DETAILED ACTION
This is responsive to the amendment dated 5/21/25.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 spring button, slide lock, and pin locks (cl. 1, cl. 16, cl. 20) 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.
Claim Rejections - 35 USC § 103
Claim(s) 1 – 5, 9 – 11, 12 – 13, 16-17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Zhou (CN109183938) in view of Joyce et al. (US 2,266,641 hereinafter Joyce), and in view of Lewis et al. (US 10,390,665, hereinafter Lewis).
Regarding claim 1, Zhou disclose a toilet seat device that acts to expand a conventional toilet seat to add comfort and stability for individuals (see fig. 2), the toilet seat device comprising: a toilet seat component (claim 1, see fig. 3); and a pair of handle components (2); a pair of spring button locks (button 9, 10 spring, 11/12, lock) and wherein each of the pair of handle components is secured to a rear portion (fig. 1, note that anything that is not the front is ‘a rear’) of side of the toilet seat component (fig. 3) via a pin joint (2 is attached to 3 at pins enabling rotation); and is configured to be locked in an expanded open position via a spring button lock (see machine translation, previously of record, p. 3, first paragraph, 12 prevents sliding block 4 from retracting under the action of spring 6, thus locking the handles in an expanded position) and further wherein the pair of handle components are expanded or retracted as needed (see attached machine translation, p. 3 “Specific implementation methods” to p. 4, end of first paragraph).
Zhou does not specifically show that the handles are attached to a bottom portion of the toilet seat. Attention is turned to Joyce which teaches that that it is known to connect movable wings (2,3) to the rear and underside of the toilet seat (6). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the handle components of Zhou on the underside of the seat toward the rear end in order to unobtrusively couple the handles.
Zhou does not show that the handle components have at least one transverse stabilizing member. Attention is turned to Lewis which teaches a toilet seat that is designed to support larger adults having transversely extending webbing (see fig. 5)(100T, 102T, 104T, 106T). It would have been obvious to one having ordinary skill in the art to have provided webbing, similar to that taught by Lewis in order to provide extra strength to the handle components when in the deployed position.
Regarding claim 2, Zhou as modified also shows that the device is capable of being used with commercial or residential components.
Regarding claims 3 - 5, Zhou as modified shows all of the instant invention as discussed above, but is silent as to the particulars of the toilet seat. Attention is again turned to Joyce which teaches a similar toilet seat that is size adjustable (fig. 1) including a conventional toilet seat (1) secured to a base with a set of hinges (11, 12, 13, 14) to allow the seat to open and close; the toilet seat being substantially oval (fig. 1) with a curvature towards and opening in the middle (see annotated figure below); and the toilet seat including left and right sections to form an opening in the middle. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided a conventional, hingedly connected seat in the device of Zhou, since such toilet seat shapes are common and standard in the plumbing arts.
Regarding claims 9- 11, Zhou as modified shows all of the instant invention as discussed above, and further provides that the pin joint (3,4) which allows the handle components to pivot outward from under the seat in an expanded, open position for use of cleaning, such that expansion accommodates the dimensions of a user’s buttocks, and the pin joint enables the handles to pivot inward back under the seat and in a closed position when not in use (machine translation, p. 4, second paragraph).
Regarding claim 12, Zhou as modified shows all of the instant invention as discussed above, but does not show specifically that the handle components are configured to hidden from view when not in use. Attention is again turned to Joyce which teaches which teaches that the handle components (2,3) are not visible and located under the toilet seat component when not in use (see phantom, in line fig. 1)(col. 1, 9-33). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have dimensioned the handle components of Zhou such that they are concealed when not in use for aesthetics and so that other people who do not need the handles can use the toilet conventionally.
Regarding claim 13, Zhou as modified shows all of the instant invention as discussed above, but does not specifically show the pair of handle components are approximately the same size and shape of the toilet seat component, and are left and right sided component that are mirror images of each other. Attention is turned to Joyce which teaches that the seat handle components are approximately the same size and shape as the toilet seat (1), that they are a left and right portion (2, 3), and they are approximately the same size and shape (see fig. 5) and mirror images. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have shaped the handle components of Zhou such that they are approximately the same size and shape as the toilet seat in order to more effectively store and conceal them.
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Regarding claim 16, Zhou discloses a toilet seat device that acts to expand a conventional toilet seat to add comfort and stability for individuals (see fig. 2), the toilet seat device comprising: a toilet seat component (claim 1, see fig. 3); and a pair of handle components (2); a pair of pin locks (12, note pin shape) and further wherein the pair of handle components are expanded or retracted as needed (see attached machine translation, p. 3 “Specific implementation methods” to p. 4, end of first paragraph) and lockable in the expanded open position via one of the pin locks (note that 12 prevents sliding block 4 of the pin joint from retracting thus providing locking); a pin joint (3,4); wherein the pin joint allows the pair of handle components to pivot outward from under the toilet seat in an expanded, open position for use or for cleaning; wherein the pin joint allows the pair of handle components to pivot inward back under the toilet seat component in a closed position when not in use; wherein expansion of the pair of handle components comfortably accommodates dimensions of a user's buttocks while sitting on the toilet (machine translation, p. 4, second paragraph).
