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 .
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 5, 8, 12-18 and 20 are 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.
Claims 5, 12 and 20 are rejected under 112(b) for lack of clarity in regards to the limitation “said filter tray has a depending guide spacer for reducing sliding friction of the tray in said track.” It is unclear what Applicant means by a “depending” guide spacer, and there is no further explanatory detail in the specification or drawings. Claims 13-18 are rejected by virtue of their dependency. Clarification and correction are required but no new matter may be added.
Claims 8 and 15 are rejected under 112(b) for lack of clarity in regards to the limitation “has a standard front panel for covering said access opening.” It is unclear what constitutes a “standard” front panel, and there is no further explanatory detail in the specification or drawings. Clarification and correction are required but no new matter may be added.
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, 4, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A) and Ouellette (US 5038721 A).
Regarding claim 1, Scanlan discloses an apparatus for collecting pet urine, comprising:
a frame (9) including a plurality of vertical sidewalls defining an internal cavity (see figs 1a-2a);
a porous mesh frame (grid 11, see fig 2a) configured for accommodation at an upper end of said internal cavity;
a drip tray (support member 13, see fig 2a) fixed to said frame and disposed below said porous mesh frame (11),
said drip tray being inclined (downward slope of drainage tray, see fig 2a) and oriented to define a drainage slot (drainage slot 17, see fig 2a); and
a filter tray (drawer 8, see fig 2a) slidably disposed in said frame and located below said drainage slot for receiving pet urine passing through said drainage slot (see fig 2a).
Scanlan fails to teach an adsorbent pad disposed upon an upper surface of said mesh frame; and the drip tray being a pair of drip trays and being inclined towards each other and oriented to define a drainage slot along a common opposed edge, and the filter tray slidably disposed in said frame and located below said drainage slot for receiving pet urine passing through said drainage slot, along a length of said filter tray.
Ouellette teaches an adsorbent pad (3 with absorbent core 103) disposed upon an upper surface of said mesh frame (2, see fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the top pad of Scanlan with the absorbent member of Ouellette with a reasonable expectation of success as this will slow drainage downward throughout the system, ensuring the bottom drainage and filter tray do not overflow due to rapid fluid transfer, and prevent the animal from damaging the filter, such as through digging.
Young teaches a pair of drip trays (34, 36) fixed to said frame and disposed below said porous mesh frame (20), said drip trays (34 and 36) being inclined towards each other and oriented to define a drainage slot (38) along common opposed edge (se fig 1); and a filter tray (68) slidably disposed in said frame and located below said drainage slot (38) for receiving pet urine passing through said drainage slot, along a length of said filter tray.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the drip tray to be a pair of inclined drip trays with a long slot as taught by Young with a reasonable expectation of success as this will provide greater drainage surface area, such that the filter tray is evenly filled, thereby prolonging the lifespan of the filter drainage tray.
Regarding claim 4, the modified reference teaches the apparatus of claim 1, and Scanlan further discloses wherein said sidewalls of said frame include a front wall defining an opening dimensioned to slidingly accommodate said filter tray (see figs 1a, 2a and 3a).
Regarding claim 19, the modified reference teaches the apparatus of claim 1, and Young further teaches said slot (38) extending a full length of each said drip tray (see fig 1).
Claim(s) 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A) and Ouellette (US 5038721 A) as applied to claim 1 above, and further in view of Soo (KR-20200043694-A).
Regarding claim 2, the modified reference teaches the apparatus of claim 1.
The modified reference fails to teach wherein said adsorbent pad is impregnated with at least one bio-enzymatic odor reducer.
Soo teaches wherein said adsorbent pad is impregnated with at least one bio-enzymatic odor reducer (bio-mat with microbial complex 120 for odor reduction, see abstract and pages 5-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the absorbent pad with the bio-enzymatic odor reducer of Soo with a reasonable expectation of success as this will ensure the pad remains odorless to provide a better experience for the animal and its owner.
