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 .
Information Disclosure Statement
The information disclosure statements (IDSs) submitted on 09/18/23 and 10/19/23 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Election/Restrictions
Applicant’s election without traverse of Group V: claims 1, 6, and 12-14 in the reply filed on 04/09/26 is acknowledged.
Claims 2-5 and 7-11 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/09/26.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the angle a and rotational angle β such as in at least claims 13 and 14 must be shown or the feature(s) canceled from the claim(s). Applicant could amend FIG. 14a to include notation of these angles to overcome this drawing objection (angles for FIG. 14a appear to be adequately described in [0057] of the current Application’s PGPUB). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 13 are objected to because of the following informalities:
Claim 1 line 7 reads “a top of the toilet seat” and should likely read “a top of [[the]] a toilet seat” to provide antecedent basis for “toilet seat” in the claim. Only a toilet “bowl” has been recited previously in the claim language and therefore there is no antecedent basis in line 7 for the toilet “seat”.
Claim 13 lines 1-3 read “wherein the fluid delivery tip attachment region further comprises at least one angled wedge section on the top surface thereof” and should likely read “wherein the fluid delivery tip attachment region further comprises at least one angled wedge section on [[the]] a top surface thereof” to provide antecedent basis for the top surface of the attachment region, which has not yet been recited in the claims
Claim 13 line 5 reads “the top of the support” and should likely read “[[the]] a top of the support” to provide antecedent basis for “top” of the support. Only a “top surface” has been recited for the support (see claim 1) and therefore there is no antecedent basis for the “top” as in claim 13
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Adam (U.S. PGPUB No. 2016/0339166).
Regarding claim 1, Adam discloses an enema assist device (see FIG. 46 and [0134]: cone 412 for insertion into rectum) comprising:
a support (418, see [0134]: handle shaft 418), wherein the support has a front (see ‘Modified FIG. 51’ below and [0138]: FIG. 51 of device in FIG. 46 during rectal insertion),
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a back (see ‘Modified FIG. 51’ above), a bottom surface (see ‘Modified FIG. 51’ above), and a top surface (see ‘Modified FIG. 51’ above), wherein the support is configured to be placed on a toilet bowl such that the support front is oriented towards the front of the toilet bowl (see [0138]: user 446 seated on toilet bowl in FIG. 51. Therefore support is oriented toward “front” of toilet bowl. See FIG. 41 for further clarity of user’s seated position with support oriented front. However, FIG. 41 depicts a different embodiment in use),
the support (418) further being configured to support a fluid delivery tip (414 with cone 412) such that the fluid delivery tip is disposed on the top surface of the support (see [0134-0137]: head 414 removably connected and therefore the support is ‘configured to support’ the tip ‘such that the fluid delivery tip is disposed on the top surface of the support’ via quick release mount) and protrudes at least partially beyond a plane (see ‘Modified FIG. 51’ above) defined by a top of the toilet seat (see [0138]: user seated atop toilet and therefore fluid tip protrudes beyond toilet seat plane at least at the time of insertion as shown in Fig. 51).
Regarding claim 12, Adam discloses the enema assist device according to claim 1, and Adam further discloses wherein the support (418, see FIG. 46) comprises a rigid bar (see [0134]: 418 described as a shaft==rigid bar), the rigid bar (shaft of 418) comprising a hand grip region (430) located at the front (see ‘Modified FIG. 51’ above) of the rigid bar (shaft of 418), an attachment region (422) located on the top surface (422, see Fig. 47 on front perpendicular plane formed on top surface) of the back (see ‘Modified FIG. 51i’ below) of the rigid bar (shaft of 418),
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and a pivot region (see ‘Modified FIG. 51i’ above and [0138]: side of toilet bowl 448 assists in rotating handle) located on the bottom surface and in between the front and the back (see position as shown in ‘Modified FIG. 51i’ above) of the rigid bar (shaft of 418), the fluid delivery tip (414 with cone 412) being attached to the attachment region (422, as seen in FIG. 51 and described in [0134]) and,
wherein in use, the pivot region (see ‘Modified FIG. 51i’ above) contacts the toilet bowl (see [0138]: contact such as at side 448 during rotation assist or during “rest”) such that the hand grip region (430) projects beyond an edge of the toilet bowl (see [0138]: handle portion held between legs/ beyond at least “an” edge of the toilet bowl), the fluid delivery tip (414 with cone 412) is over a center region (center region where user 446 is seated, see Fig. 51 and [0138]) of the toilet bowl, and a user of the enema assist device grips the hand grip region (430, gripping shown in FIG. 51 and described in [0138]) and urges the hand grip region downward and thereby pivots the fluid delivery tip (414 with cone 412) upward and urges the fluid delivery tip into the body orifice of the user (see [0138]: user grasps 430 and then rotates device into place as shown in FIG. 51. By at least the figure and description in [0138], it is clear that a user must provide a downward force to direct the tip upward and into user body).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Adam as applied to claim 1 above, and further in view of Jeon (U.S. Patent No. 6,526,602).