Zhou does not show the particulars of the toilet seat. Attention is turned to Joyce which teaches a toilet seat component is a conventional toilet seat (1) secured to a toilet base via a set of hinges (17, 11, 12, 13), which allow the toilet seat component to open and close. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided a conventional, hingedly connected seat in the device of Zhou, since such toilet seat shapes are common and standard in the plumbing arts.
Zhou also does not specifically show that each of the pair of handle components is secured to a bottom face of the toilet seat component and coupled at a rear portion of the bottom face of the toilet seat component. Attention is again turned to Joyce which teaches that that it is known to connect movable wings (2,3) to the rear and underside of the toilet seat (6). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the handle components of Zhou on the underside of the seat toward the rear end in order to unobtrusively couple the handles.
Zhou also does not specifically provide that the pair of handle components are configured to be incorporated underneath the toilet seat component and hidden from view when not in use; wherein the pair of handle components are sized and shaped to be approximately same size and shape of the toilet seat component and comprise a right and a left component which are mirror images of each other; Attention is again turned to Joyce which teaches which teaches that the handle components (2,3) are not visible and located under the toilet seat component when not in use (see phantom, in line fig. 1)(col. 1, 9-33). Joyce further shows that the handle components are approximately the same size and shape of the toilet seat, and comprise mirror image left and right halves (see annotated figure above). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have dimensioned the handle components of Zhou such that they are concealed when not in use for aesthetics and so that other people who do not need the handles can use the toilet conventionally.
Zhou does not show the pair of handle components comprise at least one transverse stabilizing member on a rear surface of the pair of handle components, to support the pair of handle components when in an expanded position. Attention is turned to Lewis which teaches a toilet seat that is designed to support larger adults having transversely extending webbing (see fig. 5)(100T, 102T, 104T, 106T). It would have been obvious to one having ordinary skill in the art to have provided webbing, similar to that taught by Lewis in order to provide extra strength to the handle components when in the deployed position.
Regarding claim 17, Zhou shows all of the instant invention as discussed above, but does not specify that the handles are expandable in various degrees. Attention is turned to Joyce which shows that the handle components (2,3) are adjustable in degrees, depending on user preference (see 6, and note that the amount of the handles is based on how much 6 rotates). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided adjustability in the device of Zhou so that users over various weights may be accommodated.
Regarding claim 20, the method of expanding a toilet seat to add comfort and stability for obese and elderly individuals, the method comprising the following steps: providing a toilet seat device comprising a standard toilet seat component with extendable handle components on each side and a pair of slide locks (9, 10, 12 telescope into and out of engagement and thus are slide locks); extending the handle components in an open position; utilizing the handle components to sit down on the standard toilet seat component to use the toilet; utilizing the handle components to stand up from the standard toilet seat component; and retracting the handle components in a closed position; wherein each component is secured to a rear portion (fig. 1, note that anything that is not the front is ‘a rear’) of the toilet seat component via a pin joint (3, 4) and is configured to be locked in the open position via one of the slide locks 9note that 12 prevents slide block 4 from retracting and thus is a lock). The method performed by the normal use of the device of Zhou. See machine translation, p. 4, second full paragraph.
Zhou also does not specifically show that each of the pair of handle components is secured to a bottom face of the toilet seat component and coupled at a rear portion of the bottom face of the toilet seat component. Attention is again turned to Joyce which teaches that that it is known to connect movable wings (2,3) to the rear and underside of the toilet seat (6). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the handle components of Zhou on the underside of the seat toward the rear end in order to unobtrusively couple the handles.
Zhou does not show the pair of handle components comprise at least one transverse stabilizing member on a rear surface of the pair of handle components, to support the pair of handle components when in an expanded position. Attention is turned to Lewis which teaches a toilet seat that is designed to support larger adults having transversely extending webbing (see fig. 5)(100T, 102T, 104T, 106T). It would have been obvious to one having ordinary skill in the art to have provided webbing, similar to that taught by Lewis in order to provide extra strength to the handle components when in the deployed position.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Zhou, Joyce, and Lewis, as applied to claim 16, in view of Rane (US 10,010,228).
Regarding claim 18, Zhou shows all of the instant invention as discussed above, but does not show indicia. Attention is turned to Rane which teaches that it is known to provide positioning indicia on a toilet accessory (claim 2). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided marking or instructional indicia on the device of Zhou so that a user knows how to effectively use and position the wings.
Response to Arguments
Applicant’s arguments have been fully considered but are not persuasive.
As to claims 1, 16, and 20, Applicant argues that a rotating rod a slide block is not a pin joint. The Examiner disagrees and notes that the rotating rod and slide block use pin connections and are thus pin joints.
Applicant’s arguments as to the spring lock buttons of Zhou and claim 1 have been addressed in the rejection above.
As to claim 20, applicant argues that Zhou does not teach a slide lock. The Examiner disagrees and notes that 12 slides into and out of engagement based on the action of the spring. See the rejection above.
As to claim 16, applicant argues that Zhou does not teach a pin lock. Applicant is referred to the pin like structure of 12. See the rejection above.
It appears that applicant is more narrowly construing the terms “pin lock,” “slide lock”, and “spring lock.” However, the examiner notes that these are not art specific terms with fixed definitions and thus any locking mechanism having the structural features of “pin,” “slide”, or “spring button” will read on the claims.
In response to applicant's argument that Lewis does not teach a stabilizing rib in association with handles, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
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/ERIN DEERY/Primary Examiner, Art Unit 3754