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 .
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, 365(c), or 386(c) is acknowledged. Applicant has not complied with one or more conditions for receiving the benefit of an earlier filing date under 35 U.S.C. 119(e) and 120 as follows:
The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994)
The disclosure of the prior-filed application, Application No. 29/757545, 16/168689, 14/928942, 62/131571, 62/117453, 62/117448, 62/111801 fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. Nowhere is there support for “waterproof body member” or “waterproof light”. Accordingly, claims 1-20 are not entitled to the benefit of any of the prior applications, making the effective filing date of the present application September 4, 2023.
This application repeats a substantial portion of prior Application No. 16/168689, filed October 23, 2018, and adds disclosure not presented in the prior application. Because this application names the inventor or at least one joint inventor named in the prior application, it may constitute a continuation-in-part of the prior application. Should applicant desire to claim the benefit of the filing date of the prior application, attention is directed to 35 U.S.C. 120, 37 CFR 1.78, and MPEP § 211 et seq. The presentation of a benefit claim may result in an additional fee under 37 CFR 1.17(w)(1) or (2) being required, if the earliest filing date for which benefit is claimed under 35 U.S.C. 120, 121, 365(c), or 386(c) and 1.78(d) in the application is more than six years before the actual filing date of the application.
Applicant states that this application is a continuation or divisional application of the prior-filed application. A continuation or divisional application cannot include new matter. Applicant is required to delete the benefit claim or change the relationship (continuation or divisional application) to continuation-in-part because this application contains the following matter not disclosed in the prior-filed application: Nowhere is there support for “waterproof body member” or “waterproof light”.
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 toilet light system, the arm that rests on the rim, the light within the toilet bowl, the body member on the outside of the toilet bowl, the cavity within the waterproof body member to receive the adjustable arm and the solar cell recharging the battery 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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required: The specification does not describe the arm resting on the rim, the light being within the toilet bowl, the body member on the outside of the bowl, the settings button allows a user to deactivate the light detector and a solar cell that recharges the battery.
Claim Rejections - 35 USC § 103
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(s) 1-17, 19, 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Alexander et al. (U.S. PGPUB 2017/0122535) in view of Herber (U.S. PGPUB 2008/0041711) and Veneto (U.S. PGPUB 2012/0068613).
Regarding claim 1, Alexander et al. disclose (Figs.) a compact motion-activated utility light with adjustable arm, the compact motion-activated utility light with adjustable arm comprising: a body member (11), the body member configured to be placed at a side of a toilet bowl; a light (16), the light configured to be placed on at the side of the toilet bowl; a power source (inside 15), within the body member; a settings button (14), wherein the settings button changes the color of light from a first color to a second color ([0020]); at least one adjustable arm (17) connecting the light to the body member, wherein the adjustable arm: is flexible such that it can be bent and form to fit a location ([0021]); and physically supports the waterproof light; and a motion detector (12) situated on the body member and directed away from the body member so as to detect motion a distance away from the body member and configured to activate the power source when motion is detected; wherein the power source is configured to energize the light when the motion detector senses motion. Alexander et al. do not disclose the body member placed on the outside of the toilet bowl, the light placed on the inside of the toilet bowl and the arm can be shaped to match the shape of a toilet rim. Herber teach (Fig. 3) a body member (22) placed outside a toilet bowl, a light (28) placed inside the toilet bowl and an arm (24) shaped to match the shape of a toilet rim. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a configuration in the apparatus of Alexander et al. in view of Herber for easy installation and removal to illuminate inside the toilet bowl as taught, known and predictable. Alexander et al. and Herber to not specifically disclose a waterproof light and body member. Veneto teaches ([0037], [0038]) a sealing arrangement for waterproofing a light (10) and body member (6). Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide a water proof light and body member in the apparatus of Alexander et al. in view of Herber and Veneto to seal the electrical parts to further longevity of the device as taught, known and predictable.
