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 .
Election/Restrictions
Applicant’s election without traverse of species V, Figs. 5A-5C, in the reply filed on 02/10/2026 is acknowledged.
Claims 1-5, 9, 11-12 and 15 have been withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to the nonelected species I, II, III, IV, VI, VII and VIII, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 02/10/2026.
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 “handle further includes one or more locking tabs” must be shown or the feature(s) canceled from the claims 7, 14 and 16. 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
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Radl et al. (WO 2021/016056) in view of Tanaka et al. (2008/0004576).
Radl et al. disclose a urine storage assembly for storing and disposing of urine collected from a user, the urine storage assembly (Figs. 11-13) comprising: a urine storage container 222 configured to store urine collected from the user and having an open end and a closed end distal to the open end; a lid 224 secured or securable to the open end of the urine storage container 222, the lid including a vacuum port 224A configured to attach to a vacuum conduit 26 in fluid communication with a vacuum source 10, a urine collection port 226B configured to attach to a urine collection conduit 24 in fluid communication with a urine collection device 22 such that urine collected from the user enters the urine storage container 222 through the urine collection port 226B when the vacuum source is activated, a urine disposal port 2400 sized and dimensioned to pour urine in the urine storage container 222 therethrough when the lid 224 is secured to the urine storage container, and a cap 230 secured or securable to the urine disposal port 2400. However, Radl et al. do not at least handle secured the urine storage container 222. Attention is directed to Tanaka et al. which teaches a urine storage assembly comprising a handle 21b secured to a urine storage container 2 for assisting carry by a user. Therefore, it would have been obvious to one of skill in the art to employ a handle on Radl et al. urine storage container view of the teaching of Tanaka for facilitating carry the urine storage container.
Claims 6, 8, 10 and 13, are rejected under 35 U.S.C. 103 as being unpatentable over Radl et al. (WO 2021/016056) in view of JP2019-10375.
Regarding claims 6, 8, 10 and 13, Radl et al. disclose a urine storage assembly for storing and disposing of urine collected from a user, the urine storage assembly comprising: a urine storage container 222 configured to store urine collected from the user and having an open end and a closed end distal to the open end; a lid 224 secured or securable to the open end of the urine storage container 222, the lid including a vacuum port 224A configured to attach to a vacuum conduit in fluid communication with a vacuum source 10, and a urine collection port 226B configured to attach to a urine collection conduit in fluid communication with a urine collection device 22 such that urine collected from the user enters the urine storage container 222 through the urine collection port when the vacuum source is activated. However, Radl et al. do not teach a handle secured or securable to the urine storage container at two opposing regions and pivotable between a downward position and an upright position. Attention is directed to JP2019-10375 which teaches a urine storage assembly comprising a handle 20A (Fig. 4) secured to a urine (excrement) storage container 20 at two opposing regions and pivotable between a downward position and an upright position. Therefore, it would have been obvious to one of skill in the art to employ a pivotal handle on Radl et al. urine storage container in view of the teaching of JP2019-10375 for facilitating carry the urine storage container.
Regarding claim 8, the lid 224 further includes a urine disposal port 2400 sized and dimensioned to pour urine in the urine storage container therethrough when the lid 224 is secured to the urine storage container, and a cap 230 secured or securable to the urine disposal port 2400.
Allowable Subject Matter
Claims 7 and 14 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.
Claims 16-23 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Fennell teaches a urine storage container 46 including a handle 18.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571)272-4890. The examiner can normally be reached Monday-Friday.
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HUYEN D. LE
Primary Examiner
Art Unit 3754
/HUYEN D LE/Primary Examiner, Art Unit 3754
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