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
Claims 1-10 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.
The limitation “detachably/foldably” in claims 1 and 2 renders the claims indefinite. It is unclear if the units are detachably connected to each other, foldably connected to each other, or both.
Claim 10 recites the limitation "the cat litter bin" in lines 3-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation "the entrance" in line 4. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by McClain US 2020/0359593.
Regarding claim 1, McClain discloses a ramp of a cat litter box, comprising: a base (110); and a mesh sheet (120); wherein the mesh sheet and the base are detachable from each other, and the base is configured to be disposed at an entrance of a cat litter bin of the cat litter box (the base of McClain is capable of this functional limitation); wherein the base defines a collecting cavity (McClain, Figure 10), the mesh sheet is disposed above the collecting cavity (McClain, Figure 10), the base comprises at least two base units (McClain, Figure 10), and the at least two base units are detachably/foldably connected to form the base (McClain, Figure 9); wherein the mesh sheet comprises at least two unit sheets, and the at least two unit sheets are detachably/foldably connected to form the mesh sheet (McClain, ¶0049).
Regarding claim 2, McClain further discloses the at least two base units comprise a first base unit and a second base unit, and the first base unit is detachably/ connected to the second base unit (McClain, Figures 9 and 10).
Regarding claim 3, McClain further discloses the first base unit comprising a first side wall, the first side wall of the first base unit facing the second base unit, and the first side wall of the first base unit defines snapping grooves; wherein the second base unit comprises a second side wall, the second side wall of the second base unit facing the first base unit, and snapping fasteners are disposed on the second side wall of the second base unit; wherein the first side wall of the first base unit faces the second side wall of the second base unit, and the snapping fasteners are respectively snapped in the snapping grooves (McClain, ¶0006).
Regarding claim 6, McClain further discloses the collecting cavity defining a collecting port, the collecting port comprises a stepped mounting platform, and the mesh sheet is placed on the stepped mounting platform, so that the mesh sheet is disposed above the collecting cavity (McClain, ¶0049).
Regarding claim 7, McClain further discloses the at least two unit sheets comprise a first unit sheet and a second unit sheet, and the first unit sheet being foldably connected to the second unit sheet (via their connection with the basin 110) (McClain, ¶0047).
Claim(s) 1, 2 and 7 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Otsuji et al US 2001/0009142.
Regarding claim 1, Otsuji discloses a ramp of a cat litter box, comprising: a base (2); and a mesh sheet (3); wherein the mesh sheet and the base are detachable from each other (Otsuji, Figure 1), and the base is configured to be disposed at an entrance of a cat litter bin of the cat litter box (the base of Otsuji is capable of this functional limitation); wherein the base defines a collecting cavity (Otsuji, Figure 1), the mesh sheet being disposed above the collecting cavity (Otsuji, Figure 4), the base comprises at least two base units (Otsuji, Figure 7), and the at least two base units are detachably/foldably connected (24) to form the base; wherein the mesh sheet comprises at least two unit sheets, and the at least two unit sheets are detachably/foldably connected (24) to form the mesh sheet (Otsuji, Figure 7).
Regarding claim 2, Otsuji further discloses the at least two base units comprise a first base unit and a second base unit (Otsuji, Figure 7), and the first base unit is detachably/ connected to the second base unit (at 24).
Regarding claim 7, Otsuji further discloses the at least two unit sheets comprise a first unit sheet and a second unit sheet, and the first unit sheet being foldably connected (24) to the second unit sheet (via their connection with the basin).
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) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Flynn US 5,816,195 in view of McClain US 2020/0359593.
Regarding claim 10, Flynn teaches a cat litter bin (12) having a ramp (10) disposed at an entrance to the bin but fails to disclose the ramp of claim 1. McClain discloses the ramp of claim 1, as discussed above. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to substitute the ramp of McClain for the ramp of Flynn as to provide an easily portable and compact ramp for the cat litter bin.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Flynn US 5,816,195 in view of Otsuji et al US 2001/0009142.
Regarding claim 10, Flynn teaches a cat litter bin (12) having a ramp (10) disposed at an entrance to the bin but fails to disclose the ramp of claim 1. Otsuji discloses the ramp of claim 1 as discussed above. It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention with a reasonable expectation of success to substitute the ramp of Otsuji for the ramp of Flynn as to provide an easily portable and compact ramp for the cat litter bin.
Allowable Subject Matter
Claims 4, 5, and 8-9 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The prior art fails to disclose either alone or in combination positioning blocks or a sub cavity, as claimed.
The sheets of Otsuji et al US 2001/0009142 are connected via their relationship to their respective bases and do not require additional connectors disposed on the sheets.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Emmi US 7,673,585 discloses a ramp connected to a litter box.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KRISTEN C HAYES whose telephone number is (571)272-7881. The examiner can normally be reached M-F 8am-6pm.
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/KRISTEN C HAYES/Primary Examiner, Art Unit 3642
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