DETAILED ACTION
This is the Final Office Action for application number 18/011,467 - BATHROOM TEMPERATURE SENSOR, filed on 3/23/23. Claims 1, 4, 8, 13-14, 16-19, 21, 24-26, 43-44 and 53-57 are pending. Claims 2-3, 5-7. 9-12, 15, 20, 22-23, 27-42 and 45-52 have been canceled. This Final Office Action is in response to applicant’s reply dated 12/2/25. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant's amendment necessitated any new ground(s) of rejection presented in this Office action.
Election/Restrictions
Newly submitted claims 53-57 directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: drawn to first and second temperature sensors with a computing device configured to calibrate data received from the first temperature sensor based on the ambient temperature. The newly claimed embodiment and invention does not further make a contribution over the prior art with a special technical feature. The special technical feature of first and second temperature sensors with a controller that calibrates the first sensor based on ambient temperature data does make a contribution over the prior art to Matson (US Pub. 2013/0223472) which is drawn to temperature sensors and in which a second temperature sensor used to measure ambient temperature (¶ [0020]) for calibration.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 53-57 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
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, 8, 16, 17, 21, 43 and 44 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US Pub. 2018/0153414) in view of Prokopp (US Pub. 2018/0184906).
Regarding Claim 1 Hall shows a sensor system (Fig. 1), comprising: a fitting (at 110) mounted under a seat of a toilet (Fig. 1; on the bowl); a temperature sensor (110) to measure temperature of an excrement expelled by the user without contacting the user or the excrement (¶ [0022]; non-contact optical sensor), wherein the temperature sensor further comprises a lens (¶ [0022]; thermal imaging sensor, a medium wavelength infrared camera, a long wavelength infrared camera, or a visible light camera; cameras inherently have lens’ as do most sensors); a computing device in communication with the temperature sensor (122, 218; ¶ [0023; 0028]), the computing device configured to receive, store and transmit temperature data received from the temperature sensor(¶ [0022-0030]); wherein the fitting attaches to a toilette fixture (bowl; Fig. 1) to receive the temperature sensor.
Hall fails to show a detection/identification sensor to detect and/or identify the user. However, Prokopp shows an excreta analysis device with at least one sensor that generates data to detect and/or identify the user (¶ [0096]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hall to include at least one sensor that generates data to detect and/or identify the user for the purpose of keeping data on said user for determining changes in health as shown by Prokopp.
Regarding Claim 4 Hall shows the system of claim 1, wherein the temperature sensor comprises one of a one dimensional IR sensors or two dimensional IR sensors (thermal imaging sensors are conventionally IR sensors and two dimensional; medium wavelength infrared camera sensors are conventionally two dimensional and long wavelength infrared camera sensors are conventionally two dimensional).
Regarding Claim 8 Hall shows the system of claim 1, wherein the toilette fixture further comprises a toilet seat or a toilet rim (214 seat, shown on the toilet bowl rim at 110; Fig. 1) and wherein the temperature sensor is integrated with the toilet seat (Fig. 2; 210).
Regarding Claim 16 Hall shows the system of claim 1, but fails to show wherein the fitting further comprises a mounting bracket for mounting the sensor to the toilet seat or toilet rim. However, Prokopp shows a mounting bracket (3; ¶ [0131] for mounting the sensor to the toilet seat or toilet rim; Fig. 2). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hall to include a mounting bracket for mounting the sensor to the toilet seat or toilet rim.
Regarding Claim 17 Hall shows the system of claim 1,wherein the fitting affixes the system to the toilet seat or toilet rim in a fixed position directed toward body of a person sitting on the toilet seat (Fig. 1, rim is shown at 110).
Regarding Claims 21 and 43 Hall shows the system of claim 1, wherein the lens and the computing device are a part of an excreta analysis device that analyzes the user excrement (¶ [0022-0030] characteristics of i.e. temperature; Thermal patterns of previous and instant defecation events and of urination events may be compared to each other in order to distinguish a urination event from a defecation event; A body temperature of toilet user 102 may be determined by a heat signature or thermal gradient produced by feces 106 as read or detected by sensor 110 while falling from user 102 into toilet bowl water 118. A body temperature of user 103 may be obtained by an averaged or selectively averaged temperature signature or temperature gradient produced by surface area of feces 106. An area consistent temperature on the surface of the feces may be selected as useable temperature data and used to determine a body temperature of user 102. Alternatively, an instantaneous temperature reading of a portion of the feces 106 may be used to determine a body temperature of user 102.).