Regarding claims 2-12, Alexander et al. in view of Herber and Veneto disclose the claimed invention as set forth above. Alexander et al. further disclose (claim 7, 8) a timer, means for attachment (suction cups 18, 19; [0019] glue, tape or stickers), a dispenser (claims 9, 10), the button changing from visible to short UV ([0020] LED light or a UV light… in a disinfecting mode), the arm comprises fiber optics or a light pipe ([0021]), germicidal spray ([0022]), a light detector (claim 2) and a cavity ([0018]) in the body member as claimed.
Claim(s) 13-17, 19, 20, is/are rejected under 35 U.S.C. 103 as being unpatentable over Alexander et al. in view of Herber and Veneto, further in view of Guinon (U.S. PGPUB 2013/0100652).
Regarding claims 13-17, 19, 20, Alexander et al. in view of Herber and Veneto disclose the claimed invention as set forth above. Alexander et al. further disclose (claim 7, 8) a timer, means for attachment (suction cups 18, 19; [0019] glue, tape or stickers), a dispenser (claims 9, 10), the button changing from visible to short UV ([0020] LED light or a UV light… in a disinfecting mode), the arm comprises fiber optics or a light pipe ([0021]), germicidal spray ([0022]), a light detector (claim 2) and a cavity ([0018]) in the body member as claimed. Alexander et al. further disclose ([0020]) a solar cell as a power source. Alexander et al., Herber and Veneto do not disclose the solar cell recharging a battery. Guinon teaches ([0013]) a motion sensitive light (100) having a battery and a solar cell for recharging the battery. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide a solar cell for recharging the battery of Alexander et al. in view of Herber, Veneto and Guinon to provide a more reliable power source or renewable energy source for a rechargeable battery as taught, known and predictable.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Alexander et al. in view of Herber, Veneto and Guinon, further in view of Trice et al. (U.S. PGPUB 2019/0313511).
Regarding claim 18, Alexander et al. in view of Herber, Veneto and Guinon disclose the claimed invention as set forth above. Alexander et al., Herber, Veneto and Guinon do not disclose the settings button allows a user to deactivate the light detector. Trice et al. teach (Fig. 10; [0053]) a button (20) used to deactivate a light detector along with other different modes of a light. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide the same settings button to deactivate the light sensor in the apparatus of Alexander et al. in view of Herber, Veneto, Guinon and Trice et al. to consolidate control and reduce costs, and allow for light detector override as desired, as taught, known and predictable.
Claims 1-5, 7, 9, 12, is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn (U.S. Patent 5,136,476) in view of Veneto (U.S. Patent Application Publication 2012/0068613) and Kiser (U.S. Patent Application Publication 2016/0037610).
Regarding claims 1, 2, 4, Horn discloses (Figs.) a compact motion-activated utility light with adjustable arm, the compact motion-activated utility light with adjustable arm comprising: a body member (30), the body member configured to be placed on the outside of a toilet bowl; a light (LED 32), the light configured to be placed on the inside of the toilet bowl; a power source (38), within the body member; at least one adjustable arm (34/36) connecting the light to the body member, wherein the adjustable arm: is flexible (deformability) such that it can be shaped to match the shape of a toilet rim on the toilet bowl by a user; and physically supports the light (col. 3, lines 1-39); and a light detector (42) situated on the body member and directed away from the body member so as to detect a light a distance away from the body member and configured to activate the power source when light is detected; wherein the power source is configured to energize the light when the light detector senses light. Horn does not specifically disclose a waterproof body member, a waterproof light and a motion detector. Veneto teaches a similar device having a waterproof body member ([0038]), a waterproof light ([0037]) and having a motion sensor (8) to detector motion and activate a light. Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide waterproof elements and a motion detector in the apparatus of Horn in view of Veneto to protect the device from water damage and to obtain a more accurate indication of presence as taught, known and predictable. Veneto further disclose ([0048]) different colored lights. Horn and Veneto do not disclose a settings button to change the color of light from a first color to a second color. Kiser teaches ([0046]) a toilet light having a setting button (30C) to change the light color. Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide a setting button as claimed in the apparatus of Horn in view of Veneto and Kiser to allow a user to pick a desired color as taught, known and predictable.