Regarding claim 3, the modified reference teaches the apparatus of claim 1, and Soo further teaches wherein said at least one bio-enzymatic odor reducer is taken from the group consisting of B. amyloliquefaciens, B. licheniformis, B. subtilis and B. pumilus (bio-mat microbial complex 120 includes Bacillus pumilus, Bacillus subtilis or Bacillus, Bacillus licheniformis, see pages 5-7).
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A) and Ouellette (US 5038721 A) as applied to claim 1 above, and further in view of Schacherbauer (US-6109212-A).
Regarding claim 5, the modified reference teaches the apparatus of claim 1, and Scanlan further discloses further including a track (track for tray 21, see fig 2a) on said frame for enhancing reciprocal sliding action of said filter tray.
The modified reference fails to teach said filter tray has a depending guide spacer for reducing sliding friction of the tray in said rack.
Schacherbauer teaches said filter tray has a depending guide spacer for reducing sliding friction of the tray in said rack (bracket 42 in tray, see fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified with a reasonable expectation of success as this will provide an easier and more efficient experience for the user when the tray must be removed for cleaning or maintenance.
Claim(s) 6 is rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A) and Ouellette (US 5038721 A) as applied to claim 1 above, and further in view of Takagi (US-9402367-B2).
Regarding claim 6, the modified reference teaches the apparatus of claim 1, and Scanlan further teaches further including an absorbent pad positioned in said filter tray (absorbent pad 21, see figs 1a and 2a).
The modified reference fails to teach an absorbent sock in said filter tray.
Takagi teaches an absorbent sock (fluff 131, 130 within sock sleeve made of 110 and 120, see col 5, lines 51-57, and col 6, lines 35-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the absorbent pad to be a sock as taught by Takagi with a reasonable expectation of success as having an inner composition with a sock or sleeve like sheet surrounding it allows for multiple types of absorptive material, thereby increasing absorption capacity and longevity.
The modified reference teaches the claimed invention except wherein the sock is tubular. It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the sock to be tubular with a reasonable expectation of success as this shape will provide adequate area for absorption, while being more compact than a traditional rectangular pas and therefore easier to remove for cleaning.
Claim(s) 7 is rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A), Ouellette (US 5038721 A) and Takagi (US-9402367-B2) as applied to claim 6 above, and further in view of Millar (US-8960127-B2).
Regarding claim 7, the modified reference teaches the apparatus of claim 6, and Scanlan further discloses wherein the absorbent pad is encased within a water permeable bag (nonwoven porous fabric envelope 25 for encapsulating material 26, see col 4, lines 16-32).
The modified reference fails to teach wherein said absorbent tubular sock is made of recycled diaper fluff and is encased within a water permeable bag and has a grip tab extending therefrom.
Takagi teaches wherein said absorbent sock is made of recycled diaper fluff (absorber 130 made of recycled fluff, see col 5, lines 51-57, and col 6, lines 35-41, and col 11, lines 30-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the system with the absorbent material being recycled fluff as taught by Takagi with a reasonable expectation of success as this will provide a more environmentally friendly and economical system, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Millar teaches the bag having a grip tab extending therefrom (grip tab 28 on pad, see fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the absorbent pad with the grip tab of Millar with a reasonable expectation of success as this will provide an easier and more efficient removal system for the user.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A) and Ouellette (US 5038721 A) as applied to claim 1 above, and further in view of MacLean (US-6941703-B2).
Regarding claim 9, the modified reference teaches the apparatus of claim 1.
The modified reference fails to teach wherein said filter tray is made of stainless steel.
MacLean teaches wherein said filter tray is made of stainless steel (drain pan/filter tray 14 is made of stainless steel, see fig 2 and col 6, lines 15-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the filter tray to be made of stainless steel as taught by MacLean with a reasonable expectation of success as this will provide a non-porous material that is therefore less prone to mold or bacteria buildup, and also providing a material that is dishwasher safe (see MacLean col 6, lines 19-23), and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A) and Ouellette (US 5038721 A) as applied to claim 1 above, and further in view of King (US-10561263-B2).
