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 .
Application Status
Claims 1-12 are pending and have been examined in this application.
This communication is the first action on the merits.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
As of the date of this action, an information disclosure statement (IDS) has been filed on 09/22/2025 and reviewed by the Examiner.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1, 10-12 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 6-8 of copending Application No. 19272530 in view of (JP H0767491 A) to Kobayashi.
Claims 1, 10-12 re-state limitations already claimed in claims 1, 6-8 which include the feeder with the tower housing, feeding head, container, and openings as claimed. Claims 1, 10-12 also claim the motor providing a rotation force to move a substance towards the opening, and the limitations of the inclined surfaces, the feeding head having an inclined surface and a discharge opening.
Claims 1, 10-12 differ from claims 1, 6-8 in that claims 1, 10-12 additionally require the elements of the crank. However this is taught by (JP H0767491 A) to Kobayashi, which teaches the elements of a crank used to provide translational motion to the feeding head.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 1-2, 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over (CN 216533180 U) to Zhao in view of (US 20190335798 A1) to Morin and (JP H0767491 A) to Kobayashi.
In regards to claim 1, Zhao teaches a feeder comprising: a transfer housing shaped to define an opening (Zhao; transfer housing being the lower portion of 4 with 5 and opening beneath 5); a transfer portion structured to rotate within the transfer housing (Zhao; transfer portion being 5, 502 and rotates via motor 501); a second gear (Zhao; either of 504, 506); a motor effecting movement of the transfer portion and the second gear (Zhao; 501 rotates both 502, 503 which rotates also 504, 506); a mechanism rotating together with the second gear (Zhao; 507 rotates along with 504, 506); and a feeding head positioned adjacent to the opening of the transfer housing (Zhao; feeding head being 9 which is adjacent to the opening below 502), wherein the rotating of the mechanism causes movement of the feeding head relative to the opening of the transfer housing (Zhao; rotation of 507 creates movement of 9 with respect to the stationary opening below 502).
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Zhao fails to explicitly teach a first gear in communication with the transfer portion and structured to cause the transfer portion to rotate; the motor effecting movement of the first gear, a crank rotating together with the second gear; wherein the rotating of the crank causes movement of the feeding head relative to the opening of the transfer housing.
Morin teaches a first gear in communication with the transfer portion and structured to cause the transfer portion to rotate; the motor effecting movement of the first gear (Morin; electric motor 430 which may be a geared motor connected to transfer portion 420 to rotate within a housing under 410).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Zhao such that the motor utilizes a geared motor to create the rotational movement for the transfer portion, such as taught by Morin. The motivation for doing so would be to reliably connect the transfer portion to the motor and to allow for the motor to drive the transfer portion.
Zhao as modified by Morin fail to teach a crank rotating together with the second gear; wherein the rotating of the crank causes movement of the feeding head relative to the opening of the transfer housing.
Kobayashi teaches a crank (Kobayashi; crank disk 29 with arm 30 and crank pin 32) rotating together with the second gear (Kobayashi; together with gears 28, 33, 34, 35 via motor 25); wherein the rotating of the crank causes movement of the feeding head relative to the opening of the transfer housing (Kobayashi; rotating of crank disk 29 with arm 30 and crank pin 32 causes translational movement of 14 which moves relative to the lower opening in 15).
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It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Zhao as modified by Morin such that the mechanism by which the motor and second gear move the feeding head is a rotating crank such as taught by Kobayashi. The motivation for doing so would be to utilize a compact mechanism with increased strength to reliably turn rotational movement into translational movement.
