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
The Applicant’s election without traverse of species A in the reply filed on 6/5/2026 is acknowledged.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
No claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Objections
Claim 4 is objected to because of the following informalities:
in claim 4, line 3: “the” should be inserted before “urine”.
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 4-5 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 “wherein the first collection chamber collects a first catch of urine and the second collection chamber automatically collects a second catch of urine” in lines 1-3, which is an action step in an apparatus claim. A single claim which claims both an apparatus and the method steps of using the apparatus is indefinite under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph, because it creates confusion as to when direct infringement occurs. (MPEP 2173.05(p) citing In re Katz Interactive Call Processing Patent Litigation, 639 F.3d 1303, 97 USPQ2d 1737 (Fed. Cir. 2011)).
Claims 5-6 are rejected by virtue of its dependence from claim 4.
Claim 5 recites “urine” in line 2, but it is not clear if this recitation is the same as, related to, or different from “a second catch of urine” in claim 4, lines 2-3. Claim 4 only refers to the second catch of the urine being collected by the second collection chamber, but claim 5 does not refer to this second catch specifically. Clarification is required.
Claim 6 recites “urine” in line 2, but it is not clear if this recitation is the same as, related to, or different from “a second catch of urine” in claim 4, lines 2-3. Claim 4 only refers to the second catch of the urine being collected by the second collection chamber, but claim 6 does not refer to this second catch specifically. Clarification is required.
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 1-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 4,494,581 (Gordon).
With respect to claim 1, Gordon teaches a urine collection assembly comprising:
a container including a first collection chamber (the chamber 45, 19 of Gordon; FIGS. 4-8 of Gordon), a second collection chamber (the container 54 of Gordon), and a channel (the drain tube 57 of Gordon) that is in selective fluid communication with the second collection chamber, the channel having a first opening (the opening of the drain tube 57 near the port 48 of Gordon) adjacent a first end of the container and a second opening (the opening of the drain tube 57 near the cap 56 of Gordon) adjacent a second end of the container;
a funnel (the funnel 41 or the upper lip 47 of Gordon) movably coupled to the container and in selective fluid communication with the first collection chamber and the second collection chamber, the funnel being movable relative to the container between a first position in which the second collection chamber is in fluid communication with the channel (when the funnel and the annular connector 52 of Gordon are attached to the container 54 of Gordon; col. 6, lines 29-68; col. 8, lines 1-54 of Gordon) and a second position in which fluid communication between the first collection chamber and the second collection chamber is prevented (when the funnel and the annular connector 52 of Gordon are not attached to the container 54 of Gordon; col. 6, lines 29-68; col. 8, lines 1-54 of Gordon);
a valve (the member 51, 61, or 63 of Gordon) configured to allow selective communication between the first collection chamber and the funnel and to allow selective communication between the second collection chamber and the funnel; and
a lid (the annular connector 52 of Gordon) removably coupleable to the funnel to move the container from the first position to the second position
With respect to claim 2, Gordon teaches a saddle (the funnel 41 of Gordon when the upper lip 47 of Gordon is considered to be the funnel) removably coupleable to the funnel (the upper lip 47 of Gordon), the saddle configured to guide urine into the container (col. 6, lines 29-68; col. 8, lines 1-54 of Gordon).
With respect to claim 3, Gordon teaches that the valve (the member 51, 61, or 63 of Gordon) is disposed in the first collection chamber (the chamber 45, 19 of Gordon; FIGS. 4-8 of Gordon).
With respect to claim 4, Gordon teaches that the first collection chamber collects a first catch of urine and the second collection chamber automatically collects a second catch of urine (col. 6, lines 29-68; col. 8, lines 1-54 of Gordon).
With respect to claim 5, Gordon teaches that the valve (the member 51, 61, or 63 of Gordon) controls when urine enters the second collection chamber (the container 54 of Gordon)(col. 6, lines 29-68; col. 8, lines 1-54 of Gordon).
With respect to claim 6, Gordon teaches that the channel (the drain tube 57 of Gordon) is configured to guide excess urine from the second collection chamber (the container 54 of Gordon) to a location outside of the container (col. 8, lines 1-54 of Gordon).
