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 1-10 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 08/27/2025 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 1-4, 6-8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 10-12 of copending Application No. 19272159 in view of (CN 109911651 A) to Wang and (CN 216533180 U) to Zhao.
Claims 1-4 of the instant invention are obvious over Claim 1 of copending Application No. 19272159 in view of (CN 109911651 A) to Wang and (CN 216533180 U) to Zhao. Claims Wang and Zhao teach the elements of the hub, bearing, gears, and motor.
Claims 1, 6-8 re-state limitations already claimed in claims 1, 10-12 which include the feeder with the tower housing, feeding head, container, and openings as claimed. Claims 1, 6-8 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, 6-8 differ from claims 1, 10-12 in that claims 1, 6-8 additionally require the elements of the screw, hub, and motor which provides rotational force in a first direction but the screw does not rotate in a second direction opposite the first direction. However this is taught by (CN 109911651 A) to Wang, which teaches the uni-directional bearing for the screw.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over (CN 217694814 U) to Guan in view of (CN 109911651 A) to Wang.
In regards to claim 1, Guan teaches a feeding device comprising: a transfer housing including an opening (Guan; housing comprising 51, 52 with opening at 32); a transfer portion rotatable in the transfer housing (Guan; 55, see FIG 6); a shaft connected to the transfer portion (Guan; shaft of 55); and a motor providing a rotational force to the shaft (Guan; motor 53), wherein the transfer portion comprises: a screw rotating spirally from the shaft toward the opening of the transfer housing, in the transfer housing (Guan; see where 55 has a screw portion in FIG 6 which pushes food towards the open end at 32); and a hub into which the shaft is inserted (Guan; hub being the flat part of the housing in front of 54 where the shaft is inserted via a fastener, see FIG 6), and to which the screw is fixed, wherein the screw rotates when the motor provides rotational force in a first direction (Guan; see FIG 6 wherein when the motor provides rotational force, the screw part of 55 rotates to push food in the direction of 32).
PNG
media_image1.png
584
505
media_image1.png
Greyscale
PNG
media_image2.png
423
488
media_image2.png
Greyscale
Guan fails to explicitly teach wherein the screw does not rotate when the motor provides rotational force in a second direction opposite to the first direction.
Wang teaches wherein the screw does not rotate when the motor provides rotational force in a second direction opposite to the first direction (Wang; by way of a one-way bearing, the outer ring of the one-way bearing fixed relative to feed cylinder 4; locking so that the feed screw 4 cannot reverse).
PNG
media_image3.png
324
489
media_image3.png
Greyscale
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 Guan such that it has a one-way bearing for the feeding screw such that the screw is only rotated in one direction, such as taught by Wang. The motivation for doing so would be to prevent the screw from unintentionally being reversed and for the food to be pushed away from the exit opening.
In regards to claim 2, Guan as modified by Wang teach the feeding device of claim 1, wherein the transfer portion further comprises a bearing which is inserted into the hub, and into which the screw is inserted, wherein the bearing transmits rotational force of the shaft in a first direction to the hub, and does not transmit rotational force of the shaft in a second direction to the hub (Wang; see FIG 2 with the bearing being a one-way bearing 4, the screw inserted into the ring of the one-way bearing to prevent rotational force in the second direction).
Claim(s) 3-4, 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over (CN 217694814 U) to Guan as modified by (CN 109911651 A) to Wang as applied to claim 1 above in further view of (CN 216533180 U) to Zhao.
In regards to claim 3, Guan as modified by Wang teaches the feeding device of claim 1, further comprising: a first gear into which the shaft is inserted and fixed (Guan; 54 being the first gear); and a composite gear which is fixed to a rotational shaft of the motor, and engaged with the first gear (Guan; composite gear being below 54 and connected to the shaft of 53, see FIG 6), wherein the composite gear comprises: a first part gear which is engaged with the first gear; (Guan; a first part of the gear being the teeth on the exterior of the gear connected to 54).
