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 .
Status of Claims
Claims 1-20 are currently pending. Claims 1, 3, 11, 13, and 20 are currently amended. No new subject matter is added.
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 9 and 19 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.
Claim 9 and 19 recites the limitation "said board" in line 7 of the claims. There is no mention of a board in claims 1 and 11, from which claims 9 and 19 depend. It is unclear what board applicant is referring to. Therefore, there is insufficient antecedent basis for this limitation in the claim. For examination purposes, the claim will be interpreted as “is held below said receiver opening”.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Foda (US 20210070488 A1) in view of Hubbard (US 5454389 A).
Regarding Claim 1, Foda teaches an ostomy pouch emptying system (see Figure Abstract; Figure 1 and 10-11) comprising:
an ostomy emptying device (device 101) for receiving effluent from an ostomy pouch (for drainage of contents of an ostomy pouch (not shown), see Paragraph [0108]);
said ostomy emptying device comprising a receiver opening (device 101 comprise a body 21 that is generally funnel-shaped configured to engage an upper end of the body defining a body inlet, see Paragraph [0108]), said receiver opening
configured to receive the effluent from said ostomy pouch (body 21 is coupled to a tubular, angled chute for drainage of contents of an ostomy pouch (not shown), see Paragraph [0108]); and
a receptacle for receiving said effluent from said ostomy pouch in proximity with said ostomy emptying device (drainage of contents of an ostomy pouch into a receptacle or waste disposer, see Paragraph [0108]).
However, Foda does not explicitly disclose at least one fastener affixed to an outer surface of said ostomy emptying device, said at least one fastener configured to receive a strap such that said ostomy emptying device can be worn about a user's neck.
Hubbard teaches an ostomy bag cleaning device (ostomy cleaning device 10) comprising: at least one fastener affixed to an outer surface of said ostomy emptying device (see below), said at least one fastener configured to receive a strap (strap member 52) such that said ostomy emptying device can be worn about a user's neck (strap 52 around a user’s
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neck, see Figure 2).
Foda and Hubbard are analogous art because both teach an ostomy emptying device.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the adjustment shaft of the ostomy emptying device of Foda and replace it with the at least one fastener configured to receive a strap such that said ostomy emptying device can be worn about a user's neck, as taught by Hubbard. Hubbard teaches the strap member allows one to stand while performing the cleaning procedure. By providing the ability to stand while cleaning the ostomy bag, the time required to perform such cleaning can be reduced, as it is usually recommended that one move about in order to inhibit loosening of waste within the intestinal tract of the patient. This also allows one to cleanse an ostomy bag without sitting on an unsanitary toilet found in many public rest rooms (see Col. 4 ln 45-52).
Regarding Claim 2, Foda and Hubbard teaches all of the limitations as discussed above in claim 1 and Foda further teaches said ostomy emptying device comprising a top portion (see below), a central tube (see below), and a bottom portion (see below); said top portion having a proximal end and a distal end (see below); said central tube having a proximal end and a distal end (see below); said bottom portion having a proximal end and a distal end (see below); wherein said receiver opening is within said proximal end of said top portion (see below); wherein said distal end of said top portion is connected to said proximal end of said central tube (see below); wherein said distal end of said central tube is connected to a proximal end of said bottom portion (see below); and wherein said bottom portion proximal end with disposal opening is engaged with said receptacle (a lower end outlet 27 configured to direct the contents of the ostomy pouch out of the chute and into a receptacle while the pouch is
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attached to the patient, see Paragraph [0112]).
Regarding Claim 11, Foda teaches a method of emptying an ostomy pouch (see Figure Abstract; Figure 1 and 10-11), the method comprising the steps:
providing an ostomy emptying device (device 101) comprising a receiver opening (device 101 comprise a body 21 that is generally funnel-shaped configured to engage an upper end of the body defining a body inlet, see Paragraph [0108]);
emptying effluence from an ostomy pouch into said receiver opening (body 21 is coupled to a tubular, angled chute for drainage of contents of an ostomy pouch (not shown), see Paragraph [0108]); and
receiving said effluence within a receptacle beneath said receiver opening (drainage of contents of an ostomy pouch into a receptacle or waste disposer, see Paragraph [0108]).
However, Foda does not explicitly disclose providing at least one fastener affixed to an exterior surface of said ostomy emptying device; connecting a strap to said at least one fastener, said strap configured to be worn about a user's neck.
