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 Objections
Claims 2-3, 9-10, 15 and 20 objected to because of the following informalities:
Claim 2, ln. 2 should read ---into [[an]] the extraction tube of [[an]] the external urine capture device,---
Claim 3, ln. 5 should read ---into [[a]] the urine disposal outlet---
Claim 9, ln. 9 should read ---into [[a]] the urine disposal outlet;---
Claim 10, ln. 1-2 should read ---attached to [[an]] the extraction tube of [[an]] the external urine capture device---
Claim 15, ln. 1 should read ---A method of using [[the]] a urine extraction---
Claim 15, ln. 3-4 should read ---an armrest of [[the]] a wheelchair;---
Claim 19, ln. 1-2 should read ---mounted to [[a]] the wheelchair.---
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 19 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "the suction" in ln. 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 19 recites that the device is mounted to a wheelchair. Claim 15, from which claim 19 depends, recites mounting the device to an armrest of the wheelchair. It is unclear whether claim 19 requires removing the device from the armrest and mounting the device to the wheelchair.
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.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fallows et al. (Pub. No.: US 2025/0107920 A1) in view of Zani et al. (Pub. No.: US 2017/0202699 A1) and further in view of Young Joyner et al. (Pub. No.: US 2024/0058160 A1).
Regarding claim 1, Fallows discloses (fig. 1A-2B) a urine extraction and disposal device (urine management system 100) comprising:
An inlet tube (first tube 108, ¶ 0027);
An outlet tube (second tube 110, ¶ 0027);
A pump (106, ¶ 0027);
A battery (114, ¶ 0029);
Wherein the urine extraction and disposal device extracts urine through an extraction tube (fluid outlet 122) on an external urine capture device (urine collection device 102) (fig. 2B, ¶ 0032) and disposes the urine directly into a urine disposal outlet (toilet 104) through the outlet tube (¶ 0027).
Fallows fails to disclose a mounting bracket slot.
Zani teaches (fig. 5) a urine extraction and disposal device (drainage bag system 500, abstract) and thus in the same field of endeavor, comprising a mounting bracket slot (hook 552) for attachment to a wheel chair or a wall (¶ 0081).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the urine extraction and disposal device of Fallows such that it comprises a mounting bracket slot, as taught by Zani, in order to attach the device to a wheelchair or a wall (Zani, ¶ 0081).
Fallows in view of Zani fail to disclose a charging port.
Young Joyner teaches (fig. 2B) a urine extraction and disposal device (urine storage system 210) and thus in the same field of endeavor, comprising: a battery that is rechargeable (¶ 0041) in order to power the device (¶ 0041). Accordingly, the feature of a charging port is inherent to the device of Young Joyner.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Fallows in view of Zani such that is rechargeable and thus comprises a charging port, as taught by Young Joyner, as such battery is suitable for powering the device (Young Joyner, ¶ 0041).
Regarding claim 2, Fallows discloses wherein one end of the inlet tube is inserted into the extraction tube of the external urine capture device (¶ 0027, ¶ 0031), and another end of the inlet tube is attached to the urine extraction and disposal device through an inlet nozzle (¶ 0027).
Regarding claim 3, Fallows discloses wherein the urine extraction and disposal device facilitates direct urination for individuals with limited mobility by extracting urine from the extraction tube of the external urine capture device into the inlet tube and discarding the urine directly into the urine disposal outlet through the outlet tube (¶ 0027).
Regarding claim 4, Fallows discloses wherein the inlet tube extracts urine through suction created via the pump present within the urine extraction and disposal device (¶ 0027).
Regarding claim 5, Fallows discloses wherein the external urine capture device is a female external catheter (¶ 0030).
Regarding claim 6, Fallows discloses wherein an open end of the outlet tube is placed directly into the urine disposal outlet (fig. 1B, ¶ 0027).
Regarding claim 7, Fallows in view of Zani and further in view of Young Joyner disclose wherein the device is mounted to a wheelchair (Zani, ¶ 0081).
Regarding claim 8, Fallows in view of Zani and further in view of Young Joyner disclose wherein the device is mounted to a wall (Zani, ¶ 0081).
Claim(s) 9-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fallows in view of Espinosa et al. (Pub. No.: US 2025/0114234 A1).
Regarding claim 9, Fallows discloses (fig. 1A-2B, fig. 6) a method (300) of using a urine extraction and disposal device (urine management system 100) comprising:
Mounting the urine extraction and disposal device to a flat surface (¶ 0063);
Inserting an inlet tube (108) of the urine extraction and disposal device into an extraction tube (fluid outlet 122) of an external urine capture device (urine collection device 102) (¶ 0031, ¶ 0066);
Placing an outlet tube (second tube 110) into a urine disposal outlet (toilet 104, ¶ 0027, ¶ 0066);
Withdrawing urine from the external urine capture device into the inlet tube through a suction created by a pump (106) present within the urine extraction and disposal device (¶ 0027, ¶ 0066);
Discarding the urine through the outlet tube into the urine disposal outlet (¶ 0066); and
Removing the inlet tube from the extraction tube of the external urine capture device (¶ 0066)
Fallows fails to explicitly disclose removing the outlet tube from the urine disposal outlet once the urination is complete.
