DETAILED ACTION
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 5-10, 14 & 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Music [US 11,089,924]. Music teaches of a cabinet (defined as a “toilet brush cabinet” – col. 13) comprising: a housing (figs. 1-2) having a rear wall (shown in fig. 2), a front wall (shown in fig. 1), and a peripheral wall (peripheral sides, top and bottom wall of (102) – fig. 1) extending between the rear wall and the front wall to define an interior space (102) between the rear wall and the front wall, the front wall being movably coupled (shown in fig. 3) to the peripheral wall such that the front wall is openable to provide access to the interior space (fig. 3), the peripheral wall having a top side and a bottom side (top and bottom sides as best shown in fig. 2), the housing having a height measured between the top side and the bottom side (fig. 2), the height being at least 20.0 inches (Music describes a height of the base unit of the cabinet being twenty-four inches in height [see col. 13, lines 43-48] and additionally notes that after choosing a location for mounting the cabinet, a (20 inch X 141/2 inch) hole is cut into a wall and the cabinet inserted [see col. 14, lines 3-9]), wherein the housing is configured for holding both a toilet brush and a toilet plunger within the interior space (Music describes the storage of both a toilet brush [col. 11] and a plunger [col. 13]); and a lip (bottom (308)) having opposite ends (left and right ends – fig. 3) coupled to the peripheral wall and being spaced from the rear wall, the lip having a bottom edge (bottom edge of the lip – fig. 3) coupled to the peripheral wall between the opposite ends of the lip (shown), wherein the lip defines a well at a bottom of the interior space whereby the lip is configured to retain a fluid within the well (shown). As to Claim 2, the housing has a rectangular shape (fig. 2). As to Claim 5, the cabinet further comprising a hinge (318) pivotably coupling the front wall to the peripheral wall. As to Claim 6, the cabinet further comprising a closure (314, 316) being attached to the housing and releasably securing the front wall against the peripheral wall in a closed position. As to Claim 7, the closure further comprising: a first magnetically active material (316) being positioned on the front wall; a second magnetically active material (314) being positioned on the peripheral wall in alignment with the first magnetically active material when the front wall is in the closed position; and the first and the second magnetically active materials being magnetically attached to each other and removably coupling the front wall to the peripheral wall (col. 14). As to Claim 8, the interior space having a height of at least 20.0 inches (24 inches in height – col. 13) wherein the housing is configured for enclosing a toilet plunger (“sized to accommodate hosting of a plunger” – col. 13). As to Claim 9, the lip is continuous with a width of the interior space (fig. 3). As to Claim 10, the lip comprises a plastic material (“made of various plastic materials” – col. 13). As to Claim 14, the peripheral wall has a plurality of apertures (“apertures in the sidewalls” – col. 13) extending therethrough, the plurality of apertures being configured to receive a plurality of fasteners (“screws, nails” – col. 14) the plurality of fasteners being configured to secure the housing within a cutout formed in a wall (col. 14). Regarding Claim 16, again, Music teaches a method of storing cleaning accessories in a bathroom comprising: forming a cutout in a wall of the bathroom (“an area… may be cut into a wall” – col. 14), the cutout being configured to receive a cabinet (“the toilet brush cabinet may then be inserted and mounted within this area” – col. 14), the cabinet comprising: a housing (figs. 1-2) having a rear wall (shown in fig. 2), a front wall (shown in fig. 1), and a peripheral wall (peripheral sides, top and bottom wall of (102) – fig. 1) extending between the rear wall and the front wall to define an interior space (102) between the rear wall and the front wall, the front wall being movably coupled to the peripheral wall (shown in fig. 3) such that the front wall is openable to provide access to the interior space (fig. 3); the peripheral wall having a top side and a bottom side (top and bottom sides as best shown in fig. 2), the housing having a height measured between the top side and the bottom side (fig. 2), the height being at least 20.0 inches (Music describes a height of the base unit of the cabinet being twenty-four inches in height [see col. 13, lines 43-48] and additionally notes that after choosing a location for mounting the cabinet, a (20 inch X 141/2 inch) hole is cut into a wall and the cabinet inserted [see col. 14, lines 3-9]), wherein the housing is configured for holding both a toilet brush and a toilet plunger within the interior space (Music describes the storage of both a toilet brush [col. 11] and a plunger [col. 13]); and a lip (bottom (308)) having opposite ends (left and right ends – fig. 3) coupled to the peripheral wall and being spaced from the rear wall, the lip having a bottom edge (bottom edge of the lip – fig. 3) being coupled to the peripheral wall between the opposite ends of the lip (shown), wherein the lip defines a well at a bottom of the interior space whereby the lip is configured to retain a fluid within the well (shown); the peripheral wall having a plurality of apertures (“apertures in the sidewalls” – col. 13) extending therethrough, the plurality of apertures being configured to receive a plurality of fasteners (“screws, nails” – col. 14), the plurality of fasteners being configured to secure the housing within the cutout (col. 14), wherein the front wall opens outwardly from the bathroom wall when the housing is mounted within the cutout (shown in fig. 6); positioning the cabinet within the cutout (col. 14); securing the cabinet within the cutout by coupling the plurality of fasteners to the wall through the plurality of apertures (col. 14); and placing the cleaning accessories within the interior space (“toilet brush can be inserted within the hosting container, cleaning materials may be included within the remaining container, and both containers may be placed within the cabinet” – col. 14), the cleaning accessories including a toilet plunger (“the toilet brush cabinet may be made in variations that are sized to accommodate hosting of a plunger” – col. 13) and a toilet cleaning brush (“toilet brush” – col. 14).