Hubbard teaches an ostomy bag cleaning device (ostomy cleaning device 10) comprising: at least one fastener affixed to an exterior surface of said ostomy emptying device (see above), connecting a strap to said at least one fastener (strap member 52), said strap configured to be worn about a user's neck (strap 52 around a user’s neck, see Figure 2).
Foda and Hubbard are analogous art because both teach an ostomy emptying device.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the adjustment shaft of the ostomy emptying device of Foda and replace it with the at least one fastener configured to receive a strap such that said ostomy emptying device can be worn about a user's neck, as taught by Hubbard. Hubbard teaches the strap member allows one to stand while performing the cleaning procedure. By providing the ability to stand while cleaning the ostomy bag, the time required to perform such cleaning can be reduced, as it is usually recommended that one move about in order to inhibit loosening of waste within the intestinal tract of the patient. This also allows one to cleanse an ostomy bag without sitting on an unsanitary toilet found in many public rest rooms (see Col. 4 ln 45-52).
Regarding Claim 12, Foda and Hubbard teaches all of the limitations as discussed above in claim 11 and Foda further teaches comprising the steps: providing a top portion (21, see above), a central tube (see above), and a bottom portion of said ostomy emptying device (bottom portion 27); connecting a distal end of said top portion to said a proximal end of said central tube (see above); and connecting a distal end of said central tube to a proximal end of said bottom portion (see above).
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Foda and Hubbard, as applied to claims 1 and 11, and in further view of Scalise et al. (US 20210022911 A1), hereinafter referred to as “Scalise”.
Regarding Claim 3, Foda and Hubbard teaches all of the limitations as discussed above in claim 1. However, Foda and Hubbard do not explicitly disclose said top portion distal end is threadedly connected to said proximal end of said central tube such that said top portion and said central tube are selectively separable; and said distal end of said central tube is threadedly connected to said bottom portion proximal end such that said central tube and said bottom portion are selectively separable.
Scalise teaches an ostomy collection and drainage system includes an ostomy pouch (10, see Figure 1) comprising: a top portion distal end (40) is threadedly connected (the catch and the latch may be engaged in a rotational direction in an interference fit and form a mechanical interlock to restrict movement in an axial direction of the adapter relative to the outlet body, see Paragraph [0014]) to a proximal end of a central tube (to adapter 60 of tube 80) such that said top portion and said central tube are selectively separable (see Figure 1).
Foda, Hubbard, and Scalise are analogous art because all teach an ostomy drainage device.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the tip portion distal end of modified Foda and further include wherein it is threadedly connected to the central tube to be selectively separable, as taught by Scalise. Scalise teaches the selectively separable tube allows for drainage port is operable between a closed condition and an open condition. In the closed condition, the drainage port is configured to substantially seal the lower end of the drainable ostomy pouch so that bodily waste may be securely collected and stored in the collection area. In the open condition, the bodily waste may flow from the collection area through the opening to be drained from the ostomy pouch (see Paragraph [0003]).
Foda, Hubbard, and Scalise teaches all of the limitations as discussed above. However, Foda, Hubbard, and Scalise do not explicitly disclose said distal end of said central tube is threadedly connected to said bottom portion proximal end such that said central tube and said bottom portion are selectively separable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a threadly connected portion to the distal end of the central tube and bottom portion proximal end, since this a known technique (threadly connecting tubing) to improve (allows for a releasable connecting between the tubing to change the length/height) a similar devices (a waste emptying tubing) in the same way (to conveniently and efficiently empty waste). If the tubing was not threadly connected, as shown in Thompson, then it would reduce the convenience adjusting the height of the emptying device.
Regarding Claim 13, Foda and Hubbard teaches all of the limitations as discussed above in claim 12. However, Foda and Hubbard do not explicitly disclose further comprising the steps: threadedly connecting said top portion distal end to said proximal end of said central tube such that said top portion and said central tube are selectively separable; and threadedly connecting said distal end of said central tube to said bottom portion proximal end such that said central tube and said bottom portion are selectively separable.
Scalise teaches an ostomy collection and drainage system includes an ostomy pouch (10, see Figure 1) comprising: a top portion distal end (40) is threadedly connected (the catch and the latch may be engaged in a rotational direction in an interference fit and form a mechanical interlock to restrict movement in an axial direction of the adapter relative to the outlet body, see Paragraph [0014]) to a proximal end of a central tube (to adapter 60 of tube 80) such that said top portion and said central tube are selectively separable (see Figure 1).
