DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
This office action is in response to claims in application 18/219,980 filed on 7/10/2023.
The instant application claims benefit to provisional application #63/388,284 with a priority date of 7/12/2022.
The Pre-Grant publication # 2024/0021099 is published on 1/18/2024.
Claims 1-20 are pending.
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 1-8, 13-18 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 1 recite the limitation “buttocks simulator used with a stand, seat or other stabilizing device;”, “when executed by the processing unit”. Hennessy teaches the term “buttock simulator used.. .. ” is not identifying which buttock simulator and hence lack in an antecedent basis. Similar is the case for dependent claims further indicating lack of antecedent base. Hennessy teaches the claims thereof are indefinite.
Claim 13 recite the limitation “shaped like the human buttocks”, “said buttocks simulator perpendicularly affixed to top side of said horizontal platform; said buttocks simulator .. .. .. movement of a human's buttocks.”. It is unclear if the terms “the human buttocks“, “ perpendicularly affixed “, “ a human's buttocks” are clarifying type of buttock simulators and its affixation direction. Similar is the case for dependent claims further indicating antecedent base. Hennessy teaches the claims thereof are indefinite.
Claim 15 recite the limitation “said horizontal platform can reach behind himself/herself, .and feel said buttocks simulator. It is unclear what use ‘comma’ and ‘ full stop’ role in the phrase stands for after the term “himself/herself “ . Appropriate correction would be needed.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Patent Application Publication Number US 20210346239 A1 Hennessy in view of Patent Application Publication Number US 20130086737 A1 Bizar.
Claim 1. Hennessy teaches a device for teaching a user how to wipe their buttocks ( para 0074 Toilet tissue and wet wipes after toilet for cleaning buttock area) comprising
a simulator (Para 004, 0005 in-toilet kit a small, shallow plastic basin that sits on top of a ring-shaped toilet bowl having a seat surface and a support structure simulator).
Hannessy teaches a hydrotherapy soaking chair simulator (Fig.10) but does not include a buttock simulator as such. Bizar, however, teaches a portable buttock potty support making a buttock simulator (Fig. 4,5,6 device use with upper surface of the frame applied against a person's buttocks area while the exterior portion of the bag is, for sanitary reasons, shielded from contact with the person's buttocks area). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a buttock simulator, as taught by Bizar, into the a seat surface and a support simulator structure of Hannessy, in order to provide hydrotherapy along with wiping buttock to achieve objectives towards an overall goal.
Hennessey in combination with Bizar teaches that said buttocks simulator placed on a table or other smooth surface (Para 0060 stable and safe chair) ;
buttocks simulator used with a stand, seat or other stabilizing device ( 0079 stable and safe chair); and
said buttocks simulator further comprising an attachment mechanism to attach to said stand, table, seat or surface (Para 0059 removably attach to, irremovably attach to a surface).
Claim 2. Hennessy teaches the device of claim 1 wherein said attachment mechanism comprises suction cups, clips, screws, snaps, clamps, clasps, or hooks and loops (Para 0059 integrally-molded attachment mechanism).
Claim 3. Hennessy teaches the device of claim 1 wherein said stand comprises attachment pieces which are attached at attachment points in said buttocks simulator (Para 0059 attachment mechanism may have pieces).
Claim 4. Hennessy teaches the device of claim 1wherein said device enables an individual to practice wiping their buttocks at any time by providing access to the activity without the need to go to the toilet or remove ones clothes (Para 0074 available wiping wands).
Claim 5. Hennessy teaches the device of claim 1 wherein said the stand attaches to a bathtub wall (Para 0037 bathtub as well).
Claim 6. Hennessy teaches the device of claim 5 wherein said stand attached to said bathtub wall by a mechanism such as suction cups, clips, screws, snaps, clamps, clasps, or hooks and loops (Para 0060 alternate mechanism could be used).
