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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
The claims are objected to because of the following informalities:
claim 1, “the water tray being in butt joint with the control valve” is not grammatically correct.
claim 17, “feed-water tan” should read “feed-water tank”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claims 1-20 are rejected under 35 U.S.C. 112(a) as failing to comply with the written description requirement. The claims contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor at the time the application was filed, had possession of the claimed invention. Independent claim 1 recites the limitation, “the water tray being in butt joint with the control valve”, which is not sufficiently described in the instant disclosure. The plain definition of the term “butt joint” is defined as “a joint made by fastening the parts together end-to-end without overlap and often with reinforcement”1. Like claim 1, the instant specification at paragraphs [0011], [0045], and [0048] similarly states that the “evaporator 300 includes a water tray 310 and water intake assemblies 320, in which, the water tray 310 is in butt joint with the control valve 220, the control valve 220 controls the communication and separation between the drinking bowl 210 and the water tray 310”, but does not go in further detail about the manner in which elements 310 and 220 are connected.
Instant figures 3 and 4 show both elements 220 and 310, but does not show that elements 220 and 310 are in a butt joint connection with each other according to the plain meaning of the term. Instead, figures 3 and 4 show that elements 220 and 310 are connected via intermediary elements, not in a manner in which a joint is made by fastening portions of elements 220 and 310 together, end-to-end. The instant specification does not provide a special meaning to the term “butt joint”, and it is unclear what the limitation is requiring. Thus, the limitation is not described in such a way as to reasonably convey to one skilled in the relevant art that the inventor had possession of the claimed invention.
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 1-19 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.
Claim 1 is indefinite because it is unclear what is meant by the limitation, “the water tray being in butt joint with the control valve”. Instant figures 3-4 do not show a butt joint between water tray 310 and control valve 220, and it is unclear what this limitation is requiring (see also, the 112(a) rejection above). One of ordinary skill in the art would not be able to reasonably ascertain the metes and bounds of the claimed subject matter.
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. All other claims depending on one or more of the rejected claims above are rejected the same.
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 1-2, 4-11, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Wei et al. (US 20240407331 A1), hereafter referred to as “Wei”, in view of Fan (WO 2020173509 A2), hereafter referred to as “Fan” and Daley (US 20140331698 A1), hereafter referred to as “Daley”.
Regarding claim 1, Wei teaches a pet water dispenser (figs. 1-10), comprising:
a feed-water tank (1) in which a water container is arranged (fig. 1);
a drinking device (3A, 301; fig. 5) comprising a drinking bowl (fig. 1) and a control valve (501, 502, 503, 6), the control valve being connected to the drinking bowl and the feed-water tank (paragraph [0038] and fig. 6), and the control valve controlling communication and separation between the drinking bowl and the feed-water tank (paragraph [0038]).
Wei further teaches water disposal assembly including a water tray (2), the water tray being in butt joint with the control valve (figs. 2 and 6, as best understood), the control valve controlling the communication and separation between the drinking bowl and the water tray (paragraph [0035]), and the water intake assembly being arranged in the water tray (fig. 10), but does not explicitly teach an evaporator comprising the water tray and a water intake assembly, and the water intake assembly with the surface area greater than the bottom area of the water tray.
Fan teaches a pet water dispenser (figs. 1-12) including an evaporator (19, 40, 41, and the top surface of the bottom of element 11; see attached machine translation, paragraphs [0130]-[0134]) comprising a water tray (top surface of the bottom of element 11) and a water intake assembly (40, 41).
Both Wei and Fan seek to provide a hygienic pet water dispenser that collects and separates water that has been used and contaminated by a pet (via elements 2, 8, 801 and paragraph [0003] and claim 1 of Wei and machine translation, paragraphs [0036]-[0037] of Fan). 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 dispenser of Wei, such that the water disposal assembly is an evaporator comprising the water tray and a water intake assembly, as taught by Fan, in order to remove collected wastewater in a manner that reduces the emptying frequency needed by a user (machine translation, paragraph [0134] of Fan).