Regarding claim 10, the modified reference teaches the apparatus of claim 1.
The modified reference fails to teach wherein said frame includes a plurality of elongate, rigid frame members connected at free ends to corner members, said corner members having formed recesses configured for accommodating said free ends.
King teaches wherein said frame includes a plurality of elongate, rigid frame members (88) connected at free ends to corner members (86), said corner members having formed recesses configured for accommodating said free ends (elongate rigid frame members 88 connected to corner members 86 via recesses in 86, see figs 8-11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the frame with the modular connection of King with a reasonable expectation of success as this will allow for easy assembly and disassembly as needed for cleaning or transportation.
The modified reference teaches the claimed invention except wherein said frame members having an “X” shaped-cross section configured for accommodating clips disposed at upper ends of said drip trays. It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the frame members with an X-shaped cross section for clips with a reasonable expectation of success as this will provide a more secure connection arrangement, to ensure the frame does not become loose or disconnected as animals enter and leave the pad, and since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Regarding claim 11, the modified reference teaches the apparatus of claim 10.
The modified reference fails to teach wherein each said corner member includes vertical slots dimensioned for slidably accommodating panels forming said sidewalls of said frame.
King teaches wherein each said corner member (86) includes vertical slots (112) dimensioned for slidably accommodating panels(84) forming said sidewalls of said frame (outer frame members 84, insert into slots 112 at corner 86, see figs 8-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the frame with the modular connection of King with a reasonable expectation of success as this will allow for easy assembly and disassembly as needed for cleaning or transportation.
Claim(s) 12 is rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A), Ouellette (US 5038721 A), Soo (KR-20200043694-A), Takagi (US-9402367-B2), and Schacherbauer (US-6109212-A).
Regarding claim 12, Scanlan discloses an apparatus for collecting pet urine, comprising:
a frame (9) including a plurality of vertical sidewalls defining an internal cavity (see figs 1a-2a);
a porous mesh frame (grid 11, see fig 2a) configured for accommodation at an upper end of said internal cavity;
a drip tray (support member 13, see fig 2a) fixed to said frame and disposed below said porous mesh frame (11),
said drip tray being inclined (downward slope of drainage tray, see fig 2a)and oriented to define a drainage slot (drainage slot 17, see fig 2a); and
a filter tray (drawer 8, see fig 2a) slidably disposed in said frame and located below said drainage slot for receiving pet urine passing through said drainage slot (see fig 2a)
said sidewalls of said frame include a front wall defining an opening dimensioned to slidingly accommodate said filter tray (see figs 1a and 2a); and
an absorbent pad positioned in said filter tray (absorbent pad 21, see figs 1a and 2a).
Scanlan fails to disclose an adsorbent pad disposed upon an upper surface of said mesh frame; said adsorbent pad is impregnated with at least one bio-enzymatic odor reducer taken from the group consisting of B. amyloliquefaciens, B. licheniformis, B. subtilis and B. pumilus; the drip tray being a pair of drip trays, and being inclined towards each other and oriented to define a drainage slot along a common edge, and including an absorbent sock positioned in said filter tray, and said filter tray has a depending guide spacer for reducing sliding friction of the tray in said track;
Ouellette teaches an adsorbent pad (3 with absorbent core 103) disposed upon an upper surface of said mesh frame (2, see fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the top pad of Scanlan with the absorbent member of Ouellette with a reasonable expectation of success as this will slow drainage downward throughout the system, ensuring the bottom drainage and filter tray do not overflow due to rapid fluid transfer, and prevent the animal from damaging the filter, such as through digging.
