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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-8, and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 20020022811 A1) in view of Al Haibi (DE 102019000926 A1).
Regarding Claim 1, Kim discloses a portable urinal ("personal urine collecting apparatus" [0009]) comprising: a urine collector ("urine collector 20" [0040]; FIG. 3) being tubular in shape (see FIGs. 3 & 6), and the urine collector having:
a top end and a bottom end opposite to each other, and the bottom end being closed ([0053]; FIG. 6);
a first opening and a second opening formed on the top end of the urine collector (see Annotated FIG. 6);
an inner space formed in the urine collector and fluidly communicating with the first opening and the second opening (see Annotated FIG. 6); and
a urine level sensor ("infrared sensor 27c" [0090]) disposed in the inner space (see discussion below) and adjacent to the bottom end of the urine collector, and the urine level sensor configured to detect a urine level in the inner space ("collected urine in the collector body 21 is sensed by an infrared sensor 27c on both sides of a release socket 27 disposed on the lower portion of the collector body 21" [0090]; FIG. 7);
a suction assembly (driving means 60 [0040]; FIG. 11)) having: a urine pump ("urine discharge pump 61" [0079]; FIG. 14) fluidly communicating with the inner space via the second opening of the urine collector (see FIG. 6);
a urine exporting tube ("urine guide pipe 23" [0091]; FIG. ) connected to the urine pump ([0091]);
a controlling unit ("controller " [0094]) communicatively connected to the urine pump and the urine level sensor ("resulting signal is applied to the controller so that the urine discharge pump 61 of the driving means would stop operating" [0094]);
a container (30/40; FIG. 2) having: a urine opening ("hole 35" [0043]; FIG. 2) and a urine reservoir ("urine repository 30" [0040]; FIG. 1), and the urine opening fluidly communicating with the urine reservoir, the urine exporting tube fluidly communicating with the urine reservoir ("urine delivery pipe 64 is constructed to be fitted into the through hole 35 on the cap 33 of the urine container 31" [0083]).
Regarding the urine level sensor disposed in the inner space, Kim describes an analogous infrared sensor 56 “for determining the level of the cleansing water” (¶ [0066] On one side of the heating storage tank 51 is fitted an infrared sensor 56 as a sensor for determining the level of the cleansing water; FIG. 9). This suggests that the urine level sensor also similarly at least remain in close proximity with the targeted fluid since any material wall between the sensor and the fluid could render the sensor useless or inaccurate for determining fluid levels.
Also, the release socket 27 is configured to fit inside collector body 21 (¶ [0093] On one hand, the infrared sensor 27c fitted on the release socket 27 of the collector body 21 is attached on the outer side of a urine release portion 27a). This requires the whole release socket 27, including the urine release portion 27a and the infrared sensor 27c, to be located within the inner space of the collector body 21 (see FIG. 6).
Kim fails to specify the urine pump being adjustable in suctioning power. However, Al Haibi teaches a portable urine collector (“device that enables vehicle occupants and in particular the driver to urinate in the vehicle”; see Description) wherein the urine pump (“suction pump preferably acts 6”; FIG. 1) is adjustable in suctioning power (“power of the suction pump is preferably adjustable or controllable”; see Description). Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the device of Kim to incorporate the teachings of Al Haibi to adapt to individual needs such as size fit and urination speed (“detecting the correct fit”; see Description).
Annotated FIG. 6
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Regarding Claim 2, Kim discloses the urine level sensor ("infrared sensor 27c") has: a sensor portion being linear and extending along an axial direction of the inner space of the urine collector ("urine release portion 27a" [0059]; FIG. 7).
Regarding Claims 3-4, Kim discloses a urine suction opening is formed on the urine level sensor (see Annotated FIG. 7); and the suction assembly has: a urine suction tube ("urine guide pipe 23" [0091]; FIG. 3) fluidly communicating with the urine pump and the urine suction opening ([0091]; FIG. 2).
Annotated FIG. 7
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Regarding Claims 5-6, Kim discloses the suction assembly further has: a urine storage sensor located at the urine opening of the container, and the urine storage sensor communicatively connected to the controlling unit ("urine container 31 is provided with an infrared sensor at an upper end portion thereof for detecting amount of the stored urine and sends an alarm signal to the controller" [0044]).
Regarding Claims 7-8, Kim discloses the container further has: a water opening ("cleansing water delivery port 42" [0061]; FIG. 8) and a water reservoir (comprising of "cleansing water tank 40" & "heater 50" [0061]), and the water opening fluidly communicating with the water reservoir ([0061]; FIG. 8), the water reservoir and the urine reservoir isolated from each other ([0061]; FIG. 2); the urine collector further has: a nozzle ("injection nozzle 72" [0054]; FIG. 6) disposed in the inner space of the urine collector ("installed at one end of the cleansing water delivery pipe 71" [0054]; FIG. 6); the suction assembly further has: a water pump ("bidet pump 63" [0079]) fluidly communicating with the nozzle ([0097]); and a water suction tube ("cleansing water guide line 54" [0097]; FIG. 8), an end of the water suction tube disposed in the water reservoir, and another end of the water suction tube connected to the water pump ("cleansing water pumped by the bidet pump 63 flows along to the cleansing water guide line 54 connected to the heating storage tank 51, through a cleansing water delivery pipe in the urine guide pipe 23 to reach the collector body 21" [0097]).
Regarding Claim 19, Kim discloses the portable urinal further has: a controlling panel communicatively connected to the controlling unit ("switch 19 is installed on a front of the case 10, which is connected to the controller" [0042]).
Claim(s) 9-10, 13, 15, and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim/Al Haibi and further in view of Staali et al. (US 20200229964 A1).