Foda, Hubbard, and Scalise are analogous art because all teach an ostomy drainage device.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the tip portion distal end of modified Foda and further include wherein it is threadedly connected to the central tube to be selectively separable, as taught by Scalise. Scalise teaches the selectively separable tube allows for drainage port is operable between a closed condition and an open condition. In the closed condition, the drainage port is configured to substantially seal the lower end of the drainable ostomy pouch so that bodily waste may be securely collected and stored in the collection area. In the open condition, the bodily waste may flow from the collection area through the opening to be drained from the ostomy pouch (see Paragraph [0003]).
Foda, Hubbard, and Scalise teaches all of the limitations as discussed above. However, Foda, Hubbard, and Scalise do not explicitly disclose said distal end of said central tube is threadedly connected to said bottom portion proximal end such that said central tube and said bottom portion are selectively separable.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a threadly connected portion to the distal end of the central tube and bottom portion proximal end, since this a known technique (threadly connecting tubing) to improve (allows for a releasable connecting between the tubing to change the length/height) a similar devices (a waste emptying tubing) in the same way (to conveniently and efficiently empty waste). If the tubing was not threadly connected, as shown in Thompson, then it would reduce the convenience adjusting the height of the emptying device.
Claims 4 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Foda and Hubbard, as applied to claims 2 and 12, and in further view of view of Sarvis (US 20080004579 A1).
Regarding Claim 4, Modified Foda teaches all of the limitations as discussed above in claim 2 and Foda further teaches said top portion comprising a tapered cone portion whereby said proximal end of said top portion is larger in diameter than said distal end of said top portion (a body 21 that is generally funnel-shaped, see Figure 10).
However, Modified Foda does not explicitly disclose said bottom portion comprising a tapered cone portion whereby said distal end of said bottom portion is larger in diameter than said proximal end of said bottom portion.
Sarvis teaches an ostomy emptying device (see Abstract; Figure 2) comprising a waste tube (604) having a top portion (aperture 506) and bottom portion (610), said bottom portion comprising a tapered cone portion whereby said distal end of said bottom portion is larger in diameter than said proximal end of said bottom portion (splash guard 610, see Figure 2).
Foda, Hubbard, and Sarvis are analogous art because both discloses an ostomy emptying device.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the bottom portion of Modified Foda and further include wherein said bottom portion comprising a tapered cone portion whereby said distal end of said bottom portion is larger in diameter than said proximal end of said bottom portion, as taught by Sarvis. Sarvis teaches having a tapered cone bottom portion is beneficial when the waste tube dumps waste into the toilet, the waste does not splash all over the interior of the toilet (see Paragraph [0027]).
Regarding Claim 14, Modified Foda teaches all of the limitations as discussed above in claim 12 and Foda further teaches said top portion comprising a tapered cone portion whereby said proximal end of said top portion is larger in diameter than said distal end of said top portion (a body 21 that is generally funnel-shaped, see Figure 10).
However, Modified Foda does not explicitly disclose said bottom portion comprising a tapered cone portion whereby said distal end of said bottom portion is larger in diameter than said proximal end of said bottom portion.
Sarvis teaches an ostomy emptying device (see Abstract; Figure 2) comprising a waste tube (604) having a top portion (aperture 506) and bottom portion (610), said bottom portion comprising a tapered cone portion whereby said distal end of said bottom portion is larger in diameter than said proximal end of said bottom portion (splash guard 610, see Figure 2).
Foda, Hubbard, and Sarvis are analogous art because both discloses an ostomy emptying device.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the bottom portion of Modified Foda and further include wherein said bottom portion comprising a tapered cone portion whereby said distal end of said bottom portion is larger in diameter than said proximal end of said bottom portion, as taught by Sarvis. Sarvis teaches having a tapered cone bottom portion is beneficial when the waste tube dumps waste into the toilet, the waste does not splash all over the interior of the toilet (see Paragraph [0027]).
Claims 5-6 and 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Foda and Hubbard, as applied to claims 1 and 11, in further view of in view of Knox (GB 2206274 A), and further in view of Felicetti (US 8875930 B2).
