DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
In the response to this office action, the Examiner respectfully requests that support be shown for language added to any original claims on amendment and any new claims. That is, indicate support for newly added claim language by specifically pointing to page(s) and line numbers in the specification and/or drawing figure(s). This will assist the Examiner in prosecuting this application.
Information Disclosure Statement
2. The information disclosure statement filed on April 11, 2024 has been considered and placed in the application file.
Election/Restriction
3. The restriction requirement made in the last office action has been withdrawn in view of the amendment filed. All pending claims are treated on the merits as set forth below.
CLAIM INTERPRETATION
4. 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.
5. 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. Such claim limitations are: means for storing, means for producing sound, means for ventilating, in claims 9, 11, 13, and 14.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitations recite sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
6. 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.
7. Claims 1-8, and 14 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 pre-AIA the applicant regards as the invention.
Independent Claim 1 recites the limitation “the use of a toilet” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim because phrase “use of the toilet” was not introduced earlier in the claim and thus it is unclear what earlier phrase is referencing which causes the scope of the claim indefinite. As the first time this phrase is introduced, "the use" can be replaced by "a use" to overcome the indefiniteness problem.
Claims 2-8, and 14 depend from claim 1, and are also rejected for the same reasons.
Claim 2 recites the limitation “the duration of the sound” in lines 1-2. There is insufficient antecedent basis for this limitation in the claim because phrase “the duration of the sound” was not introduced earlier in the claim and thus it is unclear what earlier phrase is referencing which causes the scope of the claim indefinite. As the first time this phrase is introduced, “the duration of the sound" can be replaced by “a duration of the sound” to overcome the indefiniteness problem.
Claims 7-8 depend from claim 2, and are also rejected for the same reasons.
Claim 5 recites the limitation “the range of human being” in line 2. There is insufficient antecedent basis for this limitation in the claim because phrase “the duration of the sound” was not introduced earlier in the claim and thus it is unclear what earlier phrase is referencing which causes the scope of the claim indefinite. As the first time this phrase is introduced, “the range of human being" can be replaced by “a range of human being” to overcome the indefiniteness problem.
Claim 7 is indefinite because it is unclear whether limitation “a user” in line 3 is the same “a user” as recited in line 2 of claim 2. If it is, the examiner suggests that applicant can amend “a user” in line 3 of claim 7 to read “the user” to overcome this problem.
Claim 8 depends from claim 7, and is also rejected for the same reasons.
Claim 8 is indefinite because it is unclear whether limitation “a user” in line 1 is the same “a user“ as recited in line 2 of claim 2. If it is, the examiner suggests that applicant can amend “a user” in line 1 of claim 8 to read “the user” to overcome this problem.
Claim 14 is indefinite because it is unclear whether limitation “a room” in line 2 is the same “a room” as recited in line 2 of claim 1. If it is, the examiner suggests that applicant can amend “a room” in line 2 of claim 14 to read “the room” to overcome this problem.
Claim 14 is indefinite because it is unclear whether limitation “a toilet” in line 2 is the same “a toilet” as recited in line 2 of claim 1. If it is, the examiner suggests that applicant can amend “a toilet” in line 2 of claim 14 to read “the toilet” to overcome this problem.
Claim Rejections - 35 USC § 103
8. 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 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.
9. 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 of this title, 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.
10. Claims 1, 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Green U.S. Patent Application Publication 20070132596 (cited by Applicant) in view of Genereux et al. U.S. Patent Application Publication 20140249359 (hereinafter, “Genereux”).
Regarding claim 1, Green teaches a system (electronic sound system 100, Fig. 1, par [0029], see Green) for producing artificial sounds to mask noises emanating from the use of a toilet in an interior of a room (The detector can be positioned on the lid of a toilet such that, when the toilet lid is in a horizontal position, the detector communicates to the receiver a signal that turns the sound system off, and when the lid is in a vertical position, the detector communicates a signal to the receiver that turns the sound system on. In this way, the apparatus can mask unwanted sounds, such as bodily function sounds emanating from a bathroom, par [0013], see Green), the system comprising:
a housing sized and shaped (see outside portion of electronic sound system 100, Fig. 1) to define an interior and an exterior of the housing (see electronic sound system 100, Fig. 1, par [0029]; The sound system 100 may comprise a sound generator 106 for playing a variety of stored (prerecorded) masking sounds, such as music or nature sounds. Alternatively, the sound system 100 may further comprise a supplementary device 104 such as a CD player/radio turner or MP3 player, for playing a greater variety of sounds that can mask the noises of elimination. In addition, the sound system 100 further comprises an amplifier 108, motion sensor 110, volume control 113, speaker 114, and power source 116, see Fig. 4, par [0034], see Green).
