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 .
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 battery (claim 11) must be shown or the feature(s) canceled from the claim(s). 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.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided. In line 1, the text reads, “Apparatus and methods are provided for toilet training infants. The apparatus presented comprises a training toilet with frame and removeable bowl, and sensors and a controller for detecting waste. The methods taught comprise a training method and a cueing method, for use with infants. A parent may use the apparatus with an infant, to train the infant to use the toilet, and to cue the infant to use the toilet. As the infant uses the toilet and learns, the infant may use the training toilet independently. The present invention solves problems with the currently available apparatuses and methods of toilet training young children, in particular with toilet training of infants.” The Examiner recommends the following changes: --Apparatus and methods for toilet training infants comprises a training toilet with frame, removeable bowl, sensors and a controller for detecting waste. A training method and a cueing method for use with infants is taught. A parent may use the apparatus with an infant, to train the infant to use the toilet, and to cue the infant to use the toilet. As the infant uses the toilet and learns, the infant may use the training toilet independently. The apparatus and methods for toilet training infants solves problems with toilet training of infants.--.
Claim Objections
Claims 1-16 are objected to because of the following informalities:
In claim 1, the phrase “comprising” should read –comprising:--. Since claims 2-16 are in the chain of dependency, they too are subjected to the same objection. Appropriate correction is required.
In claim 5, the phrase “..advantageously adjustable” is unclear. Clarification is required.
In claim 15, the phrases, “..are situated” and “may be activated” and “by a parent” are narrative in form and includes indefinite language. The structure which goes to make up the device must be clearly and positively specified, organized and correlated in such a manner as to present a complete operative device.
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.
Claim(s) 1-3, 6, 10-12, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over US 12,426,750 B2 to TOTSQUAT INC in view of KR 20230106437 A to DONGEUI.
Re. claim 1, Totsquat, Inc. discloses a potty-training device 101 (see figure below) for training a child (see abstract), the training apparatus comprising a toilet frame 105,113,107,109,119, a bowl 103, one or more stabilizer components 105 (see col. 7, lines 5-14) and a front support bar 111. The initial statement of intended use “for training an infant” has been fully considered but does not appear to impose any patentably distinguishing structure over that disclosed by Totsquat. A recitation with respect to the manner which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Totsquat discloses that the potty-training device is for a child, i.e. a “child” is defined as, from birth to age 18, by which this clearly includes an infant. Further, Totsquat is capable of performing training for an infant since the potty-training toilet device is built with defecation position modification, the “squat” position, as the primary position for toilet training for babies and toddlers because per the Specification, instinctively all humans and especially babies and toddlers learn a squat position when they go to the bathroom (see description).
Regarding the sensors, Totsquat does not disclose contact sensors. However, Dongeui teaches one or more contact sensors for a portable toilet for infants, and in particular, when an infant presses a button in the form of a character installed on a toilet seat, an agitation or a voice related to defecation is automatically flowed so that the infant can naturally learn the habit of defecation, i.e., training, amid voluntary interest (see description). Dongeui teaches (see figures 4 and 8) toilet training via interactive movements from the baby with the device such as using a button pressure sensor 45 for measuring the pressure transmitted through the button member 40, when a baby contacts the button with a hand, and a sitting detection pressure sensor 62 inside a seat to sense a load applied from an infant or child’s buttocks on the seat. Both sensors transmit a signal to a control unit 60 and in turn speakers 50 outputs a predetermined voice or sound related to bowel movements. The sound output through the speaker 50 may be nursery rhymes, voices, or sounds, or children's songs, voices, or sounds related to potty training. Therefore, in consideration of Totsquat, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training device with one or more contact sensors in view of Dongeui because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Re. claim 2, Totsquat further discloses the front support bar 111 is removeable, attachable and detachable (see col. 5, line 25-46; figures 1-3 where bar is located on either end 107, 109 of device) from the toilet frame at a frame-bar connector (at either end 107, 109; see col. 5, line 25).
Re. claim 3, Totsquat further discloses the front support bar 111 comprises a single unit (see col. 5, line 23-24).