Guan fails to teach a second part gear which is adjacent to the first part gear.
Zhao teaches a composite gear with a first part gear engaged with the first gear (Zhao; 504 having two gears, the one connected to 503 being the first gear and the one connected to the upper end of 505 being the first part gear) and a second part gear which is adjacent to the first part gear (Zhao; the gear of 506 which is at the bottom of 505 being the second part gear adjacent to the first part gear via 505).
PNG
media_image4.png
461
571
media_image4.png
Greyscale
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 Guan as modified by Wang such that its composite gear has two adjacent gears and the mechanism such that it is connected to different components serviced by the motor as taught by Zhao. The motivation for doing so would be to provide the device with the ability to use the same motor for more than one purpose.
In regards to claim 4, Guan as modified by Wang and Zhao teach the feeding device of claim 3, further comprising: a second gear which is engaged with the second part gear (Zhao; second gear being the gear of 506 which is connected to 507 and connected to the lower gear of 506 of 505), wherein the second part gear and the second gear are a bevel gear (Zhao; see FIG 4 where the two gears of 506 are bevel gears).
In regards to claim 6, Guan as modified by Zhao teach the feeding device of claim 1, further comprising: a tower housing in which the transfer housing is embedded (Guan; tower housing of 1, see FIG 2); and a container, in the tower housing, and which is positioned above the transfer housing (Guan; the container being 2), wherein the transfer housing comprises: a front opening formed on a side surface thereof (Guan; front opening being at 32); and an upper opening which is positioned below the container, and communicates the inside of the transfer housing and an outside of the transfer housing (Guan; upper opening above 55 at 512 which communicates with 2), wherein the container is aligned with the upper opening of the transfer housing (Guan; see FIG 2 where the container 2 is aligned with the upper opening at 512 of 51, 52).
Guan fails to teach a feeding head which is adjacent to the opening of the transfer housing, and disposed in the opening of the tower housing; a front opening communicating the feeding head and an inside of the transfer housing.
Zhao teaches a feeding head which is adjacent to the opening of the transfer housing (Zhao; feeding head being 9 adjacent to the opening of the tower housing, see the opening through which 9 extends), and disposed in the opening of the tower housing (Zhao; 9 being disposed in the opening of the tower housing, see FIG 4); a front opening communicating the feeding head and an inside of the transfer housing (Zhao; opening below 502 being the front opening which communicates the interior of the transfer housing housing 502 and 9).
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 Guan as modified by Wang such that the device has a feeding head that moves within the opening and communicates with the transfer housing such as taught by Zhao. The motivation for doing so would be to automate the ability to serve the pet food.
In regards to claim 7, Guan as modified by Wang and Zhao teach the feeding device of claim 6, wherein, when the motor provides rotational force in the first direction, the transfer portion moves a substance flowing into the upper opening of the transfer housing to the front opening of the transfer housing (Guan; see FIG 2 where when 55 rotates, food is pushed towards 32).
Allowable Subject Matter
Claims 5, 9-10 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 20190335798 A1 to Morin teaches a feeder with geared motors and a spiral screw transfer portion, a feeder head, and container.
WO 2019063644 A1 to Guengant teaches a rotational drive means utilizing a clutch which prevents rotation in two directions.
US 20120269028 A1 to Gordon teaches the screw element being attached to a roller clutch which controls engagement between a shaft and wheel mounted thereon so that the screw can only rotate in one direction, and that rotation in a second direction is prevented when the shaft of the motor rotates in a second direction.
US 20050217591 A1 to Turner teaches a feeder with a motor driven transfer portion and a moving feeder portion.
US 4508061 A to Swearingin teaches a clutch to ensure uni-directional rotation of the gear connected to the screw element, as well as an embodiment which includes bevel gears where the rotational shafts are perpendicular to each other.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/KATELYN T TRUONG/Primary Examiner, Art Unit 3647