Regarding Claims 9-10, Kim/Al Haibi fails to specify the urine collector further has: a retainer being tubular in shape, and an end of the retainer connected to the first opening. However, Staali teaches “a male catheter system for management of urinary incontinence” ([0015]) wherein the urine collector further has: a retainer being tubular in shape ("non-adhesive sheath 11"[0065]; FIG. 3a), and an end of the retainer connected to the first opening ([0086]; FIG. 10d). Therefore, it would have been obvious to modify Kim/Al Haibi as taught by Staali to suitably “receive the genital and to hold the genital while in use” ([0065]).
Regarding Claim 13, Kim/Al Haibi fails to specify the retainer has: a handle connected to another end of the retainer. However, Staali teaches the retainer has: a handle ("fixing means 141" [0061]; FIG. 3a) connected to another end of the retainer ("fixing means 141 on the upper proximate body 140c of the proximate end 140a of the isolation chamber 15 is affixed to the attachment means 4b of the wearable attachment 4" [0061]; FIG. 3a). Therefore, it would have been obvious to modify Kim/Al Haibi as taught by Staali to suitably secure the collection system “in desired position respective to the body without any adhesives” ([0012]).
Regarding Claim 15, Kim/Al Haibi fails to specify the retainer has: a connecting hole formed through the handle. However, Staali teaches the retainer has: a connecting hole formed through the handle ("fixing means 141 and attachment means including but is not limited to buttons with eyelets" [0065]; FIG. 3a). Therefore, it would have been obvious to modify Kim/Al Haibi as taught by Staali to suitably secure the collection system “in desired position respective to the body without any adhesives” ([0012]).
Regarding Claim 17, Kim discloses the urine collector further has: a pipe holder ("positioning member 77" [0055]; FIG. 6) mounted at the second opening (see FIG. 6) but fails to specify the pipe holder having a pressure balancing hole, the pressure balancing hole fluidly communicating with the inner space and an exterior of the urine collector. However, Staali teaches the pipe holder having a pressure balancing hole ("air vent 110" [0069]; FIGs. 6a-6b), the pressure balancing hole fluidly communicating with the inner space and an exterior of the urine collector ("to expel the air and odor from the isolation chamber" [0069]; FIGs. 6a-6b). Therefore, it would have been obvious to modify Kim/Al Haibi as taught by Staali to suitably "expel the air and odor from the isolation chamber" ([0069]).
Claim(s) 11-12, 14, 16, 18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim/Al Haibi/Staali and further in view of Anderson (US 5713880 A).
Regarding Claims 11-12, Staali teaches the retainer is elastic ("sheath 11 receives the genital from fixed end 10 and hold the genital and is 100-500% elastic" [0084]) and has: a channel formed through two opposite ends of the retainer ("sheath 11 receives the genital from fixed end 10" [0084]; FIG. 12) but fails to specify the channel being narrow in middle and wide at two ends of the channel. However, Anderson teaches “an external male catheter” (col. 2 ln. 8) wherein the channel being narrow in middle and wide at two ends of the channel ("first tubular portion 24 is connected at an opposite end to a second transition portion 28 which provides a transition in diameter to a reduced diameter portion 30" col. 5 ln. 26-28; FIG. 1). Therefore, it would have been obvious to modify Kim/Al Haibi/Staali as taught by Anderson such that the collection device “resists leakage" and “stays in place during use” (col. 2 ln. 9).
Regarding Claim 14, Kim/Al Haibi fails to specify the retainer has: a handle connected to another end of the retainer. However, Staali teaches the retainer has: a handle ("fixing means 141" [0061]; FIG. 3a) connected to another end of the retainer ("fixing means 141 on the upper proximate body 140c of the proximate end 140a of the isolation chamber 15 is affixed to the attachment means 4b of the wearable attachment 4" [0061]; FIG. 3a). Therefore, it would have been obvious to modify Kim/Al Haibi as taught by Staali to suitably secure the collection system “in desired position respective to the body without any adhesives” ([0012]).
Regarding Claim 16, Kim/Al Haibi fails to specify the retainer has: a connecting hole formed through the handle. However, Staali teaches the retainer has: a connecting hole formed through the handle ("fixing means 141 and attachment means including but is not limited to buttons with eyelets" [0065]; FIG. 3a). Therefore, it would have been obvious to modify Kim/Al Haibi as taught by Staali to suitably secure the collection system “in desired position respective to the body without any adhesives” ([0012]).
Regarding Claim 18, Kim discloses the urine collector further has: a pipe holder ("positioning member 77" [0055]; FIG. 6) mounted at the second opening (see FIG. 6) but fails to specify the pipe holder having a pressure balancing hole, the pressure balancing hole fluidly communicating with the inner space and an exterior of the urine collector. However, Staali teaches the pipe holder having a pressure balancing hole ("air vent 110" [0069]; FIGs. 6a-6b), the pressure balancing hole fluidly communicating with the inner space and an exterior of the urine collector ("to expel the air and odor from the isolation chamber" [0069]; FIGs. 6a-6b). Therefore, it would have been obvious to modify Kim/Al Haibi as taught by Staali to suitably "expel the air and odor from the isolation chamber" ([0069]).
Regarding Claim 20, Kim discloses the portable urinal further has: a controlling panel communicatively connected to the controlling unit ("switch 19 is installed on a front of the case 10, which is connected to the controller" [0042]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. The references provided on the attached PTO-892 form are considered relevant to applicant’s disclosure and are cited to further show the general state of the art.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Cheng Fong "Ted" Yang whose telephone number is (571)272-8846. The examiner can normally be reached 10am - 6pm (EST) M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca E. Eisenberg can be reached at (571) 270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Adam Marcetich/Primary Examiner, Art Unit 3781
Cheng Fong "Ted" Yang
Examiner
Art Unit 3781