Regarding Claim 44 Hall show the system of claim 43, but fails to show wherein the excreta analysis device further comprises at least one sensor that generates data to detect and/or identify the user. However, Prokopp shows an excreta analysis device with at least one sensor that generates data to detect and/or identify the user (¶ [0005-0007]; claim 11). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hall to include at least one sensor that generates data to detect and/or identify the user for the purpose of keeping data on said user for determining changes in health as shown by Prokopp.
Claim(s) 13, 14, 18, 19 and 25 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US Pub. 2018/0153414) in view of Prokopp (US Pub. 2018/0184906) in view of Kashyap et al. (US Pub. 2018/0303466).
Regarding Claim 13 Hall shows the system of claim 1, but fails to show further comprising a disposable cover that fits over the temperature sensor. However, Kashyap shows a cover that fits over the sensor (¶ [0035-0036; lens Fig. 2C, coatings). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hall to include a cover that fits over the sensor for the purpose of keeping the sensor from becoming soiled or damaged as shown by Kashyap. Kashyap fails to specifically show the cover is disposable, however, all covers are disposable at the end of their lifespan and through routine experimentation it would have been obvious to one of ordinary skill in the art to dispose of the cover if the cover needs replacement when damaged.
Regarding Claim 14 Hall shows the system of claim 1, but fails to show further comprising an IR translucent cover. However, Kashyap shows an IR translucent cover (¶ [0035-0036; lens Fig. 2C, coatings). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hall to include a translucent cover for the purpose of keeping the sensor from becoming soiled or damaged as shown by Kashyap.
Regarding Claims 18 and 25 Hall shows the system of claim 1, and shows directing the sensor to a part of the user or to the feces where temperature measurement is desired (Fig. 1; ¶ [0022]) but fails to show wherein the toilet fixture further comprises components to rotate and/or telescope the temperature sensor. However, Kashyap shows components (803; Fig. 12b) to rotate and/or telescope the temperature sensor (¶ [0071]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hall to include components to rotate and/or telescope the temperature sensor for the purpose of adjusting the sensing field as needed for different users as shown by Kashyap.
Regarding Claim 19 Hall shows the system of claim 18, wherein the components (Fig. 1, 110; ¶ [0022]) direct the temperature sensor to the anus and/or perineum of the user.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US Pub. 2018/0153414) in view of Prokopp (US Pub. 2018/0184906) in view of Clements (US 9,756,297).
Regarding Claim 24 Hall shows the system of claim 1, but fails to further shows comprising a time-of-flight measurement component. However, Clements shows a time of flight measurement component (152; note, col. 9, line 14-19). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hall to include a time of flight measurement component for the purpose of measuring distance to the user as shown by Clements.
Claim(s) 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hall (US Pub. 2018/0153414) in view of Prokopp (US Pub. 2018/0184906) in view of Matson (US Pub. 2013/0223472).
Regarding Claim 26 Hall shows the system of claim 1, further comprising a second temperature sensor (222)but fails to show the second temperature sensor is used to measure ambient temperature. However, Matson shows using a second temperature sensor used to measure ambient temperature (¶ [0020]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Hall to include a second temperature sensor that measures the ambient temperature for the purpose of accurate calibration of the thermal sensing system in relation to the ambient temperature as shown by Matson.
Response to Arguments
Applicant's arguments filed 12/2/25 have been fully considered but they are not persuasive and have been addressed above in the body of this action.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yoshiike et al. (US 5,567,052) shows a temperature apparatus; Oguri (US Pub. 2018/0368818) shows the general state of the art.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached on Monday thru Thursday, 9:30 AM to 6PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID ANGWIN can be reached on 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 2/23/2026