Regarding claims 3, 5, 7, 9, 12, Horn in view of Veneto and Kiser discloses the claimed invention as set forth above. Horn does not specifically disclose a timer. Veneto teaches ([0022], claim 14) a timer and a means for attachment ([0040] adhesives) as claimed. Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide a timer and an attachment means in the apparatus of Horn in view of Veneto and Kiser to conserve power and secure the device to the toilet as taught, known and predictable.
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Veneto and Kiser, further in view of Liu (U.S. Patent Application Publication 2009/0141485).
Regarding claim 8, Horn in view of Veneto and Kiser disclose the claimed invention as set forth above. Horn, Veneto and Kiser do not disclose cavity within the body member for receiving at least a portion of the arm as claimed. Liu teaches (Figs.) a utility light with an adjustable arm wherein the body member (10) has a cavity (101) for receiving at least a portion of the arm (21, 22). Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide such a structure in the apparatus of Horn in view of Veneto, Kiser and Liu to make the device more adjustable or compact as taught, known and predictable.
Claim 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Veneto, and Kiser further in view of Penn (U.S. Patent Application Publication 2008/0028505) and Hagleitner (U.S. Patent Application Publication 2005/0082383).
Regarding claim 6, Horn in view of Veneto and Kiser disclose the claimed invention as set forth above. Horn, Veneto and Kiser do not disclose a dispenser that disperses an air freshener. Penn teaches ([0056]) a similar device that has a dispenser that disperses an air freshener (fragrance). Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide such a dispenser in the apparatus of Horn in view of Veneto, Kiser and Penn to freshen the air around a toilet as taught, known and predictable. Horn, Veneto and Penn do not disclose dispersing when the power source de-energizes. Hagleitner teaches ([0004]) dispensing when no more movement is detected. In combination, when no more movement is detected in Horn in view of Veneto, Kiser and Penn, the power source de-energizes and thus would dispense. It would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide such a condition in the apparatus of Horn in view of Veneto, Kiser, Penn and Hagleitner to avoid spraying users as taught, known and predictable.
Claims 10, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Veneto and Kiser, further in view of Herber (U.S. Patent Application Publication 2008/0041711).
Regarding claims 10, 11, Horn in view of Veneto and Kiser disclose the claimed invention a set forth above. Veneto further discloses ([0040]) the attachment means can be any other appropriate means. Horn, Veneto and Kiser do not disclose suction cups. Herber teaches ([0031]) in a similar device using suction cups to attach a light. Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide such suction cups as claimed in the apparatus of Horn in view of Veneto, Kiser and Herber to easily fix and remove the device to/from the toilet as taught, known and predictable.
Claims 13, 16, 17, 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Veneto, Kiser, Penn, Hagleitner, Herber and Huang (U.S. PGPUB 2012/0327640).
Regarding claims 13, 16, 17, 19, Horn in view of Veneto disclose the claimed invention a set forth above. Veneto does disclose ([0048]) different colored lights. Horn and Veneto do not disclose a settings button to change the color of light from a first color to a second color. Kiser teaches ([0046]) a toilet light having a setting button (30C) to change the light color or some other function. Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide a setting button as claimed in the apparatus of Horn in view of Veneto and Kiser to allow a user to pick a desired color as taught, known and predictable.
Horn, Veneto and Kiser do not disclose a dispenser that disperses an air freshener or germicidal spray. Penn teaches ([0056]) a similar device that has a dispenser that disperses an air freshener (fragrance) or germicidal spray (62). Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide such a dispenser in the apparatus of Horn in view of Veneto, Kiser and Penn to freshen the air around a toilet or provide sanitizing spray as taught, known and predictable. Horn, Veneto, Kiser and Penn do not disclose dispersing when the power source de-energizes. Hagleitner teaches ([0004]) dispensing when no more movement is detected. In combination, when no more movement is detected in Horn in view of Veneto, Kiser and Penn, the power source de-energizes and thus would dispense. It would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide such a condition in the apparatus of Horn in view of Veneto, Kiser, Penn and Hagleitner to avoid spraying users as taught, known and predictable.