Green further teaches a sound system stored within the housing (The sound system 100 may comprise a sound generator 106 for playing a variety of stored (prerecorded) masking sounds, such as music or nature sounds, Fig. 4, par [0034], see Green); the apparatus can mask unwanted sounds, such as bodily function sounds emanating from a bathroom (see also toilet, par [0013], see Green).
However, Green does not explicitly disclose the sound system comprising a processor, the processor having a memory that has stored therein a set of instructions executable by the processor to generate a sound structured to mask frequencies of noise associated with use of the toilet.
Genereux teaches sound machine with pseudo random white noise generator
(see Title) in which the sound machines heretofore typically included a dedicated micro controller for sound playback and a memory having prerecorded therein one or more of these different types of white noise sounds to provide different sleep therapy regimens to tinnitus sufferers and others who may benefit from white noise sound therapy (par 0008], see Genereux); Any suitable microcontroller (i.e., including processor and memory) or other processor could be employed without departing from the inventive concepts (see Fig. 1A, par [0030], see Genereux); Referring now to FIG. 6, generally designated at 160 is a flowchart illustrating the manner the processor of the pseudo random white noise generator algorithmically changes the sequence of the "1's" and "0's" of the pseudo random bit stream (i.e., including memory) to controllably provide white noise bandwidth control (Fig. 6, par [0081], see Genereux); the processor of the pseudo random noise generator is operative in response to user input control information to provide a pseudo random digital bit stream (i.e., including memory) at its output port at a bit rate suitable for sound therapy. An analog amplifier is coupled to the output port and responsive to the pseudo random digital bit stream at a bit rate suitable for sound therapy to provide an analog white noise signal at a frequency audible to tinnitus sufferers and others seeking noise-masking or help to relax or to fall asleep (par [0013]), see Genereux). In other words, Genereux provides masking frequency of unwanted sounds, such as bodily function sounds emanating from a bathroom, which Green is seeking.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sound machine with pseudo random white noise generator taught by Genereux with the system of Green such that to obtain the sound system comprising a processor, the processor having a memory that has stored therein a set of instructions executable by the processor to generate a sound structured to mask frequencies of noise associated with use of the toilet for purpose of providing sound therapy to others seeking noise-masking as suggested by Genereux in paragraph [0011].
Regarding claim 4, Green in view of Genereux teaches the system of claim 1. Green in view of Genereux, as modified, teaches wherein the processor includes a variable timer structured to control the duration of the sound emitted from the sound system (As shown by the blocks 72, 74, 76, 78, the processor is then operative to provide each pseudo random white noise sound selected for each selected timer duration, Fig. 2, par [0037], see Genereux), the variable timer adapted to allow the user to select the duration of the sound (User input control, not shown, is provided to set an auto on/off timer and to turn the sound machine 10 on/off, Fig. 1, par [0029], see Genereux).
Regarding claim 5, Green in view of Genereux teaches the system of claim 1. Green in view of Genereux, as modified, teaches wherein the sound generated by the processor is structured to mask the noises emanating from the use of the toilet in the range of human hearing (The sound system 100 receives the signal, is activated or switched on, and sound is emitted at a predetermined volume, thus masking the sound of eliminating, such as urinating or bowel movements. The emitted sound may be in the form of, but is not limited to, music, rain, surf, or other suitable masking sound, Fig. 1, par [0028], see Green).
Regarding claim 6, Green in view of Genereux teaches the system of claim 1. Green in view of Genereux, as modified, teaches wherein the sound generated by the processor is composed of a variety of frequencies that include the frequencies of noise (the processor of the pseudo random noise generator is operative in response to user input control information to provide a pseudo random digital bit stream at its output port at a bit rate suitable for sound therapy. An analog amplifier is coupled to the output port and responsive to the pseudo random digital bit stream at a bit rate suitable for sound therapy to provide an analog white noise signal at a frequency audible to tinnitus sufferers and others seeking noise-masking or help to relax or to fall asleep (par [0013]), see Genereux). In other words, Genereux provides masking frequency of unwanted sounds, such as bodily function sounds emanating from a bathroom, which Green is seeking) associated with the use of the toilet such that the sound substantially masks the noise associated with the use of the toilet (The detector can be positioned on the lid of a toilet such that, when the toilet lid is in a horizontal position, the detector communicates to the receiver a signal that turns the sound system off, and when the lid is in a vertical position, the detector communicates a signal to the receiver that turns the sound system on. In this way, the apparatus can mask unwanted sounds, such as bodily function sounds emanating from a bathroom, par [0013], see Green)).
11. Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Green U.S. Patent Application Publication 20070132596 (cited by Applicant) in view of Genereux et al. U.S. Patent Application Publication 20140249359 (hereinafter, “Genereux”), and further in view of Ihlefeld et al. U.S. Patent Application Publication 20120060270 (hereinafter, “Ihlefeld”).
Regarding claim 2, Green in view of Genereux teaches the system of claim 1. Green in view of Genereux, as modified, teaches further comprising a cover that forms a wall of the housing (see cover of sound system 100 in Fig. 1, see Green), and a switch (The sound system 100 receives the signal, is activated or switched on, and sound is emitted at a predetermined volume, thus masking the sound of eliminating, such as urinating or bowel movements, Fig. 1, par [0029], see Green) that can manually turn on and off by a user to activate the sound system of claim 1 (The sound system 100 may operate independently from the detector 50 as a stand-alone unit that an operator could place on the bathroom sink and manually turn on and off, Fig. 1, par [0034], see Green).
However, Green in view of Genereux does not explicitly disclose a switch that can be toggled.
Ihlefeld teaches appliance for a toilet having a flush responsive audio player (see Title) in which a user control input switch 170 and flush sensor 172 are operatively coupled to the processor 154 via input ports 174. The user input switch 170 preferably is a single contact switch that is depressed to initiate a test and is sequentially depressed to toggle-select the different tracks of pre-installed, user-selected and installed and/or user-customized audio content stored in memory for replay in response to sensing a flush event (see Figs. 2, 3, par [0041], see Ihlefeld).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the appliance for a toilet having a flush responsive audio player taught by Ihlefeld with the system of Green in view of Genereux such that to obtain a switch that can be toggled in order to transform the bathroom experience into a more enjoyable and/or informative experience, as suggested by Ihlefeld in paragraph [0005].
Regarding claim 3, Green in view of Genereux teaches the system of claim 1. Green in view of Genereux, as modified, teaches further comprising at least one opening in the cover sized and shaped (see openings on the surface of electronic sound system 100, Fig. 1, see Green).
However, Green in view of Genereux does not explicitly disclose to enable the sound to be emitted from the housing.
Ihlefeld teaches appliance for a toilet having a flush responsive audio player (see Title) in which the front housing portion 112 of the clamshell housing 94 is provided with a compressible area generally designated 120, that allows for actuation of the subjacent switch 100, and is provided with openings generally designated 122, 124 and 126 respectively aligned with the microphone 106, speaker 108 and interface 110. The opening 122 allows the user to input custom audio content into the microphone 106, the openings 124 allow the user to hear audio content played by the speaker 108 (see Fig. 2, par [0033], see Ihlefeld).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the appliance for a toilet having a flush responsive audio player taught by Ihlefeld with the system of Green in view of Genereux such that to obtain to enable the sound to be emitted from the housing in order to transform the bathroom experience into a more enjoyable and/or informative experience, as suggested by Ihlefeld in paragraph [0005].
12. Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Green U.S. Patent Application Publication 20070132596 (cited by Applicant) in view of Genereux et al. U.S. Patent Application Publication 20140249359 (hereinafter, “Genereux”) in view of Ihlefeld et al. U.S. Patent Application Publication 20120060270 (hereinafter, “Ihlefeld”) in view of Berkman et al. U.S. Patent Application Publication 20140360805 (hereinafter, “Berkman”), and further in view of Arneberg et al. U.S. Patent 3592985 (hereinafter, “Arneberg”).
Regarding claim 7, Green in view of Genereux in view of Ihlefeld teaches the system of claim 2.
However, Green in view of Genereux in view of Ihlefeld does not explicitly disclose further comprising a ventilation system including a fan inside a fan box, wherein the cover further comprises a fan switch
Berkman teaches audio equipped fan (see Title) in which comprising a ventilation system (fan assembly 100) including a fan (impeller 106) inside a fan box (housing 102) (FIGS. 1A-D illustrate an audio equipped fan assembly 100 which includes a housing 102 having an opening at its bottom to define an air inlet 102a (see Figs. 1A-D, par [0023], see Berkman); A centrifugal impeller 106 is connected directly to the output shaft 104a of motor 104 and is rotated by the output shaft 104a to pull air into the inlet 102a, through the housing interior 102c and out of the exhaust fan 100 via outlet 102b. The centrifugal fan 106 will pump a constant volume of air (constant CFM) through the fan housing at a constant fan speed and allows for quite operation (e.g., 2.0 Sones or less) (see Figs. 1A-D, par [0025], see Berkman)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the audio equipped fan taught by Berkman with the system of Green in view of Genereux in view of Ihlefeld such that to obtain further comprising a ventilation system including a fan inside a fan box in order to help reduce fan noise and thereby enhance the audio quality associated with the system, as suggested by Berkman in paragraph [0030].