With respect to claim 8, Gordon teaches that the lid (the annular connector 52 of Gordon) includes an aperture (the hole running through the center of the annular connector 52 of Gordon) in fluid communication with the first collection chamber when the lid is coupled to the container (see FIG. 4 of Gordon) and wherein the container further includes an aperture (the mouth of the container 54 of Gordon) in fluid communication with the second collection chamber (the container 54 of Gordon), the aperture in the lid configured to receive a pipette for collecting a portion of a sample of urine contained in the first collection chamber (the pipette is not part of the claimed urine collection assembly, but the aperture in the lid is capable of receiving a pipette and channeling it to the chamber 45, 19 of Gordon if the member 51, 61, or 63 of Gordon is not obstructing the path) and the aperture in the container configured to receive a pipette for collecting a portion of a sample of urine contained in the second collection chamber (the pipette is not part of the claimed urine collection assembly, but the mouth of the container 54 is capable of receiving a pipette when the annular connector 52 of Gordon is removed), each of the apertures being selectively closed by a plug (the cover 40 is one plug and the funnel 41 is the other plug when the upper lip 47 of Gordon is considered to be the funnel).
Claims 1-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent No. 3,722,503 (Hovick).
With respect to claim 1, Hovick teaches a urine collection assembly comprising:
a container including a first collection chamber (the compartment 79, 153 of Hovick), a second collection chamber (the chamber 64, 155 of Hovick), and a channel (the tube 73, 195 of Hovick) that is in selective fluid communication with the second collection chamber, the channel having a first opening (the opening at 89, 197 of Hovick) adjacent a first end of the container and a second opening (the opening at 72, 196 of Hovick) adjacent a second end of the container;
a funnel (the upper body 35, the lower body 34, the cylinder 33, the tube 61, and the tube member 68, 168 of Hovick) movably coupled to the container and in selective fluid communication with the first collection chamber and the second collection chamber, the funnel being movable relative to the container between a first position in which the second collection chamber is in fluid communication with the channel (FIG. 15, 22 of Hovick) and a second position in which fluid communication between the first collection chamber and the second collection chamber is prevented (FIG. 18, 23 of Hovick);
a valve (the member 88, 181 of Hovick) configured to allow selective communication between the first collection chamber and the funnel and to allow selective communication between the second collection chamber and the funnel; and
a lid (the cup 31 of Hovick) removably coupleable to the funnel to move the container from the first position to the second position.
With respect to claim 2, Hovick teaches a saddle (the guide 10 of Hovick) removably coupleable to the funnel (the upper body 35, the lower body 34, the cylinder 33, the tube 61, and the tube member 68, 168 of Hovick), the saddle configured to guide urine into the container (col. 2, lines 15-65; col. 10, lines 20-55 of Hovick).
With respect to claim 3, Hovick teaches that the valve (the member 88, 181 of Hovick) is disposed in the first collection chamber (the compartment 79, 153 of Hovick).
With respect to claim 4, Hovick teaches that the first collection chamber (the compartment 79, 153 of Hovick) collects a first catch of urine and the second collection chamber (the chamber 64, 155 of Hovick) automatically collects a second catch of urine (col. 10, lines 20-55; col. 13, line 60 to col. 14, line 15 of Hovick).
With respect to claim 5, Hovick teaches that the valve (the member 88, 181 of Hovick) controls when urine enters the second collection chamber (the chamber 64, 155 of Hovick)(col. 10, lines 20-55; col. 13, line 60 to col. 14, line 15 of Hovick).
With respect to claim 6, Hovick teaches that the channel (the tube 73, 195 of Hovick) is configured to guide excess urine from the second collection chamber (the chamber 64, 155 of Hovick) to a location outside of the container (col. 10, lines 20-55; col. 14, lines 1-15 of Hovick).
With respect to claim 8, Hovick teaches that the lid (the cup 31 of Hovick) includes an aperture (the orifice 18 of Hovick) in fluid communication with the first collection chamber (the compartment 79, 153 of Hovick) when the lid is coupled to the container (col. 10, lines 20-55; col. 13, line 60 to col. 14, line 15 of Hovick) and wherein the container further includes an aperture (the threaded hole for the threaded plug 71 and the hole for the membrane 207 of Hovick) in fluid communication with the second collection chamber (the chamber 64, 155 of Hovick), the aperture in the lid configured to receive a pipette for collecting a portion of a sample of urine contained in the first collection chamber (the pipette is not part of the claimed urine collection assembly, but the aperture in the lid is capable of receiving a pipette and guiding the pipette to the compartment 79, 153 of Hovick) and the aperture in the container configured to receive a pipette for collecting a portion of a sample of urine contained in the second collection chamber (the pipette is not part of the claimed urine collection assembly, but the threaded hole for the threaded plug 71 and the hole for the membrane 207 of Hovick are capable of receiving a pipette), each of the apertures being selectively closed by a plug (the guide 10, the threaded plug 71, and the membrane 207 of Hovick).
Claims 1 and 3-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Patent Application Publication No. 2015/0223784 (Van Damme).