Horn, Veneto, Kiser, Penn and Hagleitner do not specifically disclose suction cups as claimed. Veneto further discloses ([0040]) the attachment means can be any other appropriate means. Herber teaches ([0031]) in a similar device using suction cups to attach a light. Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide such suction cups as claimed in the apparatus of Horn in view of Veneto, Kiser, Penn, Hagleitner and Herber to easily fix and remove the device to/from the toilet as taught, known and predictable.
Horn, Veneto, Kiser, Penn, Hagleitner and Herber do not disclose a solar cell used to recharge the battery as claimed. Huang teaches (Figs.; [0021]) having a solar cell (20) used to convert light to electric energy stored in the battery. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide such a solar cell in the apparatus of Horn, Veneto, Kiser, Penn, Hagleitner, Herber in view of Huang to provide a renewable energy option as taught, known and predictable.
Claim 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Veneto, Kiser, Penn, Heagleitner, Herber, Huang and further in view of Liu.
Regarding claim 20, Horn in view of Veneto, Kiser, Penn, Heagleitner, Herber, Huang disclose the claimed invention as set forth above. Horn, Veneto, Kiser, Kiser, Penn, Heagleitner, Herber, Huang do not disclose cavity within the body member for receiving at least a portion of the arm as claimed. Liu teaches (Figs.) a utility light with an adjustable arm wherein the body member (10) has a cavity (101) for receiving at least a portion of the arm (21, 22). Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide such a structure in the apparatus of Horn in view of Veneto, Kiser, Kiser, Penn, Heagleitner, Herber, Huang and Liu to make the device more adjustable or compact as taught, known and predictable.
Claim 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Veneto, Kiser, Penn, Heagleitner, Herber, Huang and further in view of Kao (U.S. PGPUB 2005/0185420).
Regarding claim 15, Horn in view of Veneto, Kiser, Penn, Heagleitner, Herber, Huang disclose the claimed invention as set forth above. Horn, Veneto, Kiser, Kiser, Penn, Heagleitner, Herber, Huang do not disclose the arm includes fiber optics or a light pipe as claimed. Kao teaches ([0004]) using fiber optics to guide light to various other locations. Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide fiber optics or a light pipe in the apparatus of Horn in view of Veneto, Kiser, Kiser, Penn, Heagleitner, Herber, Huang and Kao to relocate the light source in a dryer environment or distribute the light to more locations as taught, known and predictable.
Claim 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Veneto, Kiser, Kiser, Penn, Heagleitner, Herber, Huang further in view of Trice et al.
Regarding claim 18, Horn in view of Veneto, Kiser, Kiser, Penn, Heagleitner, Herber, and Huang disclose the claimed invention as set forth above. Horn in view of Veneto, Kiser, Kiser, Penn, Heagleitner, Herber and Huang do not disclose the settings button allows a user to deactivate the light detector. Trice et al. teach (Fig. 10; [0053]) a button (20) used to deactivate a light detector along with other different modes of a light. Thus, it would have been obvious to a person of ordinary skill in the art before the time of the effective filing of the invention to provide the same settings button to deactivate the light sensor in the apparatus of Horn in view of Veneto, Kiser, Kiser, Penn, Heagleitner, Herber, Huang and Trice et al. to consolidate control and reduce costs, and allow for light detector override as desired, as taught, known and predictable.
Claim 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Horn in view of Veneto, Kiser, Penn, Heagleitner, Herber, Huang and further in view of Schultz et al. (U.S. PGPUB 2016/0037985).
Regarding claim 14, Horn in view of Veneto, Kiser, Penn, Heagleitner, Herber, Huang disclose the claimed invention as set forth above. Horn, Veneto, Kiser, Kiser, Penn, Heagleitner, Herber, Huang do not disclose the button changes the light emitted from a visible wavelength to a short wavelength UV light as claimed. Schultz et al. teach ([0043]) a button (toggle switch) used to select between visible light or short UV (UVC) light. Thus, it would have been obvious to a person of ordinary skill in the art at the time of the effective filing of the invention to provide a button to switch between visible and short UV light in the apparatus of Horn in view of Veneto, Kiser, Kiser, Penn, Heagleitner, Herber, Huang and Schultz to provide more varied light as desired for different situations as taught, known and predictable.
Conclusion
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/THANH LUU/Primary Examiner, Art Unit 2878