Green in view of Genereux in view of Ihlefeld in view of Berkman, as modified, teaches wherein the cover further comprises a fan switch (In a preferred form, three separate wall switches are provided with each actuating one of the fan 806, light assembly 807 and heater 812, while the speakers 810d and 810e are activated independently and automatically by the motion detector 814. In this configuration, three-way wiring and switching will be used for fan 806 so that either the wall switch or the humidity sensor is able to activate the fan 806 (Fig. 8, par [0058], see Berkman). It should be understood, however, that in alternate embodiments, the fan assembly 800 may be wired in a variety of different manners. For example, if it is desired to have the fan and speakers go on at the same time, the fan and speakers could be wired together or a piggyback switch like the type discussed above could be used. Alternatively, the fan assembly could be designed so that the fan, heater, light and speakers are each independently operable via designated actuators or switches (with both speakers preferably being wired to one actuator or switch). In such an embodiment, the power strip 802 may include an additional outlet 802a which the speakers 810d and 810e may be connected to via a power cord that is controlled by a remote actuator such as a wall switch (Fig. 8, par [0058], see Berkman)), the fan switch capable of being toggled by a user to selectively activate the ventilation system (The audio-equipped fan depicted in FIGS. 10A-D includes an auxiliary power source, such as battery 1012 that can temporarily provide power to the Bluetooth speaker module 1010, under certain circumstances, e.g., in the event the actuator is toggled to switch between operating modes (Figs. 10A-D, par [0063], see Berkman). In the form shown, a signal is transmitted from the Bluetooth controller to first electronic switch 1012b to turn "on" first switch 1012b and ground the second electronic switch 1012c, thereby shutting "off" the second electronic switch 1012c or opening circuits the battery circuit so that the battery 1012a no longer supplies power to the Bluetooth module 1010. Thus, with this configuration the speaker module can operate without interruption if the user toggles the actuator to switch between operating modes of the fan assembly (e.g., between fan & speaker on mode and speaker only on mode) and is capable of automatically shutting off the speaker module if continued use is not desired or intended (Figs. 10A-D, par [0064], see Berkman)). As described herein, the user input interfaces 1442a-1442e may be actuated by a user to control one or more functions of a device connected to the speakers 1210a and 1210b from FIG. 12. As such, the user input interfaces 1442a-1442e may communicate with a connected smart phone, tablet, laptop or desktop computer, or another audio device connected to speakers 1210a-1210b (Fig. 14, par [0085], see Berkman). The remote control device 1400 may be configured such that communication between device 1400 and the fan assembly 1100 is facilitated by an infrared connection, a Bluetooth connection, a Wi-Fi connection, an RF connection, or a wired connection, among others (Fig. 14, par [0086], see Berkman). The motivation is in order to help reduce fan noise and thereby enhance the audio quality associated with the system, as suggested by Berkman in paragraph [0030].
However, Green in view of Genereux in view of Ihlefeld in view of Berkman does not explicitly disclose a fan switch adjacent to the switch.
Arneberg teaches mechanical interlock for two switches that are mounted on a common support (see Title) in which an assembly comprising: a pair of switches positioned side-by-side in spaced relation on a support plate with each of the switches including: an insulating housing having a pair of spaced sidewalls, a bottom wall extending between the sidewalls, a contact carrier movable between two positions in a cavity in the housing between the sidewalls along a plane that extends normal to the two sidewalls and the bottom wall; said assembly also comprising means including cooperating recesses and projections in the bottom walls of both switches and the support plate for locating and mounting the switches adjacent to each other on the support plate so the planes of movement of the contact carriers in the respective two switches extend in a common plane and the switches have spaced and parallel adjacent sidewalls (see claim 1 of Arneberg in col. 4, line 71 – col. 5, line 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the mechanical interlock for two switches that are mounted on a common support taught by Arneberg with the system of Green in view of Genereux in view of Ihlefeld in view of Berkman such that to obtain a fan switch adjacent to the switch in order to provide a simple, inexpensive mechanical interlock which will prevent the concomitant operation of a pair of switches to a circuit making condition, as suggested by Arneberg in column 1, lines 8-11.