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.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Music. Music teaches applicant’s basic inventive claimed cabinet as outlined {mapped} above, including the cabinet being made of various metal materials and various plastic materials (col. 13), and the cabinet being made in various sizes and shapes (col. 3) with a standard depth of 5 inches; but does not show the housing comprising a wood material or show the depth (front wall spaced from the back wall) of at least 10 inches. As to the type of material being used, the position is taken that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize a varying array of known materials for the manufacture of a cabinet housing, with a reasonable expectation of success, depending upon the personal preferences of the designer and/or the designated environment for the finished product since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945); and In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). As to the depth of the housing, the position is taken that it would have been an obvious matter of personal preference to vary the shape or size of an element or to vary the distances between elements depending upon the needs and/or preferences of the user, with a reasonable expectation of success, since such a modification would have involved a mere change in the size or configuration of a component. A change of this degree is generally recognized as being within the level of ordinary skill in the art. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966) (The court held that the configuration of the claimed disposable plastic nursing container was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed container was significant). Furthermore, the Federal Circuit has held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Claims 11-13 & 15 are rejected under 35 U.S.C. 103 as being unpatentable over Music in view of Mastrangelo [US 3,765,740]. Music teaches applicant’s basic inventive claimed cabinet as outlined above; bud does not show a liner covering an interior surface of the housing, the interior surface being positioned on the rear wall and the peripheral wall within the interior space. As to the addition of a liner along an interior surface of components forming a housing, Mastrangelo is cited as an evidence reference for the known technique of utilizing plastic faced components in the manufacture of cabinetry (col. 1). Accordingly, the position is taken that it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Music so as to include plastic covered materials in the forming of the cabinet housing in view of Mastrangelo’s teaching, with a reasonable expectation of success, because this arrangement would enhance the versatility of the prior art’s device by allowing for other material options to be utilized, such as wood having a covering / liner, as dependent upon the needs and/or preferences of an end user, whereby costs of materials, ease of fabricating materials and availability of materials can be factored into the production assembly. Regarding Claim 12, as modified, the liner can be a plastic material. Regarding Claim 13, as modified, the interior surface is also positioned on the front wall within the interior space (such as when the front wall is in a closed position – front wall component can also include a covering / liner). Regarding Claim 15, as modified, the prior art teaches of a recessed bathroom cabinet (fig. 6) comprising: a housing (figs. 1-2) having a rear wall (shown in fig. 2), a front wall (shown in fig. 1), and a peripheral wall (peripheral sides, top and bottom wall of (102) – fig. 1) extending between the rear wall and the front wall to define an interior space (102) between the rear wall and the front wall, the front wall being movably coupled to the peripheral wall (shown in fig. 3) such that the front wall is openable to provide access to the interior space (fig. 3), the interior space having a top side (top side) opposite a bottom side (bottom side), the housing having a rectangular shape (fig. 2), the housing can be manufactured out of wood if so desired (see prior obviousness); the peripheral wall having a top side and a bottom side (top and bottom sides as best shown in fig. 2), the housing having a height measured between the top side and the bottom side (fig. 2), the height being at least 20.0 inches (Music describes a height of the base unit of the cabinet being twenty-four inches in height [see col. 13, lines 43-48] and additionally notes that after choosing a location for mounting the cabinet, a (20 inch X 141/2 inch) hole is cut into a wall and the cabinet inserted [see col. 14, lines 3-9]), wherein the housing is configured for holding both a toilet brush and a toilet plunger within the interior space (Music describes the storage of both a toilet brush [col. 11] and a plunger [col. 13]); a hinge (318) pivotably coupling the front wall to the peripheral wall; a closure (314, 316) being attached to the housing and releasably securing the front wall against the peripheral wall in a closed position, the closure comprising: a first magnetically active material (316) being positioned on the front wall; a second magnetically active material (314) being positioned on the peripheral wall in alignment with the first magnetically active material when the front wall is in the closed position; the first and the second magnetically active materials being magnetically attached to each other and removably coupling the front wall to the peripheral wall (col. 14); wherein the first magnetically active material comprises a strike plate (metal plate) and wherein the second magnetically active material comprises a magnet (magnet) being attached to the peripheral wall and extending into the interior space, the strike plate contacting and being magnetically retained in contact with the magnet when the front wall is in the closed position (col. 14); a lip (bottom (308) having opposite ends (left and right ends – fig. 3) coupled to the peripheral wall and being spaced from the rear wall, the lip having a bottom edge (bottom edge) coupled to the peripheral wall between the opposite ends of the lip, wherein the lip defines a well at the bottom side of the interior space whereby the lip is configured to retain a liquid within the well (shown), the lip being plastic (disclosed); a liner can be utilized to cover an interior surface of the housing (see prior obviousness), the interior surface being positioned on the front wall, the rear wall and the peripheral wall within the interior space, the liner being plastic (disclosed); and the peripheral wall having a plurality of apertures (“apertures in the sidewalls” – col. 13) extending therethrough, the plurality of apertures being configured to receive a plurality of fasteners (“screws, nails” – col. 14), the plurality of fasteners being configured to secure the housing within a cutout formed in a bathroom wall (“an area… may be cut into a wall” - col. 14), wherein the front wall opens outwardly from the bathroom wall when the housing is mounted within the cutout (fig. 6).