Regarding Claim 5, Modified Foda teaches all of the limitations as discussed above in claim 1. However, Modified Foda does not explicitly disclose said ostomy emptying device comprising a board, wherein said receiver opening comprises a hole centrally located within the board.
Knox teaches ostomy emptying device (see Abstract; Figures 1-8) comprising a board (tray 10), wherein said receiver opening comprises a hole centrally located within the board (tray 10 has a compartment 13 provided in its base with a discharge outlet 23, see Figure 4).
Foda, Hubbard, and Knox are analogous art because both disclose a device for emptying a ostomy bag.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the ostomy emptying device of Modified Foda and replace it with the a board having a hole centrally located within the board, as taught by Knox. Knox teaches during the first fortnight after an ostomy operation, the changing of an ostomy bag by the methods presently recommended can be painful and it is accordingly an object of the present invention to provide an improved method of changing an ostomy bag which not only reduces embarrassment but which can also be less painful (see Col. 1 ln 12-16).
Modified teaches all of the limitations as discussed above. However, Modified Foda do not explicitly disclose said receptacle comprises an emesis bag having an integrated rim about a top end thereof and bag portion suspended beneath said integrated rim; and wherein said integrated rim is configured to fit about said hole such that said bag portion is held below said board to receive said effluent.
Felicetti teaches an ostomy emptying device (an emesis container, see Abstract) having a housing (12a) with a hole (top opening 14a is configured to receive emesis refuse, and other materials such as garbage, see Col. 2 ln 26-27); a receptacle comprises an emesis bag (a bag such as a garbage bag inside of the emesis container, see Col. 2 ln 66-67) having an integrated rim about a top end thereof (user could place the ends over the top of rim 11a as shown by arrows 33 and 35, and then place rim 32 over the top of the bag thereby securing the bag in place, see Col. 3 ln 1-3) and bag portion suspended beneath said integrated rim (the bag positioned under the rim 11a, see Figure 1C); and wherein said integrated rim is configured to fit about said hole such that said bag portion is held below said board to receive said effluent (bag secured within the emesis container via top rim 11a, see Col. 2 ln 66-7, Col. 3 ln 1-3).
Foda, Hubbard, Knox, and Felicetti are analogous art because all disclose a device for collecting human waste.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the hole in the board of Modified Knox and further include an emesis bag having an integrated rim about a top end thereof and bag portion suspended beneath said integrated rim; and wherein said integrated rim is configured to fit about said hole such that said bag portion is held below said board to receive said effluent, as taught by Felicetti. Felicetti teaches it is beneficial for an emesis container which is configured to be positioned in a convenient manner and which is configured to be easy to use and portable (see Col. 1 ln 5-8).
Regarding Claim 6, Modified Foda teaches all of the limitations as discussed above in claim 5 and Foda further teaches mounting racks (151) comprising a plurality of receiver notches (external and internal sleeves 6 and 30, see Figure 1-2) configured to receive one of a pair of selectively adjustable brackets (a quick release/lock pin couples the opposed holes of the external and internal telescoping sleeves in a selected position relative to each other to maintain the extendible shaft length/height at a desired level, see Paragraph [0141]); and wherein said ostomy emptying device is configured to be placed atop said pair of selectively adjustable brackets (ostomy emptying device 101 can be placed atop of the brackets).
However, Modified Foda does not explicitly disclose a pair of mounting racks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the mounting rack to have at least two of them since the claims to the said components read on the prior art expect with regard to the additional components would not have modified the operation of the device (supporting the ostomy pouch emptying system at a desired level). It has also been shown in Foda that a single mounting rack may be configure to support the ostomy emptying device. The particular duplication of parts would be obvious matter of design choice to one skilled in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Regarding Claim 15, Modified Foda teaches all of the limitations as discussed above in claim 11. However, Modified Foda does not explicitly disclose said ostomy emptying device comprising a board, wherein said receiver opening comprises a hole centrally located within the board.
Knox teaches ostomy emptying device (see Abstract; Figures 1-8) comprising a board (tray 10), wherein said receiver opening comprises a hole centrally located within the board (tray 10 has a compartment 13 provided in its base with a discharge outlet 23, see Figure 4).