In regards to claim 2, Zhao as modified by Morin and Kobayashi teach the feeder of claim 1, further comprising: a shaft positioned to couple the second gear and the crank (Kobayashi; shaft through 30 which connects it to 28); and a moving base coupled to the crank (Kobayashi; moving base being the base of 6 connected to 30 via 32), wherein the feeding head is fixed to the moving base (Kobayashi; 14 connected to the base of 6), wherein the crank comprises: a crank body sized to receive the shaft and being structured to rotate the shaft (Kobayashi; 30 receiving a shaft which connects it to 28 such that it rotates when 28 rotates due to the movement imparted by the motor); and a crank pin coupled to the moving base (Kobayashi; crank pin 32 connected to the base of 6 via 24), wherein the crank pin is located parallel to the shaft and extending from the crank body toward the moving base (Kobayashi; both pin 32 and the shaft which connects 30 to 28 have to be parallel for the gear to rotate).
In regards to claim 10, Zhao as modified by Morin and Koabayashi teach the feeder of claim 1, further comprising: a tower housing sized to receive the transfer housing (Zhao; exterior most housing of 2 which receives the housing which contains 5) and further sized to form an opening on a side surface (Zhao; opening on a side surface through which 9 extends); a container positioned above the transfer housing (Zhao; container being the uppermost portion of 4 which contains feed), inside the tower housing (Zhao; see FIG 1); an upper base positioned on an opposite side of the container with respect to the transfer housing, inside the tower housing (Zhao; upper base being the wall portion supporting 8); a lower base facing the upper base (Zhao; the lower base being the lowermost part of 2 under 9); and a moving base which moves between the upper base and the lower base, and to which the feeding head is fixed (Zhao; moving base being the lowermost part of the tray which contains 9 and moves due to 10).
In regards to claim 11, Zhao as modified by Morin and Koabayashi teach the feeder of claim 10, wherein the transfer housing is further shaped to include: a front opening which permits communication of the feeding head and an interior of the transfer housing (Zhao; front opening being the opening below 5 which is towards a front of the device and communicates with the portion of 4 which houses 5 and 9); and an upper opening positioned below the container, which permits communication of the interior of the transfer housing with an exterior of the transfer housing (Zhao; upper opening being the opening defined by the slanted walls of 4 which allows food to be dispensed into the portion of 4 with 5), and wherein the container is generally aligned with the upper opening of the transfer housing (Zhao; see FIG 1 where the opening formed by the slanted walls of 4 is aligned with the upper open part containing 5).
Allowable Subject Matter
Claims 3-9 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 20230180714 A1 to Wu teaches a motor with a gear connected to a mechanism for translating a pusher device to move with respect to an opening.
US 20210144962 A1 to Clarke teaches a motor connected to a gear for translating a food bowl into and out of a feeder.
US 20200100460 A1 to Chen teaches a smart pet feeder with a transfer portion within a transfer housing configured to rotate and push food into an opening, the opening in communication with a moving portion which pushes food out of a chute.
US 20170202178 A1 to Gordon teaches a bowl extended and translated along a rail using a motor and gear to drive the device in a forward-and-backward direction.
US 20150090186 A1 teaches a transfer portion which is a screw that transfers food along a horizontal direction through a front facing opening.
US 20150068463 A1 to Worry teaches an apparatus which dispenses treats by translating a drawer 124 open and closed.
US 7874265 B1 to Addleman teaches a cover for a feeder which translates in and out of a housing using wheels.
US 20050217591 A1 to Turner teaches a transfer portion which pushes food through a front facing opening, the transfer portion having a housing with an opening aligned with and in communication with a container holding feed, the bowl is translated in and out of the housing.
US 5483923 A to Sabbara teaches a translating portion which controls the dispensing of feed via a motor.
US 5383614 A to Panning teaches a crank which moves a paddle in a rotational motion to translate food.
US 4735171 A to Essex teaches a container with feed, a motor connected to a transfer portion, the transfer portion translating food through an opening in the front of the device.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATELYN T TRUONG whose telephone number is (571)272-0023. The examiner can normally be reached Monday - Friday: 8-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, KIMBERLY BERONA can be reached at (571) 272-6909. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATELYN T TRUONG/Primary Examiner, Art Unit 3647