Young teaches a pair of drip trays (34, 36) fixed to said frame and disposed below said porous mesh frame (20), said drip trays (34 and 36) being inclined towards each other and oriented to define a drainage slot (38) along common opposed edge (se fig 1); and a filter tray (68) slidably disposed in said frame and located below said drainage slot (38) for receiving pet urine passing through said drainage slot, along a length of said filter tray.
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the drip tray to be a pair of inclined drip trays with a long slot as taught by Young with a reasonable expectation of success as this will provide greater drainage surface area, such that the filter tray is evenly filled, thereby prolonging the lifespan of the filter drainage tray.
Soo teaches said adsorbent pad is impregnated with at least one bio-enzymatic odor reducer taken from the group consisting of B. amyloliquefaciens, B. licheniformis, B. subtilis and B. pumilus (bio-mat microbial complex 120 includes Bacillus pumilus, Bacillus subtilis or Bacillus, Bacillus licheniformis, see pages 5-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the absorbent pad with the bio-enzymatic odor reducer of Soo with a reasonable expectation of success as this will ensure the pad remains odorless to provide a better experience for the animal and its owner.
Takagi teaches an absorbent sock (fluff 131, 130 within sock sleeve made of 110 and 120, see col 5, lines 51-57, and col 6, lines 35-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the absorbent pad to be a sock as taught by Takagi with a reasonable expectation of success as having an inner composition with a sock or sleeve like sheet surrounding it allows for multiple types of absorptive material, thereby increasing absorption capacity and longevity.
Schacherbauer teaches said filter tray has a depending guide spacer for reducing sliding friction of the tray in said rack (bracket 42 in tray, see fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified with a reasonable expectation of success as this will provide an easier and more efficient experience for the user when the tray must be removed for cleaning or maintenance.
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A), Ouellette (US 5038721 A), Soo (KR-20200043694-A), Takagi (US-9402367-B2), and Schacherbauer (US-6109212-A), as applied to claim 12 above, and further in view of Julius (US-3119643-A).
Regarding claim 13, the modified reference teaches the apparatus of claim 12, and Scanlan further discloses including a track (track for tray 21, see fig 2a) on said frame for enhancing reciprocal sliding action of said filter tray.
The modified reference fails to teach the tray having linearly spaced rollers for reducing friction of said sliding filter tray relative to said frame.
Julius, in the analogous art of sliding tracks, teaches and having linearly spaced rollers for reducing friction of said sliding filter tray relative to said frame (rollers 66 in drawer, see fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the track with the linearly spaced rollers of Julius a reasonable expectation of success as this will result in the tray sliding out more easily, providing an improved experience for the user when the tray is opened.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A), Ouellette (US 5038721 A), Soo (KR-20200043694-A), Takagi (US-9402367-B2), and Schacherbauer (US-6109212-A), as applied to claim 12 above, and further in view of Millar (US-8960127-B2).
Regarding claim 14, the modified reference teaches the apparatus of claim 12, and Scanlan further discloses wherein the absorbent pad is encased within a water permeable bag (nonwoven porous fabric envelope 25 for encapsulating material 26, see col 4, lines 16-32).
The modified reference fails to teach wherein said absorbent tubular sock is made of recycled diaper fluff and is encased within a water permeable bag and has a grip tab extending therefrom.
Takagi teaches wherein said absorbent sock is made of recycled diaper fluff (absorber 130 made of recycled fluff, see col 5, lines 51-57, and col 6, lines 35-41, and col 11, lines 30-31).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the system with the absorbent material being recycled fluff as taught by Takagi with a reasonable expectation of success as this will provide a more environmentally friendly and economical system, and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Millar teaches the bag having a grip tab extending therefrom (grip tab 28 on pad, see fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the absorbent pad with the grip tab of Millar with a reasonable expectation of success as this will provide an easier and more efficient removal system for the user.
Claim(s) 16 is rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A), Ouellette (US 5038721 A), Soo (KR-20200043694-A) and Takagi (US-9402367-B2) as applied to claim 12 above, and further in view of MacLean (US-6941703-B2).