Espinosa teaches (fig. 3A) a method of using a urine extraction and disposal device (fluid collection system 300) by a wheelchair-bound individual (abstract, ¶ 0053) and thus in the same field of endeavor, comprising:
Placing an outlet tube (outlet conduit 108b) into a urine disposal outlet (fluid storage bag 360) (¶ 0049); and
Removing the outlet tube from the urine disposal outlet (¶ 0045) in order to empty the urine disposal outlet (¶ 0052).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Fallows such that after ruination is complete, the method comprises removing the outlet tube from the urine disposal outlet, as taught by Espinosa, such that in the case that the urine disposal outlet is a fluid storage bag, in order to allow the urine to be emptied (Espinosa, ¶ 0052) and in the case that the urine disposal outlet is a toilet, in order to allow the toilet to be flushed to dispose of urine.
Regarding claim 10, Fallows discloses wherein one end of the inlet tube is attached into the extraction tube of the external urine capture device (¶ 0027) and another end of the inlet tube is attached to the urine extraction and disposal device through an inlet nozzle (¶ 0027).
Regarding claim 11, Fallows discloses wherein the urine extraction and disposal device facilitates direct urination for individuals with limited mobility by extracting urine from the extraction tube of the external urine capture device into the inlet tube and discarding the urine directly into the urine disposal outlet through the outlet tube (¶ 0027, ¶ 0066).
Regarding claim 12, Fallows discloses wherein the external urine capture device is a female external catheter (¶ 0030).
Regarding claim 13, Fallows discloses wherein the urine extraction and disposal device is mounted to a wheel chair (fig. 5C, ¶ 0063).
Regarding claim 14, Fallows discloses wherein an open end of the outlet tube is placed directly into the urine disposal outlet (fig. 1B, ¶ 0027).
Regarding claim 15, Fallows discloses (fig. 1A-2B, 5C, 6) a method (300) of using a urine extraction and disposal device (urine management system 100) by a wheelchair-bound individual (¶ 0026) comprising:
Mounting the urine extraction and disposal device to an arm of the wheelchair (¶ 0063);
Inserting an inlet tube (108) of the urine extraction and disposal device into an extraction tube (fluid outlet 122) of an external urine capture device (urine collection device 102) (¶ 0031, ¶ 0066);
Placing an outlet tube (second tube 110) into a urine disposal outlet (toilet 104, ¶ 0027, ¶ 0066);
Withdrawing urine from the external urine capture device into the inlet tube through a suction created by a pump (106) present within the urine extraction and disposal device (¶ 0027, ¶ 0066);
Collecting urine through the outlet tube into the urine disposal outlet (¶ 0066); and
Removing the inlet tube from the extraction tube of the external urine capture device (¶ 0066)
Fallows fails to explicitly disclose removing the outlet tube from the urine disposal outlet once the urination is complete.
Fallows fails to disclose mounting the urine extraction and disposal device to an armrest of the wheelchair.
Espinosa teaches (fig. 3A) a method of using a urine extraction and disposal device (fluid collection system 300) by a wheelchair-bound individual (abstract, ¶ 0053) and thus in the same field of endeavor, comprising: mounting the urine extraction and disposal device to an armrest of the wheelchair (claim 21).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the method of Fallows such that it comprises mounting the urine extraction and disposal device to an armrest of the wheelchair, as the armrest is a suitable spot for mounting the device (Espinosa, claim 21).
Regarding claim 16, Fallows discloses wherein one end of the inlet tube is attached into the extraction tube of the external urine capture device (¶ 0027) and another end of the inlet tube is attached to the urine extraction and disposal device through an inlet nozzle (¶ 0027).
Regarding claim 17, Fallows discloses wherein the urine extraction and disposal device facilitates direct urination for individuals with limited mobility by extracting urine from the extraction tube of the external urine capture device into the inlet tube and discarding the urine directly into the urine disposal outlet through the outlet tube (¶ 0027, ¶ 0066).
Regarding claim 18, Fallows discloses wherein the external urine capture device is a female external catheter (¶ 0030).
Regarding claim 19, Fallows discloses wherein the urine extraction and disposal device is mounted to a wheelchair (fig. 5C, ¶ 0063).
Regarding claim 20, Fallows discloses wherein an open end of the outlet tube is placed directly into the urine disposal outlet (fig. 1B, ¶ 0027).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Joseph et al. (Pub. No.: US 2022/0305191 A1) discloses a urine extraction and disposal device. Van Gorkom et al.(Pub. No.: US 2025/0134698 A1) discloses a urine extraction and disposal device.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Sarah Al-Hashimi can be reached at (571) 272-7159. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MEAGAN NGO/Examiner, Art Unit 3781
/JACQUELINE F STEPHENS/Primary Examiner, Art Unit 3781