding claim 10 (dependent on claim 9), Curtin further teaches the removable primary handle is telescopic. Paragraph 42 discloses “The removable handle is optionally adjustable in length (e.g., by telescoping or collapsible mechanism) or is available in different lengths to accommodate the needs of users with different heights”.
Regarding claim 11 (dependent on claim 9), 12 (dependent on claim 9), Reynolds discloses a locking mechanism. Column 1, line 63 to column 2, line 2 disclose “A locking device which consists of tab 34 with a hole 36 is placed in the center and front portion of the slide 30 in order that the tray be locked in position in the cage with a lock bar (not shown)” and Figure 3 shows hole 56 of tab 54 aligning with hole 36.
Reynolds does not disclose the locking mechanism being comprised of a push button lock, a twist lock, or a spring-loaded pin lock. However, having disclose a lock for tab 34, it would be obvious to a person having ordinary skill in the art to use known types of locks such as push button locks, twist locks, or spring-loaded pin locks.
Claims 13, 15, 16, 17, 19 are rejected under 35 USC 103 as being obvious over US Patent Number 3,086,498 to Reynolds in view of US Patent Application Number 2018/0228126 by Curtin, in further view of US Patent Number 8,464,659 to Batman.
Regarding claim 13 (dependent on claim 9), Reynolds does not disclose the interior space is comprised of a divider. However, this limitation is taught by Batman. Batman discloses a pet feeder system with a handle, with the feeding device 108 comprising a water supporting section 110 and a food supporting section 112 and a divider in between (see Figure 6). Reynolds suggests that the object within the tray in many cases will be food or water (column 2, lines 19-21). It would thus be obvious to a person having ordinary skill in the art to modify Reynolds using the teachings from Batman in order to provide both food and water at the same time.
Regarding claim 15 (dependent on claim 9), Batman further teaches the primary handle is comprised of a non-slip grip (elastomeric grip 56).
Regarding claim 16 (dependent on claim 15), Batman further teaches the non-slip grip is comprised of a texture. Elastomeric materials have a texture.
Regarding claim 17 (dependent on claim 15), Reynolds does not disclose the non-slip grip is comprised of an antimicrobial coating. However, the examiner takes official notice that the use of antimicrobial coatings in feeding devices is notoriously well-known in the art, and that it would be obvious to a person having ordinary skill in the art to modify Reynolds to use an antimicrobial coating in order to inhibit the growth of bacteria on the tray.
Regarding claim 19 (dependent on claim 15), Batman does not disclose the non-slip grip is comprised of a contoured grip. However, the examiner takes official notice that contoured grips are notoriously well-known in the art, and that it would be obvious to a person having ordinary skill in the art to make grip 56 contoured in order to make it more comfortable for the user.
Claims 14, 18 are rejected under 35 USC 103 as being obvious over US Patent Number 3,086,498 to Reynolds in view of US Patent Application Number 2018/0228126 by Curtin, in further view of US Patent Application Number 2017/0055492 by Lowenthal.
Regarding claim 14 (dependent on claim 9), Reynolds does not disclose a gasket. However, this limitation is taught by Lowenthal. Lowenthal discloses a pet food dispenser with a food housing 5 and a lid 60 and rubber gaskets 80 and 81 to seal the interior 12 of the main housing 5 (see paragraph 27). It would be obvious to a person having ordinary skill in the art to modify Reynolds using the teachings from Lowenthal in order to prevent food or water from leaking out of the trays.
Regarding claim 18 (dependent on claim 14), Lowenthal further teaches the gasket is comprised of a flexible material. Gaskets 80 and 81 are made of rubber.
Claim 20 is rejected under 35 USC 103 as being obvious over US Patent Number 3,086,498 to Reynolds.
Regarding claim 20, Reynolds discloses a method of using an extendable feeding device, the method comprising the following steps:
Providing an extendable feeding device comprising of a feeding box (tray A), a sliding lid (sliding lid 50), an interior space (inside of tray A), and a primary handle (as shown in Figures 1, 2, and 4, the triangular portion of side 42 juts out of the cage 10 and can be used as a handle for the user);
Placing a food or a water within the interior space of the feeding box, moving the sliding lid into a closed position to enclose the food or the water in the feeding box, moving the lid into an open position to allow an animal access to the food or the water, inserting the feeding box into a cage or an enclosure until the feeding box is inside the cage or the enclosure (column 2, lines 14-21 disclose “An object is placed in tray A and the lid is closed. Tray A is then inserted into tray B which is already sitting within the cage having its lid in the closed position. Both lids are then opened as shown in FIG. 2 so that the object can be made accessible to the interior of the cage. The insects can enter the tray from the cage in order to reach the object which in many cases will be food or water”).
Reynolds does not disclose gripping the primary handle to insert the feeding box, and removing the feeding box from the cage or the enclosure by pulling the primary handle. However, Reynolds describes tray B as a slidable drawer, and Figures 1, 2, and 4 shows that only the triangular portion of sides 42 extend out from the cage 10. It would therefore be obvious to a person having ordinary skill in the art to modify Reynolds to grip sides 42 as the only portions of the tray A that can be held on to outside of the cage to insert and remove tray A from the cage.
Reynolds does not disclose moving the sliding lid back into the closed position after the animal has finished eating or drinking. However, having disclosed closing lid 50 to insert the tray, it would be obvious to a person having ordinary skill in the art to close the lid again to remove the tray in order to prevent any left over food or water from spilling.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL H WANG whose telephone number is (571)272-6554. The examiner can normally be reached 10-6:30.
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MICHAEL H. WANG
Primary Examiner
Art Unit 3642
/MICHAEL H WANG/Primary Examiner, Art Unit 3642