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 .
Response to Amendment
Applicant canceled claims 1-4 and added claims 5-14. Claims 5-14 are currently pending.
Response to Arguments
Applicant’s arguments, see pages 4-5 of Application’s Remarks, filed 03/19/26, with respect to the rejections of claims 1-4 under 35 U.S.C. 112(b) as being indefinite have been fully considered and are persuasive in light of the cancelation of claims 1-4. Therefore, the rejections have been withdrawn.
Applicant’s arguments, see pages 5-7 of Applicant’s Remarks, with respect to the rejections of canceled claims 1 and 3 under 35 U.S.C 103 as being unpatentable over Van Gorkom in view of Packer, in further view of Geisel, in further view of Saroha, in further view of Birbara, in further view of Parmer, and in further view of Say, and of claims 2 and 4 as unpatentable over Van Gorkom in view of Packer, in further view of Geisel, in further view of Saroha, in further view of Birbara, in further view of Parmer, in further view of Say, and in further view of Brodeur, have been fully considered and are not persuasive. In light of the cancelation of claims 1-4 and addition of new claims 5-14, new grounds of rejection have been made as indicated below.
Applicant argues, see pages 6-7, that primary reference Van Gorkom and secondary reference Packer disclose passive urination devices that rely on gravity flow, in contrast to the claimed invention which actively transports urine using a pump. However, as discussed in detail below, at least Van Gorkom discloses the use of a pump to transport urine through the device.
Applicant further argues that there is no teaching or suggestion in the prior art that would motivate a person of ordinary skill in the art to modify a passive urination funnel to include a pump-driven, continuous fluid transport system integrated into a portable user-operated device. However, the previous rejection of claims 1-4, and the current rejection detailed below, involves the modification of a portable user-operated device with a pump-driven, continuous fluid transport system as taught by Van Gorkom to have a funnel-shaped portion to enable it to be used in a standing position as taught by Packer.
Claims 5 and 7-14 are rejected under 35 U.S.C. 103 as being unpatentable over Van Gorkom et al. (WO 2023/149863 A1) in view of Packer (US 3,964,111 A) and in further view of Daneshvar (US 5,701,612 A).
Regarding claim 5, Van Gorkom discloses an electric portable device configured to facilitate urination (Figs. 2A-B, feat. 200; ¶0004-0006 and 0016-0020), comprising a fluid collector comprising a receptacle shaped to conform to a vulva (227; ¶0025), a pump disposed in fluid communication with the receptacle (230; ¶0042-0043), a hose (208) coupled to the pump (230) and extending to a distal end of the device (212; ¶0040-0043 and 0046), and a rechargeable power source (236; ¶0045), wherein the receptacle, pump, and hose define a continuous fluid flow path (Fig. 2A, feats. 227, 208, and 230; ¶0040-0043 and 0046), and wherein the pump is configured, upon user actuation, to actively transport urine collected in the receptacle through the continuous fluid flow path and out of the distal end of the device (¶0040-0043 and 0046).
Van Gorkom is silent with respect to the device facilitating urination while standing, and does not disclose that the fluid collector includes a funnel-shaped lower portion. Van Gorkom discloses that the pump may be electrically powered by the rechargeable power source (¶0042-0043 and 0045), but does not explicitly disclose that a motor is operatively coupled to the pump, or that the rechargeable power source is electrically connected to the motor.
Packer teaches a urine conducting apparatus (Figs. 1-7a, feat. 1) comprising a fluid collector with a tapered, funnel-shaped body (1a) with a wide inlet mouth region (3) shaped to sealingly engage the body of the user (Col. 2, lines 32-39). The apparatus further includes a pliable, or moldable, outlet spout (4) which is movable under manual pressure from the user to enable the user to direct the outlet flow in any desired direction (Col. 2, line 55 – Col. 3, line 10). Packer teaches that a urine conducting apparatus with these features enables women to urinate from a standing position (Abstract; Col. 1, lines 4-7) which advantageously allows women to avoid contact with unsanitary facilities while urinating (Col. 1, lines 8-14). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device disclosed by Van Gorkom so that the device is configured to facilitate urination while standing and so that the fluid collector includes a funnel-shaped lower portion in order to allow women to avoid contact with unsanitary facilities when urinating as taught by Packer.
Van Gorkom in view of Packer does not suggest that a motor is operatively coupled to the pump or that the rechargeable power source is electrically connected to the motor.