Claim 7. Hennessy teaches the device of claim 1 wherein said stand and buttocks simulator are attached by hooks and loops (Fig.8, Para 0059 stand attachment could be alternately hooks and loops as available in art) .
Claim 8. Hennessy teaches the device of claim 1 wherein said device has a base with clamping for fixation to a table corner (Fig.8 element 162, 168 a based to fix and clamp to a table corner).
Claim 9. Hennessy teaches a portable toilet training device (Fig.2) comprising:
a buttock seat (Para 004, 0005 in-toilet kit a small, shallow plastic basin that sits on top of a ring-shaped toilet bowl having a seat surface and a support structure simulator);
Hannessy does not include a buttocks simulator and a seat. Bizar, however, teaches a buttocks simulator and a seat (Fig. 4,5,6 device use with upper surface of the frame applied against a person's buttocks area while the exterior portion of the bag is, for sanitary reasons, shielded from contact with the person's buttocks area as a simulator and seat). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a buttock simulator, as taught by Bizar, into the a seat surface and a support structure of Hannessy, in order to provide a portable training device hydrotherapy along with wiping buttock to achiever objectives towards an overall goal.
said seat comprising suction cups used to attach to a surface ( Para 0059 suction style provision available) ; said seat comprising attachment pieces that are attached to attachment points on said buttocks simulator (Para 0059 attachment pieces).
Claim 10. Hennessy teaches the device of claim 9 wherein said device attaches to top of a closed toilet seat (Bizar: Fig.3 element 2a top attachment).
Claim 11. Hennessy teaches the device of claim 8 wherein said buttocks simulator is co-molded with a potty seat (Para 0059 legs may removably attach to, irremovably attach to, or be molded integrally with the bucket seat).
Claim 12. A standing toilet training device comprising: a buttocks simulator;
a simulator (Para 004, 0005 in-toilet kit a small, shallow plastic basin that sits on top of a ring-shaped toilet bowl having a seat surface and a support structure simulator).
Hannessy does not include a buttock simulator. Bizar, however, teaches he hydrotherapy soaking chair providing support for a buttock simulator i.e. could be shaped like human buttocks (Fig. 4,5,6 device use with upper surface of the frame applied against a person's buttocks area while the exterior portion of the bag is, for sanitary reasons, shielded from contact with the person's
buttocks area). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a buttock simulator, as taught by Bizar, into the a seat surface and a support structure of Hannessy , in order to provide standing toilet training along with wiping to achieve objectives towards an overall goal.
Hannessy in combination with Bizar a seat portion having legs attached to a stand portion (Fig. 10 element 162 attached legs);
said seat portion to have holes which have attachment pieces that attach said seat to said buttocks simulator (Fig.10 elements 300 holes that can have attachment pieces; Para 0059 attachment pieces).
Claim 13. Hannessy teaches a toilet training device comprising: a combination of a horizontal platform having a round or oval seating area with an open center(Fig.10 element 120 open center with possible round or oval seating area),
a simulator (Para 004, 0005 in-toilet kit a small, shallow plastic basin that sits on top of a ring-shaped toilet bowl having a seat surface and a support structure simulator).
Hannessy does not include a buttock simulator. Bizar, however, teaches he hydrotherapy soaking chair providing support for a buttock simulator i.e. could be shaped like human buttocks (Fig. 4,5,6 device use with upper surface of the frame applied against a person's buttocks area while the exterior portion of the bag is, for sanitary reasons, shielded from contact with the person's
buttocks area). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a buttock simulator, as taught by Bizar, into the a seat surface and a support structure of Hannessy , in order to provide standing toilet training along with wiping to achieve objectives towards an overall goal.
Hannessy in combination with said buttocks simulator perpendicularly affixed to top side of said horizontal platform ( Bizar: Fig 3 perpendicularly affixed to top side);
said buttocks simulator constructed out of latex or some other material that resembles feel and movement of a human's buttocks (Bizar: para 0083 annular frame made of plastic, cardboard, paperboard, pressed cornstarch or other similar type materials like latex ).