Foda, Hubbard, and Knox are analogous art because both disclose a device for emptying a ostomy bag.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the ostomy emptying device of Modified Foda and replace it with the a board having a hole centrally located within the board, as taught by Knox. Knox teaches during the first fortnight after an ostomy operation, the changing of an ostomy bag by the methods presently recommended can be painful and it is accordingly an object of the present invention to provide an improved method of changing an ostomy bag which not only reduces embarrassment but which can also be less painful (see Col. 1 ln 12-16).
Modified Foda teaches all of the limitations as discussed above. However, Modified Foda do not explicitly disclose said receptacle comprises an emesis bag having an integrated rim about a top end thereof and bag portion suspended beneath said integrated rim; and wherein said integrated rim is configured to fit about said hole such that said bag portion is held below said board to receive said effluent.
Felicetti teaches an ostomy emptying device (an emesis container, see Abstract) having a housing (12a) with a hole (top opening 14a is configured to receive emesis refuse, and other materials such as garbage, see Col. 2 ln 26-27); a receptacle comprises an emesis bag (a bag such as a garbage bag inside of the emesis container, see Col. 2 ln 66-67) having an integrated rim about a top end thereof (user could place the ends over the top of rim 11a as shown by arrows 33 and 35, and then place rim 32 over the top of the bag thereby securing the bag in place, see Col. 3 ln 1-3) and bag portion suspended beneath said integrated rim (the bag positioned under the rim 11a, see Figure 1C); and wherein said integrated rim is configured to fit about said hole such that said bag portion is held below said board to receive said effluent (bag secured within the emesis container via top rim 11a, see Col. 2 ln 66-7, Col. 3 ln 1-3).
Foda, Hubbard, Knox, and Felicetti are analogous art because all disclose a device for collecting human waste.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the hole in the board of Knox and further include an emesis bag having an integrated rim about a top end thereof and bag portion suspended beneath said integrated rim; and wherein said integrated rim is configured to fit about said hole such that said bag portion is held below said board to receive said effluent, as taught by Felicetti. Felicetti teaches it is beneficial for an emesis container which is configured to be positioned in a convenient manner and which is configured to be easy to use and portable (see Col. 1 ln 5-8).
Regarding Claim 16, Modified Foda teaches all of the limitations as discussed above in claim 15 and Foda further teaches mounting racks (151) comprising a plurality of receiver notches (external and internal sleeves 6 and 30, see Figure 1-2) configured to receive one of a pair of selectively adjustable brackets (a quick release/lock pin couples the opposed holes of the external and internal telescoping sleeves in a selected position relative to each other to maintain the extendible shaft length/height at a desired level, see Paragraph [0141]); and wherein said ostomy emptying device is configured to be placed atop said pair of selectively adjustable brackets (ostomy emptying device 101 can be placed atop of the brackets).
However, Modified Foda does not explicitly disclose a pair of mounting racks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to duplicate the mounting rack to have at least two of them since the claims to the said components read on the prior art expect with regard to the additional components would not have modified the operation of the device (supporting the ostomy pouch emptying system at a desired level). It has also been shown in Foda that a single mounting rack may be configure to support the ostomy emptying device. The particular duplication of parts would be obvious matter of design choice to one skilled in the art. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) (Claims at issue were directed to a water-tight masonry structure wherein a water seal of flexible material fills the joints which form between adjacent pours of concrete. The claimed water seal has a "web" which lies in the joint, and a plurality of "ribs" projecting outwardly from each side of the web into one of the adjacent concrete slabs. The prior art disclosed a flexible water stop for preventing passage of water between masses of concrete in the shape of a plus sign (+). Although the reference did not disclose a plurality of ribs, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.).
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Foda, Hubbard, Knox, and Felicetti, as applied to claim 5 and 15 above, and further in view of Philippen (EP 0182308 B1, as mapped in the translated copy attached).
Regarding Claim 7, Modified Foda teaches all of the limitations as discussed above in claim 5. However, Modified Foda does not explicitly disclose at least one strap configured to secure said board to an ADA-accessible grab bar.
Philippen teaches safety rail system (see Abstract) comprising at least one strap (support mounting device 124 for service parts e.g. strap loop support, see Claim 4) configured to secure said board to an ADA-accessible grab bar (safety handle system 10, see Figure 1 and 11).