Daneshvar teaches a urine collection device (Figs. 1 and 24-27; Col. 4, line 66 – Col. 5, line 22) comprising a suction pump (91) comprising an electric motor (106) which turns fan blades and is electrically connected (111) to a battery power source (93). Daneshvar teaches that such a suction pump may be turned on and off by a user to suction urine into the collection device (Col. 1, lines 44-54). Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Van Gorkom in view of Packer so that a motor is operatively coupled to the pump and so that the rechargeable power source is electrically connected to the motor in order to allow the pump to be turned on and off by a user to suction urine into the collection device as taught by Daneshvar.
Regarding claim 7, Van Gorkom in view of Packer and in further view of Daneshvar suggests the device of claim 5, and Van Gorkom further discloses a user-actuatable control configured to initiate operation of the pump (Fig. 2A, feat. 232; ¶0044-0045).
Regarding claim 8, Van Gorkom in view of Packer and in further view of Daneshvar suggests the device of claim 5, and Van Gorkom further discloses a disposable insert (Fig. 2A, feat. 220; ¶0040-0041 and 0046) positioned within the fluid collector (227).
Regarding claim 9, Van Gorkom in view of Packer and in further view of Daneshvar suggests the device of claim 5, and Van Gorkom further discloses that the continuous fluid flow path is substantially closed between the receptacle and the distal end (Fig. 2A, feats. 227, 208, and 230; ¶0040-0043 and 0046).
Regarding claim 10, Van Gorkom in view of Packer and in further view of Daneshvar suggests the device of claim 9, and Van Gorkom further discloses that the continuous fluid flow path is configured to prevent leakage of urine during operation of the pump (¶0040).
Regarding claim 11, Van Gorkom in view of Packer and in further view of Daneshvar suggests the device of claim 9. Packer further teaches that the funnel-shaped urine conducting apparatus provides a fluid-tight seal against the body of the user (Col. 1, line 58 – Col. 2, line 2; Col. 3, lines 25-37). Therefore, Van Gorkom in view of Packer and in further view of Daneshvar further suggests that the receptacle is configured to form a seal with a user’s body during operation.
Regarding claims 12-13, Van Gorkom in view of Packer and in further view of Daneshvar suggests the device of claim 5. As discussed above, Packer teaches that the apparatus further includes a pliable, or moldable, outlet spout (4) which is movable under manual pressure from the user to enable the user to direct the outlet flow in any desired direction, even while in use (Col. 2, line 55 – Col. 3, line 10). Therefore, Van Gorkom in view of Packer and in further view of Daneshvar further suggests that the device comprises a moldable distal end configured to allow a user to selectively direct urine discharged from the distal end, with respect to claim 12, and that the moldable distal end is manually deformable during operation of the pump to adjust a direction of discharge, with respect to claim 13.
Regarding claim 14, Van Gorkom in view of Packer and in further view of Daneshvar suggests the device of claim 5, and Van Gorkom further discloses a user-actuatable control configured to initiate operation and terminate operation of the pump (Fig. 2A, feat. 232; ¶0044-0046).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Van Gorkom in view of Packer, in further view of Daneshvar, and in further view of Geisel (US 6,546,566 B1).
Regarding claim 6, Van Gorkom in view of Packer and in further view of Daneshvar suggests the device of claim 5, but does not disclose a fine netting screen positioned within the fluid collector.
Geisel teaches a unisex urination system (Figs. 1-5; Col. 1, line 61 – Col. 2, line 29) comprising a urinary aid device (Figs. 1-5, feat. 32; Col. 3, lines 32-50) with a funnel portion for receiving urine (34) and a hose portion (44). The funnel portion (Figs. 3-4, feat. 34) includes a mesh screen (48) positioned at the end of the funnel interfacing with the hose portion (44) which advantageously prevents foreign objects from entering the hose portion (Col. 4, lines 11-18). The funnel portion and hose portion of Geisel are respectively analogous to the fluid collector and hose of Van Gorkom in view of Packer and in further view of Daneshvar, and therefore modifying the device of Van Gorkom in view of Packer and in further view of Daneshvar to include a screen at the end of the funnel of the fluid collector interfacing with the hose would advantageously prevent foreign objects from entering the hose as taught by Geisel. Therefore, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device suggested by Van Gorkom in view of Packer and in further view of Daneshvar so that it comprises a fine netting screen positioned at the end of the funnel in order to prevent foreign objects from entering the hose as taught by Geisel.
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 ARJUNA P CHATRATHI whose telephone number is (571)272-8063. The examiner can normally be reached M-F 8:30-5:00.
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/ARJUNA P CHATRATHI/Examiner, Art Unit 3781
/JESSICA ARBLE/Primary Examiner, Art Unit 3781