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 A, 1 and c in the reply filed on 2/22/26 is acknowledged.
Claims 7-8 and 15-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.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 2/22/26.
Claim Objections
Claims 1, 13-14 and 19-20 are objected to because of the following informalities:
Regarding claim 1, the claim defines a handle attached to the funnel which includes the requirement:
a handle having a first end connected to the receiving funnel and a second end formed away from the receiving handle
A ‘receiving handle’ has not been defined. If the ‘receiving handle’ is the ‘handle’ then it is unclear how one end of the handle would be ‘formed away’ from the handle itself. This appears to be a typographical error with ‘receiving funnel’ replaced with ‘receiving handle’. For the purpose of examination the claim is being interpreted as requiring:
a handle having a first end connected to the receiving funnel and a second end formed away from the receiving funnel
Claim 13, the second to last line reads “the lower opening of the tube spout it within the”.
Claim 14 requires “a number of flanges” before repeatedly referencing “flanges” in the plural. As such, for the purpose of examination, the phrase “a number of” is being interpreted as ‘a plurality of’.
Claim 19 is an apparatus claim which depends from claim 1 which is an apparatus claim however the claim language could be interpreted as claiming a process/method:
The urine collection system of claim 1, used as a waterless female urinals
A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 USC 112(b). See MPEP 2173.05(p).
For the purpose of examination claim 19 is being interpreted as requiring:
The urine collection system of claim 1, wherein the system is configured to be used as a waterless female urinal
Claim 20 is an apparatus claim which depends from claim 1 which is an apparatus claim however the claim language could be interpreted as claiming a process/method:
The urine collection system of claim 1, used as a medical urine samples collection container.
A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 USC 112(b). See MPEP 2173.05(p).
For the purpose of examination claim 20 is being interpreted as requiring:
The urine collection system of claim 1, wherein the system is configured to be used as a medical urine samples collection container.
Appropriate correction is required.
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.
Claims 1, 3-6 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over DE 29609181 (DE) in view of US 3,131,403 (Hill) and US 9,539,158 (Cassidy).
Regarding claim 1, DE discloses a urine collection system, the system comprising:
a receiving funnel (1/2) having an upper part (2; annotated figure below) and a lower part (1; annotated figure below),
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the upper part having a ring shape body with an upper rim defining an entrance opening and a side wall extending downwardly from the upper rim (Figs. 1, 2),
the lower part connected and extending downwardly from a lower edge of the upper part and having a funnel body and an exit opening formed at a bottom edge of the lower part of the receiving funnel (Figs. 1, 2),
a diameter of the body at the entrance opening is bigger than a diameter of the body at the exit opening (Figs. 1, 2; Annotated figure 1 below),
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the receiving funnel and the entrance opening sized and shaped to fit around user genitalia parts surrounding a perimetral region of all the genitalia parts (Figs. 1, 2; Specification); and
a collection container (5; Fig. 4) having a body with a base and a side wall extending upward from the base defining a collection cavity (Figs. 4, 5; Annotated figures below); and
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a collection container opening (Figs. 3, 4 annotated above; The container opening receives the spout 4 of the funnel), the opening of the collection container is connected to the lower part of the receiving funnel such that the exit opening of the receiving funnel is in fluid communication with the inner cavity of the collection container (Figs. 3, 4; Fluid flows through the funnel lower part 1, spout 4 and into the container 5).
While DE discloses that a flexible bag can be used as a container it doesn’t provide details of the bag’s construction such as whether the base comprises a crease which facilitates its expansion when filled. DE also does not disclose the inclusion of a handle on the funnel body.
Hill teaches a urine collection system comprising a container (30) in the form of a flexible bag and a funnel (20) configured to be placed against a user and direct urine into the container (C3 L18-30). Hill further teaches that the funnel body comprises a handle (33) integral with the funnel having a first end connected to an upper portion (210) of the receiving funnel (Fig. 1) and a second end formed away from the receiving funnel (Fig. 1), the handle shaped to help positioning and holding firmly the urine collection system against a user body during use (C3 L18-30) and additionally provides a hole (220) in the handle shaped as at least a single-finger hole (Fig. 1) for at least one finger to be insertable through the hole (C2 L18-23).
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It would have been obvious to one of ordinary skill in the art to provide an integral handle on the upper portion of the funnel with one end coupled to the funnel and an opposite end extending away from the funnel and comprising a single-finger hole in the handle, as taught by Hill, to provide a user a more convenient/ergonomic (doesn’t require reaching between a user’s legs to grip the funnel body itself).and/or sanitary (doesn’t require directly engaging the funnel/funnel rim which could expose a user’s hand to a urine stream) holding/gripping structure with which to manipulate/position/secure the funnel during use.
Cassidy teaches a urine collection system comprising a container in the form of a flexible bag (10) having a body with a base having a crease (30) and a sidewall (48/50) wherein the crease in the base allows the collection container to expand the base when full (Fig. 3 empty, Fig. 4 filled with expanded base) such that a circumference of the base increases allowing the collection container to stand stable upright (Fig. 4; C5 L5-8).
It would have been obvious to one of ordinary skill in the art to provide the container with a base having a crease which facilitates expansion of the base, as taught by Cassidy, so that prior to use the container can be stored in a compact form while upon use the base can be expanded which allows the container to stand upright on its own allowing safe/convenient storage/transport of a filled container (isn’t required to be held, carried or otherwise held by a specialized support).