Response to Arguments
Applicant's arguments filed July 8, 2025 have been fully considered but they are not persuasive. Firstly, a claim is anticipated only if each and every element as set forth in the claim is found, either expressly or inherently described, in a single prior art reference." Verdegaal Bros. v. Union Oil Co. of California, 814 F.2d 628, 63 l, 2 USPQ2d 1051, 1053 (Fed. Cir. 1987), cert. denied, 484 U.S. 827 (1987). Analysis of whether a claim is patentable over the prior art under 35 U.S.C. § 102 begins with a determination of the scope of the claim. The Office determines the scope of the claims in patent applications not solely on the basis of the claim language, but upon giving claims their broadest reasonable construction in light of the specification as it would be interpreted by one of ordinary skill in the art. In re Am. Acad. of Sci. Tech. Ctr., 367 F.3d 1359, 1364, 70 USPQ2d 1827, 1830 (Fed. Cir. 2004). The properly interpreted claim must then be compared with the prior art. Once a prima facie case of anticipation has been established, the burden shifts to applicant to prove that the prior art product does not necessarily or inherently possess the characteristics of the claimed product. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433-34 (CCPA 1977) ("Where, as here, the claimed and prior art products are identical or substantially identical, or are produced by identical or substantially identical processes, the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of his claimed product."). See also In re Spada, 911 F.2d 705,708-09, 15 USPQ2d 1655, 1657-58 (Fed. Cir. 1990). The Office may find in the prior art a feature, which is capable of performing a function recited in the claims. "The Board's finding that the scaled-up version of figure 5 of Harz would be capable of performing all of the functions recited in Schreiber's claim 1 is a factual finding, which ... [otherwise] ...must be shown to be clearly erroneous..." In re Schreiber, 128 F.3d 1473, 1479, 44 USPQ2d 1429, 1434 (Fed. Cir. 1973). Upon review, the determination was made that the applied prior art reference to Music adequately addresses all the claimed features as outlined within the claimed scope. The aspect of the 20 inches in height of the cabinet being readily taught along with the capacity for the cabinet to retain both a toilet brush and a toilet plunger in a manner similar to applicant’s utilization. Applicant’s remarks about the use of “separate containers” being used to hold the different implements is flawed. Containers (310, 312) are already employed to retain bathroom items which are housed within the cabinet; and as such, their use {or a differently shaped / sized container} for holding items associated with bathroom maintenance is not inconceivable, but rather a practical use of the items needed or preferred by an end user (again, Music discloses the cabinet may be made in variations that are sized to accommodate hosting of a plunger [col. 13]– which satisfies the “configured for holding” functional language). Accordingly, the capacity of a prior art device to perform the claimed function is often sufficient to anticipate the claimed limitation.
Secondly, where a claimed improvement on a device or apparatus is no more than "the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement," the claim is unpatentable under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ. 2d 1509, 1518-19 (BPAI, 2007) (citing KSR v. Teleflex, 127 S.Ct. 1727, 1740, 82 USPQ. 2d 1385, 1396 (2007)). Applicant claims a combination that only unites old elements with no change in the respective functions of those old elements, and the combination of those elements yields predictable results; absent evidence that the modifications necessary to effect the combination of elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a). Ex Parte Smith, 83 USPQ. 2d at 1518-19 (BPAI, 2007) (citing KSR, 127 S.Ct. at 1740, 82 USPQ. 2d at 1396.
Accordingly, since the applicant[s] have submitted no persuasive evidence that the combination of the above elements is uniquely challenging or difficult for one of ordinary skill in the art, the claim is unpatentable as obvious under 35 U.S.C. 103(a) because it is no more than the predictable use of prior art elements according to their established functions resulting in the simple substitution of one known element for another or the mere application of a known technique to a piece of prior art ready for improvement.
Conclusion
THIS ACTION IS MADE FINAL. 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 JAMES O HANSEN whose telephone number is (571)272-6866. The examiner can normally be reached Mon-Fri 8 am - 4:30 pm.
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, Daniel Troy can be reached at 571-270-3742. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
JOH
September 29, 2025
/James O Hansen/Primary Examiner, Art Unit 3637