Modified Foda and Philippen are analogous art because both disclose a devices to be used in the bathroom.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the ostomy emptying device of Modified Foda and further include at least one strap configured to secure said board to an ADA-accessible grab bar, as taught by Philippen. Philippen teaches safety handle systems of this type are used above all in rooms where the physically disabled person wants to carry out a certain movement independently or undertake an activity in which his lack of movement is replaced by a device or his not fully functional movement is secured by a device. This is particularly important in the so-called wet room area, such as bathrooms, toilets, etc. (see pg. 1 last paragraph and pg. 2 first paragraph).
Regarding Claim 17, Modified Foda teaches all of the limitations as discussed above in claim 15. However, Modified Foda does not explicitly disclose at least one strap configured to secure said board to an ADA-accessible grab bar.
Philippen teaches safety rail system (see Abstract) comprising at least one strap (support mounting device 124 for service parts e.g. strap loop support, see Claim 4) configured to secure said board to an ADA-accessible grab bar (safety handle system 10, see Figure 1 and 11).
Modified Foda and Philippen are analogous art because both disclose a devices to be used in the bathroom.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the ostomy emptying device of Modified Foda and further include at least one strap configured to secure said board to an ADA-accessible grab bar, as taught by Philippen. Philippen teaches safety handle systems of this type are used above all in rooms where the physically disabled person wants to carry out a certain movement independently or undertake an activity in which his lack of movement is replaced by a device or his not fully functional movement is secured by a device. This is particularly important in the so-called wet room area, such as bathrooms, toilets, etc. (see pg. 1 last paragraph and pg. 2 first paragraph).
Claims 8 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Foda, Knox, Hubbard, and Felicetti, as applied to claim 5 and 15 above, and further in view of Lampropoulos (US 20070032764 A1).
Regarding Claim 8, Modified Foda teaches all of the limitations as discussed above in claim 5 and Knox further teaches said board comprising a front end (19) forming a curve configured to fit about an abdomen (inwardly curved portion 19, the curvature of which corresponds to the average curvature of the stomach of a user so that, when the tray is in use, the tray fits closely to the torso of the user., see Figure 5 and 8) and edge lip (edge of tray 10, see Figure 5); and said board further comprising a handle (tray 10 having side edges that a user can use as a handle, see Figure 5).
However, Modified Knox does not explicitly disclose said board further comprising a slip-resistant surface.
Lampropoulos teaches a multi-part biowaste container (see Abstract; Figure 3) comprising a slip-resistant surface (the bottom surface 30 includes a textured knurling. The textured knurling can provide one or both of an anti-slip friction texturing on the inside surface of the supplementary container 14, see Paragraph [0041]).
Modified Foda and Lampropoulos are analogous art because both teach a waste disposal system.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the board of Modified Knox and further include a slip-resistant surface, as taught by Lampropoulos. Lampropoulos teaches the anti-slip friction surface on the interior surface of the supplementary container 14 can minimize the slippage of materials that are positioned within the supplementary container (see Paragraph [0041]).
Regarding Claim 18, Modified Foda teaches all of the limitations as discussed above in claim 15 and Knox further teaches said board comprising a front end (19) forming a curve configured to fit about an abdomen (inwardly curved portion 19, the curvature of which corresponds to the average curvature of the stomach of a user so that, when the tray is in use, the tray fits closely to the torso of the user., see Figure 5 and 8) and edge lip (edge of tray 10, see Figure 5); and said board further comprising a handle (tray 10 having side edges that a user can use as a handle, see Figure 5).
However, Modified Knox does not explicitly disclose said board further comprising a slip-resistant surface.
Lampropoulos teaches a multi-part biowaste container (see Abstract; Figure 3) comprising a slip-resistant surface (the bottom surface 30 includes a textured knurling. The textured knurling can provide one or both of an anti-slip friction texturing on the inside surface of the supplementary container 14, see Paragraph [0041]).
Modified Foda and Lampropoulos are analogous art because both teach a waste disposal system.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the board of Modified Knox and further include a slip-resistant surface, as taught by Lampropoulos. Lampropoulos teaches the anti-slip friction surface on the interior surface of the supplementary container 14 can minimize the slippage of materials that are positioned within the supplementary container (see Paragraph [0041]).
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Foda and Hubbard, as applied to claim 1 and 11 above, and further in view of in view of Felicetti (US 8875930 B2).