Re. claim 6, Totsquat further discloses the stabilizer components comprise one or more base 105, and/or one or more suction cups (see col. 7, lines 5-14), and/or one or more non-slip elements (see col. 7, lines 5-14).
Re. claim 10, modified Totsquat in view of Dongeui, Dongeui teaches the contact sensors 45,62 are comprised in, on, under, and/or embedded in the toilet frame and/or the bowl (see figures 4 and 8). Dongeui teaches a button pressure sensor 45 indirectly on the frame (see figure 2) and a sitting detection pressure sensor 62 on or embedded in a seat (see figure 8). Therefore, in consideration of Totsquat, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training device with contact sensors in, on, under, and/or embedded in the toilet frame and/or the bowl in view of Dongeui because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Re. claim 11, modified Totsquat in view of Dongeui, Dongeui teaches a controller 60 comprising one or more speakers 50, operably connected to the controller (“…a control unit which is electrically connected to the button member to output children's songs, voices or sounds related to bowel movement by means of the speaker when the baby presses the button member”-see description); one or more batteries (“…control unit 60 provided with battery for power supply”– see description); and one or more switches (see description, “The button member 40 can be configured by applying a known tact switch”), and wherein the controller is operably connected to the one or more contact sensors (“..a control unit which is electrically connected to the button member 40”-see description) and wherein the one or more contact sensors, the one or more speakers, and the one or more switches are powered by the one or more batteries (“…control unit 60 provided with battery for power supply”– see description). Therefore, in consideration of Totsquat, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training apparatus with a controller, where the controller has one or more speakers that are operably connected to the controller; including one or more batteries; and one or more switches, and where the controller is operably connected to the one or more contact sensors, the one or more contact sensors, the one or more speakers, and where the one or more switches are powered by the one or more batteries in view of Dongeui because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Re. claim 12, modified Totsquat in view of Dongeui, Dongeui teaches an electric power from the one or more batteries (“…control unit 60 provided with battery for power supply”– see description); to the one or more contact sensors (see description, “The button member 40 can be configured by applying a known tact switch”), is activated and deactivated (“…when the infant presses the button member 40 with his or her hand, the switch is turned on” – see description) by the one or more switches (“…a control unit which is electrically connected to the button member 40”-see description).
Therefore, in consideration of Totsquat, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training apparatus where electric power from the battery(s) to the contact sensor(s) is activated and deactivated by a switch(s) in view of Dongeui, because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Re. claim 15, As best understood by the Examiner, the modified Totsquat in view of Dongeui, Dongeui does not teach a switch activated by a parent. Instead, Dongeui teaches a button member or switch 40 visibly “situated” or positioned (see figure 1) on an armrest where a user has access to the member and is able to activate. The statement of intended use “may be activated by a parent” has been fully considered but does not appear to impose any patentably distinguishing structure over that disclosed by Dongeui. A recitation with respect to the manner which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, in consideration of Totsquat, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training device one or more switches are situated such that the one or more switches may be activated by a parent in view of Dongeui because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Totsquat:
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Claim(s) 1-2, 10-12, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 103892762 A to Huang in view of KR 20230106437 A to Dongeui.
Re. claim 1, Huang discloses a toilet apparatus 1,2,3,4 (see figure below) comprising a toilet frame 1-3, a bowl 4, one or more stabilizer components 2, and a front support bar 6,61. Huang does not disclose contact sensors. The initial statement of intended use “for training an infant”, has been fully considered but do not appear to impose any patentably distinguishing structure over that disclosed by Huang. A recitation with respect to the manner which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Huang discloses a portable toilet with design aesthetics that are intended to be very comfortable for a user, allow easier defecation, prevent leg and foot numbness, backache phenomenon, and provide a supporting force to the waist.