Regarding claim 16, the modified reference teaches the apparatus of claim 12.
The modified reference fails to teach wherein said filter tray is made of stainless steel.
MacLean teaches wherein said filter tray is made of stainless steel (drain pan/filter tray 14 is made of stainless steel, see fig 2 and col 6, lines 15-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the filter tray to be made of stainless steel as taught by MacLean with a reasonable expectation of success as this will provide a non-porous material that is therefore less prone to mold or bacteria buildup, and also providing a material that is dishwasher safe (see MacLean col 6, lines 19-23), and since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Claim(s) 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A), Ouellette (US 5038721 A), Soo (KR-20200043694-A) and Takagi (US-9402367-B2) as applied to claim 12 above, and further in view of King (US-10561263-B2).
Regarding claim 17, the modified reference teaches the apparatus of claim 1.
The modified reference fails to teach wherein said frame includes a plurality of elongate, rigid frame members connected at free ends to corner members, said corner members having formed recesses configured for accommodating said free ends.
King teaches wherein said frame includes a plurality of elongate, rigid frame members (88) connected at free ends to corner members (86), said corner members having formed recesses configured for accommodating said free ends (elongate rigid frame members 88 connected to corner members 86 via recesses in 86, see figs 8-11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the frame with the modular connection of King with a reasonable expectation of success as this will allow for easy assembly and disassembly as needed for cleaning or transportation.
Regarding claim 18, the modified reference teaches the apparatus of claim 10.
The modified reference fails to teach wherein each said corner member includes vertical slots dimensioned for slidably accommodating panels forming said sidewalls of said frame.
King teaches wherein each said corner member (86) includes vertical slots (112) dimensioned for slidably accommodating panels(84) forming said sidewalls of said frame (outer frame members 84, insert into slots 112 at corner 86, see figs 8-12).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the frame with the modular connection of King with a reasonable expectation of success as this will allow for easy assembly and disassembly as needed for cleaning or transportation.
Claim(s) 20 is rejected under 35 U.S.C. 103 as being unpatentable over Scanlan (US-9737045-B1) in view of Young (US-4838204-A), Ouellette (US 5038721 A), Soo (KR-20200043694-A), Takagi (US-9402367-B2) and Schacherbauer (US-6109212-A).
Regarding claim 20, Scanlan discloses an apparatus for collecting pet urine, comprising:
a frame (9) including a plurality of vertical sidewalls defining an internal cavity (see figs 1a-2a);
a porous mesh frame (grid 11, see fig 2a) configured for accommodation at an upper end of said internal cavity;
a drip tray (support member 13, see fig 2a) fixed to said frame and disposed below said porous mesh frame (11),
said drip tray being inclined (downward slope of drainage tray, see fig 2a) and oriented to define a drainage slot (drainage slot 17, see fig 2a); and
a filter tray (drawer 8, see fig 2a) slidably disposed in said frame and located below said drainage slot for receiving pet urine passing through said drainage slot (see fig 2a),
said sidewalls of said frame include a front wall defining an opening dimensioned to slidingly accommodate said filter tray (see figs 1a, 2a and 3a),
including an absorbent pad positioned in said filter tray (21).
Scanlan fails to teach an adsorbent pad disposed upon an upper surface of said mesh frame; said adsorbent pad is impregnated with at least one bio-enzymatic odor reducer taken from the group consisting of B. amyloliquefaciens, B. licheniformis, B. subtilis and B. pumilus; and the drip tray being a pair of drip trays and being inclined towards each other and oriented to define a drainage slot along a common opposed edge, and the filter tray slot extending a full length of the cavity, said filter tray has a depending guide spacer for reducing sliding friction of the tray in said track; said frame includes a plurality of elongate, rigid frame members connected at free ends to corner members, said corner members having formed recesses configured for accommodating said free ends, and said frame members having an "X"-shaped cross- section configured for accommodating clips disposed at upper ends of said drip trays; and the absorbent pad in the filter tray being a sock.
