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 7 and 10 are objected to because of the following informalities: Claims 7 and 10 are identical, and one claim should be canceled. Appropriate correction is required.
Claim Rejections - 35 USC § 112
Claim 17 is 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. In claim 17, "lip portions" and "sifting trays" (multiple) lack prior antecedent basis.
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. Art
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.
5. Claim(s) 1,2,5,6-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lewis (5797346) in view of Rockaitis, III. Lewis discloses a sifting tray 40 (which is configured to nest within a second sifting tray) comprising an apertured bottom wall and four sidewall portions 46 comprising two opposing end sidewall portions and two opposing lateral sidewall portions, each of the four sidewall portions extending upwardly from a periphery of the apertured bottom wall, the apertured bottom wall and the four sidewall portions all unitary with each other; wherein the apertured bottom wall having a planar lowermost wall portion extending between each of the four sidewall portions at a lowermost level; and wherein the apertured bottom wall having a at least four rows of elongate openings 44; wherein the apertured bottom wall has a plurality of ribs projecting upwardly from the lowermost wall portion of the apertured bottom wall, and wherein the flattened tops define an uppermost wall portion 42 of the bottom wall; wherein each corner of the tray comprises an uninterrupted bottom wall portion; wherein a singular traverse extends from a first lateral sidewall portion to the end to the opposite lateral sidewall uninterrupted by a rib; wherein Lewis further comprises a base tray 12, 14 defining a cavity configured to retain litter; and further comprising a spill rim portion 52 that is sized to seat on lip portions 28,30,48 of sifting
trays. Lewis, however, does not disclose that the tray is formed from a pulp material. Rockaitis, III teaches a pet litter container comprising a tray 11 that is formed of pulp material such as egg cartons which are know to comprise recycled cardboard material. (col. 4, lines 20-53). It would have been obvious to one skilled in the art to form the Lewis tray of the pulp material as taught by Rockaitis, III in order to absorb liquid and provide structural stability, while also being eco-friendly. Although it is not disclosed that the thickness of the pulp material is 1.5mm or the weight is 147 grams, it would have been obvious to provide said thickness in order to provide at lightweight assembly.
Claim(s) 1,2,5-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sareyani (2017118946A1) in view of Rockaitis, III. Sareyani discloses a disposable kitty litter box, and in particular discloses the following technical features (see paragraphs 54-55 and 76 of the description, and Figs. 1A-1D and 7A-7F). The disposable kitty litter box includes a package of sifting trays for a kitty litter box (disclosing a package of sifting trays for a litter box system), the package of sifting trays containing at least two sifting trays 104, each sifting tray having a bottom wall 136, and four unitary wall portions 128, 130, 132 and 134 extending upwardly from the bottom wall, the four unitary wall portions having a lip portion 138 extending around the four unitary wall portions, the bottom wall 136 having first row and a second row, each row having structure on the bottom wall defining a plurality of elongate straight ribs 201 and a plurality of elongate straight openings 248, the plurality of elongate straight ribs and plurality of elongate straight openings in an alternating arrangement, wherein the plurality of ribs 201 of one of the rows is in alignment with the plurality of the elongate
straight openings 248 of the other row; wherein the bottom wall having a first cluster of a plurality of elongate and straight ribs and a plurality of elongate and straight slots positioned at a first lateral sidewall of the sifting tray; and the bottom wall having a second cluster of a plurality of elongate and straight ribs and a plurality of elongate and straight slots positioned at an opposite lateral sidewall of the sifting tray. Sareyani, however, does not disclose that the tray is formed from a pulp material. Rockaitis, III teaches a pet litter container comprising a tray 11 that is formed of pulp material such as egg cartons which are know to comprise recycled cardboard material. (col. 4, lines 20-53). It would have been obvious to one skilled in the art to form the Sareyani system of the pulp material as taught by Rockaitis, III in order to improve the environmentally friendly performance an reduce costs. Although it is not disclosed that the thickness of the pulp material is 1.5mm or the weight is 147 grams, it would have been obvious to provide said thickness in order to provide at lightweight assembly.
Allowable Subject Matter
Claims 3,4,20 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
8. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The cited prior art shows examples of litter tray systems.
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to YVONNE ABBOTT whose telephone number is (571)272- 6896. The examiner can normally be reached 7am -5:30pmEST Monday- Thursday.
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/YVONNE R ABBOTT-LEWIS/ Primary Examiner, Art Unit 3644
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