With respect to claim 1, Van Damme teaches a urine collection assembly comprising:
a container including a first collection chamber (the first reservoir 205 of Van Damme), a second collection chamber (the second reservoir 209 of Van Damme), and a channel (the channels 202, 207, and 204 of Van Damme) that is in selective fluid communication with the second collection chamber (the second reservoir 209 is removable from the channels 202, 207, and 204 of Van Damme), the channel having a first opening (the channel 202 of Van Damme) adjacent a first end of the container and a second opening (the channel 204 of Van Damme) adjacent a second end of the container;
a funnel (the funnel before the channel 202 of Van Damme) movably coupled to the container and in selective fluid communication with the first collection chamber and the second collection chamber, the funnel being movable relative to the container between a first position in which the second collection chamber is in fluid communication with the channel (when the second reservoir 209 is connected to the channels 202, 207, and 204 of Van Damme) and a second position in which fluid communication between the first collection chamber and the second collection chamber is prevented (when the first and second reservoirs are not connected to the channels 202, 207, and 204 of Van Damme)(paragraphs 0033-0034, 0135, and 0146-0149 of Van Damme);
a valve (the elements 206 and 210 of Van Damme) configured to allow selective communication between the first collection chamber and the funnel and to allow selective communication between the second collection chamber and the funnel; and
a lid (the threaded portions below the first guide 203 and the second guide 208 of Van Damme) removably coupleable to the funnel (paragraph 0148 of Van Damme: “These parts may be individual parts to be assemble”; thus, making the first and second guides removable coupleable to the funnel in front of the channel 202) to move the container from the first position to the second position.
With respect to claim 3, Van Damme teaches that the valve (the element 206 of Van Damme) is disposed in the first collection chamber (the first reservoir 205 of Van Damme).
With respect to claim 4, Van Damme teaches that the first collection chamber (the first reservoir 205 of Van Damme) collects a first catch of urine and the second collection chamber (the second reservoir 209 of Van Damme) automatically collects a second catch of urine (paragraphs 0148-0149 of Van Damme).
With respect to claim 5, Van Damme teaches that the valve (the elements 206 and 210 of Van Damme) controls when urine enters the second collection chamber (the second reservoir 209 of Van Damme)(paragraphs 0148-0149 of Van Damme).
With respect to claim 6, Van Damme teaches that the channel (the channels 202, 207, and 204 of Van Damme) is configured to guide excess urine from the second collection chamber (the second reservoir 209 of Van Damme) to a location outside of the container.
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 4,494,581 (Gordon), in view of U.S. Patent Application Publication No. 2015/0223784 (Van Damme).
Gordon teaches a funnel (the funnel 41 of Gordon). Van Damme teaches that a funnel for urine collection can have a liquid-repelling coating (paragraph 0153 of Van Damme). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to coat the funnel 41 of Gordon with the liquid-repelling coating of Van Damme because it facilitates the flow of urine.
With respect to claim 7, the combination teaches or suggests that one or more of the funnel, the first collection chamber, and the valve include a hydrophobic coating (the liquid-repelling coating on the funnel 41 of Gordon).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent No. 3,722,503 (Hovick), in view of U.S. Patent Application Publication No. 2015/0223784 (Van Damme).
Hovick teaches a funnel (the upper body 35, the lower body 34, the cylinder 33, the tube 61, and the tube member 68, 168 of Hovick). Van Damme teaches that a funnel for urine collection can have a liquid-repelling coating (paragraph 0153 of Van Damme). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to coat the upper body 35, the lower body 34, the cylinder 33, the tube 61, and the tube member 68, 168 of Hovick with the liquid-repelling coating of Van Damme because it facilitates the flow of urine.
With respect to claim 7, the combination teaches or suggests that one or more of the funnel, the first collection chamber, and the valve include a hydrophobic coating (the liquid-repelling coating on the upper body 35, the lower body 34, the cylinder 33, the tube 61, and the tube member 68, 168 of Hovick).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over U.S. Patent Application Publication No. 2015/0223784 (Van Damme).
Van Damme teaches a funnel (the funnel before the channel 202 of Van Damme). Van Damme teaches that a funnel for urine collection can have a liquid-repelling coating (paragraph 0153 of Van Damme). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to coat the funnel before the channel 202 of Van Damme with the liquid-repelling coating of Van Damme because it facilitates the flow of urine.
With respect to claim 7, the combination teaches or suggests that one or more of the funnel, the first collection chamber, and the valve include a hydrophobic coating (the liquid-repelling coating on the funnel before the channel 202 of Van Damme).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW KREMER whose telephone number is (571)270-3394. The examiner can normally be reached Monday - Friday 8 am to 6 pm; every other Friday off.
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/MATTHEW KREMER/ Primary Examiner, Art Unit 3791
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