Ouellette teaches an adsorbent pad (3 with absorbent core 103) disposed upon an upper surface of said mesh frame (2, see fig 2).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the top pad of Scanlan with the absorbent member of Ouellette with a reasonable expectation of success as this will slow drainage downward throughout the system, ensuring the bottom drainage and filter tray do not overflow due to rapid fluid transfer, and prevent the animal from damaging the filter, such as through digging.
Soo teaches wherein said adsorbent pad is impregnated with at least one bio-enzymatic odor reducer (bio-mat with microbial complex 120 for odor reduction, see abstract and pages 5-7), taken from the group consisting of B. amyloliquefaciens, B. licheniformis, B. subtilis and B. pumilus (bio-mat microbial complex 120 includes Bacillus pumilus, Bacillus subtilis or Bacillus, Bacillus licheniformis, see pages 5-7).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the absorbent pad with the bio-enzymatic odor reducer of Soo with a reasonable expectation of success as this will ensure the pad remains odorless to provide a better experience for the animal and its owner.
Young teaches a pair of drip trays (34, 36) fixed to said frame and disposed below said porous mesh frame (20), said drip trays (34 and 36) being inclined towards each other and oriented to define a drainage slot (38) along common edge (see fig 1), said slot (38) extending a full length of the cavity (see fig 1); a filter tray (68) slidably disposed in said frame and located below said drainage slot (38) for receiving pet urine passing through said drainage slot (see fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the drip tray to be a pair of inclined drip trays with a long slot as taught by Young with a reasonable expectation of success as this will provide greater drainage surface area, such that the filter tray is evenly filled, thereby prolonging the lifespan of the filter drainage tray.
Schacherbauer teaches said filter tray has a depending guide spacer for reducing sliding friction of the tray in said rack (bracket 42 in tray, see fig 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified with a reasonable expectation of success as this will provide an easier and more efficient experience for the user when the tray must be removed for cleaning or maintenance.
King teaches wherein said frame includes a plurality of elongate, rigid frame members (88) connected at free ends to corner members (86), said corner members having formed recesses configured for accommodating said free ends (elongate rigid frame members 88 connected to corner members 86 via recesses in 86, see figs 8-11).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the frame with the modular connection of King with a reasonable expectation of success as this will allow for easy assembly and disassembly as needed for cleaning or transportation.
The modified reference teaches the claimed invention except wherein said frame members having an “X” shaped-cross section configured for accommodating clips disposed at upper ends of said drip trays. It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the frame members with an X-shaped cross section for clips with a reasonable expectation of success as this will provide a more secure connection arrangement, to ensure the frame does not become loose or disconnected as animals enter and leave the pad, and since there is no invention in merely changing the shape or form of an article without changing its function except in a design patent. Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Takagi teaches an absorbent sock (fluff 131, 130 within sock sleeve made of 110 and 120, see col 5, lines 51-57, and col 6, lines 35-41).
It would have been obvious to one of ordinary skill in the art before the effective filing date of
the claimed invention to have modified the absorbent pad to be a sock as taught by Takagi with a reasonable expectation of success as having an inner composition with a sock or sleeve like sheet surrounding it allows for multiple types of absorptive material, thereby increasing absorption capacity and longevity.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-18 have been considered but are moot because the new ground of rejection does not rely on the same combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Specifically, Applicant’s arguments regarding the combination of Scanlan and Shams are no longer relevant as Shams is no longer relied upon.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE ANNE KLOECKER whose telephone number is (571)272-5103. The examiner can normally be reached M-Th: 8:00 -5:30 MST, F: 8:00 - 12:00 MST.
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, Joshua Huson can be reached at (571) 270-5301. 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.
/K.A.K./Examiner, Art Unit 3642
/MAGDALENA TOPOLSKI/Primary Examiner, Art Unit 3642