Regarding Claim 9, Modified Foda teaches all of the limitations as discussed above in claim 1. However, Modified Foda does not explicitly disclose a top chamber comprising said receiver opening; a bottom chamber separated from said top chamber via a barrier; wherein said receptacle comprises an emesis bag having an integrated rim about a top end thereof and bag portion suspended beneath said integrated rim; said integrated rim configured to fit about said receiver opening such that said bag portion is held below said board to receive said effluent; and said bottom chamber configured to store accessories for use with said ostomy pouch emptying system.
Felicetti teaches an ostomy emptying device (an emesis container, see Abstract)a top chamber (a housing 12a having a first compartment, see Abstract) comprising said receiver opening (top opening 14a is configured to receive emesis refuse, see Figure 1A); a bottom chamber separated from said top chamber (a second container 50, see Figure 3A) via a barrier (cover 53); wherein said receptacle comprises an emesis bag (a bag such as a garbage bag inside of the emesis container, see Col. 2 ln 66-67) having an integrated rim about a top end thereof (user could place the ends over the top of rim 11a as shown by arrows 33 and 35, and then place rim 32 over the top of the bag thereby securing the bag in place, see Col. 3 ln 1-3) and bag portion suspended beneath said integrated rim (the bag positioned under the rim 11a, see Figure 1C); said integrated rim configured to fit about said receiver opening such that said bag portion is held below said receiver opening to receive said effluent (the user could place the ends of the bag over the top of rim 11a as shown by arrows 33 and 35, and then place rim 32 over the top of the bag thereby securing the bag in place, see Figure 1C); and said bottom chamber configured to store accessories for use with said ostomy pouch emptying system (second housing 50 comprises a reservoir or container in which to receive at least one disposable container element such as a garbage bag. For example, the garbage bags can be folded flat and stacked one on top of the other such that the container can include multiple garbage bags 56, see Col. 3 ln 40-46; Figure 3A).
Foda, Hubbard, and Felicetti are analogous art because both teach a waste disposal device for human waste.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the ostomy emptying device of Modified Foda and replace it with the emesis container of Felicetti. Felicetti teaches an emesis container which is configured to be positioned in a convenient manner and which is configured to be easy to use and portable (see Col. 1 ln 5-8).
Regarding Claim 19, Modified Foda teaches all of the limitations as discussed above in claim 11. However, Modified Foda does not explicitly disclose a top chamber comprising said receiver opening; a bottom chamber separated from said top chamber via a barrier; wherein said receptacle comprises an emesis bag having an integrated rim about a top end thereof and bag portion suspended beneath said integrated rim; said integrated rim configured to fit about said receiver opening such that said bag portion is held below said board to receive said effluent; and said bottom chamber configured to store accessories for use with said ostomy pouch emptying system.
Felicetti teaches an ostomy emptying device (an emesis container, see Abstract)a top chamber (a housing 12a having a first compartment, see Abstract) comprising said receiver opening (top opening 14a is configured to receive emesis refuse, see Figure 1A); a bottom chamber separated from said top chamber (a second container 50, see Figure 3A) via a barrier (cover 53); wherein said receptacle comprises an emesis bag (a bag such as a garbage bag inside of the emesis container, see Col. 2 ln 66-67) having an integrated rim about a top end thereof (user could place the ends over the top of rim 11a as shown by arrows 33 and 35, and then place rim 32 over the top of the bag thereby securing the bag in place, see Col. 3 ln 1-3) and bag portion suspended beneath said integrated rim (the bag positioned under the rim 11a, see Figure 1C); said integrated rim configured to fit about said receiver opening such that said bag portion is held below said receiver opening to receive said effluent (the user could place the ends of the bag over the top of rim 11a as shown by arrows 33 and 35, and then place rim 32 over the top of the bag thereby securing the bag in place, see Figure 1C); and said bottom chamber configured to store accessories for use with said ostomy pouch emptying system (second housing 50 comprises a reservoir or container in which to receive at least one disposable container element such as a garbage bag. For example, the garbage bags can be folded flat and stacked one on top of the other such that the container can include multiple garbage bags 56, see Col. 3 ln 40-46; Figure 3A).
Foda, Hubbard, and Felicetti are analogous art because both teach a waste disposal device for human waste.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the ostomy emptying device of Foda and replace it with the emesis container of Felicetti. Felicetti teaches an emesis container which is configured to be positioned in a convenient manner and which is configured to be easy to use and portable (see Col. 1 ln 5-8).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Foda, Hubbard, and Felicetti, as applied to claim 9 above, and further in view of Hoffman (US 1013775 A).