Claim 14. Hennessy teaches the toilet training device of claim 13 wherein said buttocks simulator comprises a hard plastic (Para 0065 plastic rubber).
Claim 15. Hennessy teaches the toilet training device of claim 13 wherein an individual sitting on said horizontal platform can reach behind himself/herself, and feel said buttocks simulator ( Bizar: fig.6 reaching to feel the buttock simulator ).
Claim 16. Hennessy teaches the device of claim 1wherein said device has an upward orientation and an arcuate bottom surface and is affixed with hook and loop tape to an arcuate base. (Fig.18 arcuate base that could be arranged with a hook and loop tape).
Claim 17. Hennessy teaches the device of claim 1 wherein said device is selectively mounted to a seat-shaped base, with the base being mounted to a toilet seat cover by suction cups (Fig.19 element 114, 120 base mounted to a toilet seat that could be covered by available suction cups) .
Claim 18. Hennessy teaches the device of claim 1 wherein said device is selectively mountable to a seat-shaped base having height-adjustable legs (Fig. 19 height adjustable legs that could be mountable to seat-shaped base).
Claim 19. A toilet training device comprising of a simulator (Para 004, 0005 in-toilet kit a small, shallow plastic basin that sits on top of a ring-shaped toilet bowl having a seat surface and a support structure simulator).
Hannessy does not include a buttock simulator. Bizar, however, teaches he hydrotherapy soaking chair providing support for a buttock simulator i.e. could be shaped like human buttocks (Fig. 4,5,6 device use with upper surface of the frame applied against a person's buttocks area while the exterior portion of the bag is, for sanitary reasons, shielded from contact with the person's
buttocks area). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a buttock simulator, as taught by Bizar, into the a seat surface and a support structure of Hannessy , in order to provide standing toilet training along with wiping to achieve objectives towards an overall goal.
an attachment mechanism on each side of said simulator ( Para 0059 attachment pieces );
said attachment mechanism used with a clamping mechanism or strap to attach to a surface ( Para 0005 clamping).
Claim 20. Hannessy teaches a toilet training device and simulator (Para 004, 0005 in-toilet kit a small, shallow plastic basin that sits on top of a ring-shaped toilet bowl having a seat surface and a support structure simulator).
Hannessy does not include a buttock simulator. Bizar, however, teaches he hydrotherapy soaking chair providing support for a buttock simulator (Fig. 4,5,6 device use with upper surface of the frame applied against a person's buttocks area while the exterior portion of the bag is, for sanitary reasons, shielded from contact with the person's buttocks area). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date, to incorporate a buttock simulator, as taught by Bizar, into the a seat surface and a support structure of Hannessy , in order to provide toilet training device that utilizes wiping to achieve objectives towards an overall goal.
said simulator attached to a surface by a clamping mechanism or suction mechanism ( Para 0005 possible clamping mechanism).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 12171702 B2 Nomura; Hideaki et al.
Assistance method using assistance device by caregiver include buttock wipes
US 20080108041 A1 Dial; Jason Ross et al. potty
Toddler product display
US 5890907 A Minasian; David T.
Educational doll
US 20180233063 A1 TOTAH; ELLIOT et al.
TOILET TRAINING SYSTEM
US 7174774 B2 Pawar; Pau-Lin et al.
Method and apparatus of detecting pooling of fluid in disposable or non-disposable absorbent articles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SADARUZ ZAMAN whose telephone number is (571)270-3137. Hennessy teaches the examiner can normally be reached M-F 9am to 5pm CST.
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, Xuan Thai can be reached at (571) 272-7147. Hennessy teaches the fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/S.Z/Examiner, Art Unit 3715 February 1, 2026
/XUAN M THAI/Supervisory Patent Examiner, Art Unit 3715