Daley teaches an evaporator (figs. 1-8) that includes a water intake assembly (30; fig. 1) that has a surface area greater than a bottom area of a water tray (14; element 30 is a sponge, which has a larger surface area that the bottom surface of 14 because of the porous structure of element 30; fig. 1).
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 dispenser of Wei in view of Fan, such that the surface area of the water intake assembly is greater than the bottom area of the water tray, as taught by Daley, in order to further improve the evaporation of the water tray (paragraph [0018] of Daley).
Regarding claim 2, the combined teachings of Wei in view of Fan and Daley teaches the pet water dispenser according to claim 1, and further teaches that the evaporator (2 of Wei; 19, 40, 41, and the top surface of the bottom of element 11 as relied on Fan; 30 as relied on Daley) is positioned below the feed-water tank (1 of Wei; figs. 1-2) and further comprises a shell (portion of element 4 where element 2 slides within as best shown in fig. 2);
the feed-water tank and the drinking bowl (3) are both mounted on the shell (figs. 1-2);
the shell and the water tray are assembled to form an evaporation chamber (enclosed region created within elements 2 and 4 when assembled; fig. 2), and the water intake assembly is positioned in the evaporation chamber (19, 40, 41 as relied on Fan and 30 as relied on Daley); but does not explicitly teach that air holes are formed in the side wall of the shell, and the evaporation chamber is in communication with outside through the air holes.
Fan further teaches air holes (13) are formed in the side wall of a shell (top portion of element 11; figs. 1, 6, and 9), and an evaporation chamber (enclosed region within 11; figs. 1, 6, and 9) is in communication with outside through the air holes (figs. 1, 6, and 9).
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 dispenser of Wei in view of Fan and Daley to include air holes are formed in the side wall of the shell, and the evaporation chamber is in communication with outside through the air holes, as further taught by Fan, in order to further improve the ventilation of the evaporator (machine translation, paragraph [0150] of Fan).
Regarding claim 4, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 2, but does not explicitly teach that the top surface of the water intake assembly is higher than the top surface of the water tray.
It is well settled, however, that merely changing the size or shape of a prior art device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular size or shape was significant (MPEP 2144, citing In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976).) It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the dispenser of Wei in view of Fan and Daley, such that the top surface of the water intake assembly is higher than the top surface of the water tray, in order to further increase the amount of water being absorbed by the water intake assembly.
Regarding claim 5, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 2, and Wei further teaches that a part of the water tray (2) is positioned below a joint (9) of the drinking bowl (3) and the control valve (501; fig. 6 showing a portion of 2 below element 9 in the vertical direction).
Regarding claim 6, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 2, and Wei further teaches a planting pot (8), wherein the planting pot is mounted on one side of the evaporator (2; fig. 10), a water inlet of the planting pot (201) is in communication with the drinking bowl (3; paragraphs [0039]-[0040], [0042], [0047]-[0051]), and a water outlet of the planting pot (801) is in butt joint with a water inlet of the water tray (fig. 10).
Regarding claim 7, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 6, and Wei further teaches a flow guide member (304, 4; paragraphs [0016] and [0040]) which is positioned between the drinking bowl (3) and the planting pot (8; paragraph [0040]), wherein the head end of the flow guide member is directly connected to the control valve (501, 502, 503, 6; paragraph [0040]), and the tail end of the flow guide member is positioned at the water inlet of the planting pot (fig. 10 showing water passage channeling water to 201 and paragraph [0016]), but does not explicitly teach that the head end of the flow guide member is in a butt joint with the control valve.
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 dispenser of Wei in view of Fan and Daley, such that the head end of the flow guide member is in a butt joint with the control valve, in order to provide simplified assembly and disassembly between elements, and because it would have been obvious to try, as butt joints are well known joint types in the art.
Regarding claim 8, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 7, and Wei further teaches that the tail end of the flow guide member (304, 4; paragraphs [0016] and [0040]) is positioned above the water tray (2; fig. 10), and the planting pot (8) is detachably connected to the water tray (2; fig. 10 showing that 8 is not integrally formed with element 2).
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Annotated Figure 10 of Wei.