Regarding Claim 10, Modified Foda teaches all of the limitations as discussed above in claim 9. However, Modified Foda and Felicetti do not explicitly disclose a lid configured to be selectively removed from said bottom chamber to provide access to said bottom chamber.
Hoffman teaches a receptacle (see Figure 1-2) having separate upper and lower compartments (B and C, see Figure 1-2) comprising a lid (E) configured to be selectively removed from said bottom chamber to provide access to said bottom chamber (lid E can be open to access the bottom compartment C, see Figure 1).
Foda, Hubbard, Felicetti, and Hoffman are all analogous art because all teach a waste disposal system.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the bottom compartment of Felicetti and further include a lid to provide access to said bottom chamber, as taught by Hoffman. Hoffman teaches after the bottom compartment is accessed the bottom E is swung into a closed position so that the receptacle may be conveniently set on the floor or other support (see Col. 2 ln 100-103).
Claims 20 is rejected under 35 U.S.C. 103 as being unpatentable over Foda (US 20210070488 A1) in view of Sarvis (US 20080004579 A1) and in further view of Plath (US 20150000024 A1).
Regarding Claim 20, Foda teaches an ostomy pouch emptying system(see Figure Abstract; Figure 1 and 10-11) comprising: an ostomy emptying device (device 101) comprising a top portion (21), a central tube (see above), and a bottom portion (27); said top portion having a proximal end and a distal end (see above); said central tube having a proximal end and a distal end (see above); said bottom portion having a proximal end and a distal end (see above); wherein a receiver opening is within said proximal end of said top portion device 101 comprise a body 21 that is generally funnel-shaped configured to engage an upper end of the body defining a body inlet, see Paragraph [0108]); wherein said bottom portion proximal end with disposal opening is engaged with said receptacle (a lower end outlet 27 configured to direct the contents of the ostomy pouch out of the chute and into a receptacle while the pouch is attached to the patient, see Paragraph [0112]); said top portion comprising a tapered cone portion whereby said proximal end of said top portion is larger in diameter than said distal end of said top portion (a body 21 that is generally funnel-shaped, see Figure 10).
However, Foda does not explicitly disclose said bottom portion comprising a tapered cone portion whereby said distal end of said bottom portion is larger in diameter than said proximal end of said bottom portion.
Sarvis teaches an ostomy emptying device (see Abstract; Figure 2) comprising a waste tube (604) having a top portion (aperture 506) and bottom portion (610), said bottom portion comprising a tapered cone portion whereby said distal end of said bottom portion is larger in diameter than said proximal end of said bottom portion (splash guard 610, see Figure 2).
Foda and Sarvis are analogous art because both discloses an ostomy emptying device.
It would have been obvious to a person having ordinary skill in the art before the effective filling date of the invention to modify the bottom portion of Foda and further include wherein said bottom portion comprising a tapered cone portion whereby said distal end of said bottom portion is larger in diameter than said proximal end of said bottom portion, as taught by Sarvis. Sarvis teaches having a tapered cone bottom portion is beneficial when the waste tube dumps waste into the toilet, the waste does not splash all over the interior of the toilet (see Paragraph [0027]).
Foda and Sarvis teaches all of the limitations as discussed above. However, Foda and Sarvis do not explicitly disclose wherein a height of said ostomy emptying device is selectively adjustable by replacing said central tube with an alternative central tube, whereby said alternative central tube comprises a length distinguishable from a length of said central tube.
As the reference is not limited to any specific examples of emptying device and as emptying device comprising adjustable heights based on tubing lengths were well known in the art at the effective filing date, as evidenced by Plath (Fig. 1), it would have been obvious to one having ordinary skill in the art at the time the invention was made to use any tubing length, including an alternative central tube with a different length in the device of Modified Foda. Said combination would amount to use of a known element for its intended use in a known environment to accomplish entirely expected result. Plath teaches that by incorporating the adjustment in tubing length would accommodate males of various heights and those who may be confined to a wheelchair (see Paragraph [0016]).
Response to Arguments
Applicant’s arguments with respect to claims 1, 3, 11, 13, and 20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
/ERIC RASSAVONG/ (2/24/2025)Examiner, Art Unit 3781
/JESSICA ARBLE/ Primary Examiner, Art Unit 3781