Regarding claim 6, DE states that the ring shaped body of the upper part of the funnel has a straight conical wall (Fig. 1 – the full funnel body including integral top and bottom parts form a straight conical wall).
Regarding claim 11, DE states that the collection container is a flexible bag and DE in view of Hill and Cassidy teaches the inclusion of a crease in the base which facilitates expanding the container from a collapsed empty state to an expanded filled state as previously discussed. As such DE in view of Hill and Cassidy results in a container which is foldable or collapsable when empty.
Regarding claim 19, DE states that the urine collection system is configured for use as a waterless female urinal (Specification Para. 0006) (It doesn’t require water and comprises a container for holding urine and a funnel for directing urine and as such is structurally configured for use as a female urinal).
Regarding claim 20, DE states that the urine collection system is configured for use as a medical samples collection container (Specification Para. 0011- Fig. 4 depicts a urinalysis bag) (The urine collection system comprises a container for holding urine and as such is configured to collect and contain medical samples such as urine).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over DE in view of Hill and Cassidy as applied to claim 1 above, and further in view of US 2018/0177247 (Lin).
Regarding claims 9-10, DE does not state the inclusion of a closure down from and in proximity to the opening of the collection container in the form of a zipper seal closure.
Lin teaches a urine collection system comprising a funnel (3) and a collection container (2) in the form of a flexible bag. The collection container comprises an upper opening (21) for receiving a spout (32) of the funnel and a zipper seal closure (22; Para. 0037) formed down from and in proximity to the upper opening (Fig. 6) for sealing closed the collection container after use.
It would have been obvious to one of ordinary skill in the art to provide the collection container with a zipper seal closure down from and in proximity to the upper opening, as taught by Lin, so that after use the container can be temporarily sealed for transport and/or storage.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over DE in view of Hill and Cassidy as applied to claim 11 above, and further in view of WO 2021/191640 (Tsekouras).
Regarding claim 12, DE in view of Hill and Cassidy teaches a container comprising a base with a crease that facilitates expansion of the base as previously discussed but does not explicitly teach that the sidewalls of the container comprise pleats to also facilitate expansion of the container.
Tsekouras teaches a urine collection container (Figs. 1, 2) and teaches that the base (5) can be pleated (Fig. 2) along with two opposing sidewalls (6/7) (Fig. 2) so as to facilitate expansion of the urine container as required/desired (Abstract; Pg. 7 L3-9).
It would have been obvious to one of ordinary skill in the art to provide opposing pleated sidewalls on the container, as taught by Tsekouras, so as to facilitate collapsing the container for compact storage/transport and expansion of the container as required/desired during use.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over DE in view of Hill and Cassidy as applied to claim 1 above, and further in view of US 5,920,916 (Norton).
Regarding claim 13, DE further states that the receiving funnel comprises a tube spout (4) integrally connected to the lower part of the receiving funnel, the tube spout having a body defining a passageway with an upper opening joined to the exit opening of the receiving funnel and a lower opening (Fig. 1), the opening of the collecting container is tightly sealed to at least portion of the tube spout such that the lower opening of the tube spout is within the inner cavity of the collection container (Figs. 3, 4; Specification Para. 0007). DE, however, does not state the inclusion of a removable lid designed and sized to close the entrance of the receiving funnel.
Norton teaches a receiving funnel (10) for use with a urine collection system, the funnel comprising an upper entrance opening (14/22; Figs. 2-4) and a removable lid (18) designed and sized to close the entrance opening of the receiving funnel to contain odor and reduce contamination (C3 L24-30).
It would have been obvious to one of ordinary skill in the art to provide a removable lid designed and sized to close the entrance opening of the receiving funnel, as taught by Norton, so as to prevent spillage of a used container, prevent contamination of the container contents and/or to help contain odor between or after uses of the urine collection system.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over DE in view of Hill, Cassidy and Norton as applied to claim 13 above, and further in view of US 4,568,339 (Steer).
Regarding claim 14, DE further states that the tube spout comprises a flange (6) extending radially a predetermined distance from an outer surface of the tube spout body (Fig. 1) for securing the funnel and tube spout in the opening of a container however it doesn’t state that the flange is a plurality of flanges.
Steer teaches a receiving funnel (Figs. 1, 5) comprising an upper entrance opening (14/16), a funnel body (10) and a tube spout (12) comprising a number of flanges (44) that extend radially a predetermined distance from an outer surface of the tube spout body, the flanges being separated at a predetermined distance one from another (Figs. 7-8) so as to facilitate securing the tube spout to a container or drainage system.
It would have been obvious to one of ordinary skill in the art to provide a plurality of external flanges on the tube spout, as taught by Steer, to facilitate use of additional/different containers and/or to facilitate ‘force/friction fit’ connections with containers.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2002/0193762 (Suydam) teaches a urine collection system comprising a receiving funnel with a spout and a collection container comprising opposing sidewalls.
US 2005/0070864 (Fellion) teaches a urine collection system comprising a container with a base configured to facilitate the container standing upright and opposing foldable sidewalls for collapsing or expanding the container.
US 2007/0010792 (Kimura) teaches a urine collection system comprising a receiving funnel received in a spout comprising a plurality of external flanges which is secured in the opening of a container.
US 5,415,475 (Sandy) teaches a urine collection container comprising pleated opposing sidewalls.
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/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754