Regarding claim 9, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 7, Wei further teaches that the planting pot (8) is provided with an inlet water buffer tank (see annotate figure 10 above), a planting tank (annotated fig. 10) and a water drainage channel (annotated fig. 10);
the tail end of the flow guide member (annotated fig. 10; paragraph [0016] and including 304, 4) is positioned above the inlet water buffer tank (fig. 10), the inlet water buffer tank is in communication with the planting tank (fig. 10), the planting tank is in communication with the drainage channel (fig. 10), and the tail end of the drainage channel is positioned above the water tray (2; fig. 10).
Regarding claim 10, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 9, Wei further teaches that at least two water inlet notches are formed in the side wall (at least two openings shown in annotated fig. 10), close to the inlet water buffer tank (annotated fig. 10), of the planting tank (annotated fig. 10) and are distributed in the length extending direction of the inlet water buffer tank (fig. 10).
Regarding claim 11, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 9, and Wei further teaches that the bottom surface of the inlet water buffer tank (annotate fig. 10 above) is higher than the bottom surface of the planting tank (bottom surface of 8; fig. 10).
Regarding claim 16, the combined teachings of Wei in view of Fan and Daley teaches the pet water dispenser according to claim 1, and further teaches that a positioning frame (fig. 10 of Wei showing various ribs along the walls of element 2) is also arranged in the evaporator (2 of Wei; 19, 40, 41, and the top surface of the bottom of element 11 as relied on Fan; 30 as relied on Daley) and is positioned in the water tray (2 of Wei), and the water intake assembly is detachably arranged in the positioning frame (fig. 10 of Wei).
Regarding claim 17, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 1, and Wei further teaches that the control valve (501, 502, 503, 6) comprises a valve body (inherently a part of element 501; paragraph [0038]), a valve core (inherently a part of element 501; paragraph [0038]) and a driving mechanism (inherently a part of element 501; paragraph [0038]);
the valve body is provided with a first channel connector and a second channel connector (501 necessarily includes an inlet and outlet channel connector), the first channel connector is in communication with the water outlet end of the feed-water tank (1; paragraph [0038]), and the second channel connector is in communication with the water inlet of the water tray (2; paragraph [0038]);
the valve core is mounted on the valve body and is provided with a channel opening and closing port (501 necessarily includes a channel opening and closing port), and the channel opening and closing port is in communication with a water flow channel of the drinking bowl (3; paragraph [0038]);
the driving mechanism is in transmission connection with the valve core (paragraph [0038]); and
the channel opening and closing port is driven by the driving mechanism to move (paragraph [0038]).
Regarding claim 20, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 1, and Wei further teaches that the drinking bowl (3) is lower than the bottom of the feed-water tank (1; shown in fig. 1), and the water tray (2) is lower than the bottom (3A3; fig. 3) of the drinking bowl (the bottom surface of element 2 is vertically lower than element 3A3; figs. 2-3).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Wein in view of Fan and Daley as applied to claim 2 above, and further in view of Chan et al. (US 20240068705 A1), hereafter referred to as “Chan”.
Regarding claim 3, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 2, but does not explicitly teach wherein the water intake assembly is of a plate-shaped structure folded in a wavy mode.
Chan teaches an evaporator (figs. 1-12) including a water intake assembly (40) that is a plate-shaped structure folded in a wavy mode (fig. 3; paragraphs [0007] and [0022]).
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 dispenser of Wei in view of Fan and Daley, such that the water intake assembly is of a plate-shaped structure folded in a wavy mode, as taught by Chan, in order to facilitate better evaporation of collected water by improving the absorption and spreading of water into the water intake assembly (paragraphs [0007] and [0022] of Chan).
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of Fan and Daley as applied to claim 1 above, and further in view of Shepard et al. (US 20050005868 A1), hereafter referred to as “Shepard”.
Regarding claim 12, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 1, but does not explicitly teach that salt is placed in the water tray.
Shepard teaches a water dispenser (figs. 1-2) including salt (paragraph [0032]) placed in a water lines (paragraph [0032]).
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 dispenser of Wei in view of Fan and Daley, to treat the water with salt such that salt is placed in the water tray, as taught by Shepard, in order to disinfect the wastewater (paragraph [0032] of Shepard).