Regarding claim 6, Adam discloses the enema assist device according to claim 1, and Adam further discloses the toilet seat atop the toilet bowl (see [0138]: user sits on toilet and thus toilet bowl reasonably has a “seat” portion).
Adam is silent to “wherein the toilet seat comprises a removable toilet seat configured to be placed on top of a fixed toilet seat on a toilet bowl.”
However, Jeon teaches an enema assist device (see FIG. 1 and col. 2 lines 42-60: device is toilet mounted and has fluid delivery tip rotatably mounted. see FIG. 8 for visual of device mounted onto toilet) with a toilet seat (41), wherein the toilet seat (41) comprises a removable toilet seat (see col 5 lines 1-4: toilet seat attached to bowl by bolts and therefore inherently removable) configured to be placed on top of a fixed toilet seat (seat surface of bowl 40, see ‘Modified FIG. 8’ below) on a toilet bowl (40).
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Therefore, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the toilet seat disclosed in Adam to be a removable toilet seat as taught by Jeon for the purpose of removably attaching the toilet seat to the bowl to allow for placement of the enema assist device therebetween (see col 5 lines 1-4), thus achieving “wherein the toilet seat comprises a removable toilet seat configured to be placed on top of a fixed toilet seat on a toilet bowl.”
Claims 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Adam (U.S. PGPUB No. 2016/0339166).
Regarding claim 13, Adam discloses the enema assist device according to claim 1, and Adam further discloses wherein the fluid delivery tip attachment region (422, see FIG. 47) further comprises at least one angled wedge section (cone/ tapered shape of 412, see [0136]) on the top surface thereof (422 fitted with member 415 of tip 414. Thus “region” 422 in attachment configuration such as FIG 46, has the wedge section 412 on a top surface. See top surface of attachment “region” in ‘Modified FIG. 47’ below)
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the wedge (tapered/ cone shape of 412) having an angle a (see ‘Modified FIG. 47’ above), relative to the plane defined by the top of the toilet seat (see ‘Modified FIG. 47’ and ‘Modified FIG. 51’ above), thereby imparting the angle a to the top (412 located at a “top”/ upward side of support 418) of the support (418) and thus angling the fluid delivery tip (414) at the angle a (as shown during insertion in FIG. 51 and described in [0136]).
In the embodiment of FIGs. 46-52, Adam is silent to the wedge section “interposed between the fluid delivery tip and the support”.
However, in a separate embodiment (see FIG. 39), Adam teaches an enema assist device comprising a fluid delivery tip attachment region (332), a fluid delivery tip (312), and a rigid bar support (326). Adam (FIG. 39) further teaches wherein the fluid delivery tip attachment region (332) further comprises at least one angled wedge section (336) on the top surface thereof (see [0126]: upstanding post 336 provided to attachment region 332) and interposed between (see [0126]: head 312 mounted onto wedge 336. Thus wedge is ‘between’ tip 312 and support 326) the fluid delivery tip (312) and the support (326), the wedge (336) having an angle a (see ‘Modified FIG. 39’ below),
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relative to the plane defined by the top of the toilet seat (see ‘Modified FIG. 39’ above and [0126-0130]), thereby imparting the angle a to the top (336 and angle a applied to a “top”/ upward facing portion of the support 326) of the support (326) and thus angling the fluid delivery tip (312) at the angle a (see Fig. 40 and [0126]: head 312 mounted atop 332 and thus is angled by 332).
Therefore, it would have been prima facie obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to modify the attachment region comprising the wedge section disclosed in Adam (FIGs. 46-52) to be interposed between the fluid delivery tip and the support (such as providing the attachment region in a direction facing upward/ parallel/ toward user instead of the attachment region perpendicular to the user) as taught by Adam (FIG. 39).
A person of ordinary skill in the art would have been motivated to make this modification because it is a simple substitution of one known element (an attachment region facing perpendicular relative a user to secure a fluid delivery device as in Adam FIG. 47 and [0134]) for another known element (an attachment region facing upward/parallel/ toward a user to secure a fluid delivery head as in Adam FIG. 39 and at least [0126]) in the art to obtain the predictable result of securing a fluid delivery tip to a support bar (see MPEP § 2143.I.B), thus achieving the wedge section “interposed between the fluid delivery tip and the support”.
Regarding claim 14, the modified system of Adam teaches the enema assist device according to claim 12, and Adam (Figs. 46-52) further discloses wherein the at least one angled wedge section (cone/ tapered shape of 412, see [0136]) further has a rotational angle P (see ‘Modified FIG. 47i’ below, [0136] and [0138])
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measured relative to an axis along a length of the rigid bar (shaft of 418).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHLEEN PAIGE VOKES whose telephone number is (571)272-0198. The examiner can normally be reached M-F: 730AM-330PM Eastern Time.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Tsai can be reached at (571) 270-5246. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KATHLEEN PAIGE VOKES/Examiner, Art Unit 3783
/MICHAEL J TSAI/Supervisory Patent Examiner, Art Unit 3783
Prosecution Insights