Regarding the sensors, Huang does not disclose contact sensors. However, Dongeui teaches one or more contact sensors for a portable toilet for infants, and in particular, when an infant presses a button in the form of a character installed on a toilet seat, an agitation or a voice related to defecation is automatically flowed so that the infant can naturally learn the habit of defecation, i.e., training, amid voluntary interest (see description). Dongeui teaches (see figures 4 and 8) toilet training via interactive movements from the baby with the device such as using a button pressure sensor 45 for measuring the pressure transmitted through the button member 40, when a baby contacts the button with a hand, and a sitting detection pressure sensor 62 inside a seat to sense a load applied from an infant or child’s buttocks on the seat. Both sensors transmit a signal to a control unit 60 and in turn speakers 50 outputs a predetermined voice or sound related to bowel movements. The sound output through the speaker 50 may be nursery rhymes, voices, or sounds, or children's songs, voices, or sounds related to potty training. Therefore, in consideration of Huang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training device with one or more contact sensors in view of Dongeui because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Re. claim 2, Huang further discloses the front support bar is removeable, being attachable and detachable from the toilet frame at a frame-bar connector (see para 0029).
Re. claim 10, modified Huang in view of Dongeui, Dongeui teaches the contact sensors 45,62 are comprised in, on, under, and/or embedded in the toilet frame and/or the bowl (see figures 4 and 8). Dongeui teaches a button pressure sensor 45 indirectly on the frame (see figure 2) and a sitting detection pressure sensor 62 on or embedded in a seat (see figure 8). Therefore, in consideration of Huang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training device with contact sensors in, on, under, and/or embedded in the toilet frame and/or the bowl in view of Dongeui because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Re. claim 11, modified Huang in view of Dongeui, Dongeui teaches a controller 60 comprising one or more speakers 50, operably connected to the controller (“…a control unit which is electrically connected to the button member to output children's songs, voices or sounds related to bowel movement by means of the speaker when the baby presses the button member”-see description); one or more batteries (“…control unit 60 provided with battery for power supply”– see description); and one or more switches (see description, “The button member 40 can be configured by applying a known tact switch”), and wherein the controller is operably connected to the one or more contact sensors (“..a control unit which is electrically connected to the button member 40”-see description) and wherein the one or more contact sensors, the one or more speakers, and the one or more switches are powered by the one or more batteries (“…control unit 60 provided with battery for power supply”– see description). Therefore, in consideration of Huang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training apparatus with a controller, where the controller has one or more speakers that are operably connected to the controller; including one or more batteries; and one or more switches, and where the controller is operably connected to the one or more contact sensors, the one or more contact sensors, the one or more speakers, and where the one or more switches are powered by the one or more batteries in view of Dongeui because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Re. claim 12, modified Huang in view of Dongeui, Dongeui teaches an electric power from the one or more batteries (“…control unit 60 provided with battery for power supply”– see description); to the one or more contact sensors (see description, “The button member 40 can be configured by applying a known tact switch”), is activated and deactivated (“…when the infant presses the button member 40 with his or her hand, the switch is turned on” – see description) by the one or more switches (“…a control unit which is electrically connected to the button member 40”-see description).
Therefore, in consideration of Huang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training apparatus where electric power from the battery(s) to the contact sensor(s) is activated and deactivated by a switch(s) in view of Dongeui because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
Re. claim 15, As best understood by the Examiner, the modified Huang in view of Dongeui, Dongeui does not teach a switch activated by a parent. Instead, Dongeui teaches a button member or switch 40 visibly “situated” or positioned (see figure 1) on an armrest where a user has access to the member and is able to activate. The statement of intended use “may be activated by a parent” has been fully considered but does not appear to impose any patentably distinguishing structure over that disclosed by Dongeui. A recitation with respect to the manner which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Therefore, in consideration of Huang, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include a toilet training device one or more switches are situated such that the one or more switches may be activated by a parent in view of Dongeui because a person of ordinary skill has good reason to pursue the known options within his or her technical grasp.
HUANG:
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Conclusion
The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant’s disclosure. More specifically, US 11,607,089 B1 to Dove is directed to the state of the art as a teaching of a Interactive Smart Toilet Training Device, for young children with sensors to detect and track metrics of use to identify frequency and conditions of successful completion of toilet training.
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Claims 4-5, 7-9, 13-14, 16, 17-22 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
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