Regarding claim 13, the combined teachings of Wei in view of Fan, Daley, and Shepard teaches the pet water dispenser according to claim 12, and Fan further teaches an anti-corrosion compound (machine translation, paragraph [0133] of Fan) is placed in the water tray (2 of Wei).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of Fan, Daley, and Shepard as applied to claim 13 above, and further in view of Chan.
Regarding claim 14, Wei in view of Fan, Daley, and Shepard teaches the pet water dispenser according to claim 13, but does not explicitly teach that the evaporator also comprises a fan which is mounted in the evaporation chamber, and an air outlet of the fan is arranged towards the water intake assembly.
Chan teaches an evaporator (figs. 1-12) including a fan (60) which is mounted in an evaporation chamber (10), and an air outlet of the fan is arranged towards a water intake assembly (40; paragraph [0026]).
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 dispenser of Wei in view of Fan, Daley, and Shepherd, such that the evaporator also comprises a fan which is mounted in the evaporation chamber, and an air outlet of the fan is arranged towards the water intake assembly, as taught by Chan, in order to further evaporate the collected wastewater (paragraph [0026] of Chan).
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of Fan, Daley, and Shepard as applied to claim 13 above, and further in view of Balentine (US 5694785 A), hereafter referred to as “Balentine”.
Regarding claim 15, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 13, but does not explicitly teach that the evaporator also comprises an electric heating member which is mounted on the water tray.
Balentine teaches an evaporator (figs. 1-3) including an electric heating member (16; fig. 1) which is mounted on a water tray (14).
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 dispenser of Wei in view of Fan, Daley, and Shepherd, such that the evaporator also comprises an electric heating member which is mounted on the water tray, as taught by Balentine, in order to further evaporate the collected wastewater (abstract of Balentine).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Wei in view of Fan and Daley as applied to claim 17 above, and further in view of van der Zee et al. (US 20110260085 A1), hereafter referred to as “van der Zee”.
Regarding claim 18, Wei in view of Fan and Daley teaches the pet water dispenser according to claim 17, but does not explicitly teach a position indicating portion is arranged on the valve core; and the control valve further comprises a position sensor which is arranged corresponding to the position indicating portion, and the position sensor is electrically connected to the driving mechanism.
van der Zee teaches a solenoid valve (1; figs. 1-4) including a position indicating portion (18) is arranged on a valve core (8); and
a control valve (1) further comprises a position sensor (17) which is arranged corresponding to the position indicating portion (paragraph [0032]), and the position sensor is electrically connected to a driving mechanism (13; fig. 1 and paragraph [0034]).
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 dispenser of Wei in view of Fan and Daley, such that the control valve includes a position indicating portion is arranged on the valve core; and the control valve further comprises a position sensor which is arranged corresponding to the position indicating portion, and the position sensor is electrically connected to the driving mechanism, as taught by van der Zee, in order to mitigate damage to the valve by predicting a malfunction of the valve (paragraphs [0004]-[0010] of van der Zee).
Regarding claim 19, Wei in view of Fan, Daley, and van der Zee teaches the pet water dispenser according to claim 17, and Wei further teaches a connecting water pipe (paragraph [0038]), wherein one end of the connecting water pipe is in communication with the feed-water tank (1; paragraph [0038]), and the other end of the connecting water pipe is in communication with the first channel connector (inlet connector of 501; paragraph [0038]); but does not explicitly discuss the position of the connecting water pipe, and thus does not explicitly teach that the connecting water pipe is positioned above the water tray.
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 dispenser of Wei in view of Fan, Daley, and van der Zee, such that the connecting water pipe is positioned above the water tray, in order to further reduce “the power demand of the water purifying flow driving the device via direct flow by gravity” (paragraphs [0018] and [0038] of Wei), 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. For example, US 20060230676 A1 teaches a similar pet watering device that includes a plant growing element.
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/H.J.B./Examiner, Art Unit 3643
/MARISA V CONLON/Examiner, Art Unit 3643
1 BUTT JOINT Definition & Meaning - Merriam-Webster (https://www.merriam-webster.com/dictionary/butt%20joint)
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