Regarding claim 8, Green in view of Genereux in view of Ihlefeld in view of Berkman in view of Arneberg teaches the system of claim 7. Green in view of Genereux in view of Ihlefeld in view of Berkman in view of Arneberg, as modified, teaches wherein the switch can be toggled by a user to simultaneously activate the ventilation system, fan, and sound system (It should be understood, however, that in alternate embodiments, the fan assembly 800 may be wired in a variety of different manners. For example, if it is desired to have the fan and speakers go on at the same time, the fan and speakers could be wired together or a piggyback switch like the type discussed above could be used, Fig. 8, par [0059], see Berkman).
13. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Green U.S. Patent Application Publication 20070132596 (cited by Applicant) in view of Karst et al. U.S. Patent Application Publication 20180058458 (hereinafter, “Karst”), and further in view of Genereux et al. U.S. Patent Application Publication 20140249359 (hereinafter, “Genereux”).
Regarding claim 9, Green teaches a system for producing artificial sounds to mask noises emanating from use of a toilet (In accordance with the invention, an apparatus provides masking sounds in the vicinity of a toilet and includes a detector positioned in the vicinity of a toilet, wherein said detector comprises a transmitter, and a receiver that is in direct wireless communication with said detector and thereby activates a sound system, wherein said sound system is capable of emitting music or natural sounds, par [0013], see Green) in a bathroom (The present invention relates to masking airborne sound transmissions and is particularly directed toward masking bodily function sounds emanating from a bathroom, par [0004], see Green) having a wall and a ceiling (A disturbing and ever-present problem in contemporary living is the increasing proliferation of unwanted sound or noise. Sound striking a wall or ceiling surface is transmitted through the air in the wall or ceiling cavity. It then strikes the opposite wall surface, causing it to vibrate and transmit the sound into the adjoining room, par [0006], see Green), the system comprising:
a housing (see outside portion of electronic sound system 100, Fig. 1, see Green)
means for producing sound contained in the housing (this limitation invokes 112(f), sound generator 20, Fig. 5, Specification, page 6 lines 16-20; The sound system 100 may comprise a sound generator 106 for playing a variety of stored (prerecorded) masking sounds, such as music or nature sounds, see sound system 100 Figs. 1, 4, par [0034], see Green) (the apparatus can mask unwanted sounds, such as bodily function sounds emanating from a bathroom (i.e., toilet, par [0013], see Green).
However, Green does not explicitly disclose structured to mount to the wall of the bathroom. Karst teaches speaker fan system and method (see Title) in which as depicted in FIG. 1, a ventilation assembly 20, according to an example, can include a fan assembly 22 and a main housing 24. The main housing 24 can be mounted within an aperture in a wall or ceiling to a joist or other structure in the wall or ceiling (see Fig. 1, par [0039], see Karst).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the speaker fan system and method taught by Karst with the system of Green such that to obtain structured to mount to the wall of the bathroom in order to provide ventilation to the room, area or space, as suggested by Karst in paragraph [0059].
However, Green in view of Karst does not explicitly disclose means for storing a set of instructions (memory 24, Fig. 5, Specification page 6 lines 16-20), the storing means contained in the housing means for producing sound (this limitation invokes 112(f), sound generator 20, Fig. 5, Specification, page 6 lines 16-20) contained in the housing and coupled to the storing means (this limitation invokes 112(f), memory 24, Fig. 5, Specification, page 6, lines 16-20); masking frequencies of noise.
Genereux teaches sound machine with pseudo random white noise generator
(see Title) in which the sound machines heretofore typically included a dedicated micro controller for sound playback and a memory having prerecorded therein one or more of these different types of white noise sounds to provide different sleep therapy regimens to tinnitus sufferers and others who may benefit from white noise sound therapy (par 0008], see Genereux); Any suitable microcontroller (i.e., including processor and memory) or other processor could be employed without departing from the inventive concepts (see Fig. 1A, par [0030], see Genereux); The sound machine 10 includes a housing schematically illustrated by box 36; see also a pseudo random white noise generator generally designated 20 having a processor 22 (Fig. 1, par [0034], see Genereux); This means that the sound contains white noise from zero (0) kHz up to a maximum of sixteen and a half (16.5) kHz (par [0045], see Genereux). Referring now to FIG. 6, generally designated at 160 is a flowchart illustrating the manner the processor of the pseudo random white noise generator algorithmically changes the sequence of the "1's" and "0's" of the pseudo random bit stream (i.e., including memory) to controllably provide white noise bandwidth control (Fig. 6, par [0081], see Genereux); the processor of the pseudo random noise generator is operative in response to user input control information to provide a pseudo random digital bit stream (i.e., including memory) at its output port at a bit rate suitable for sound therapy. An analog amplifier is coupled to the output port and responsive to the pseudo random digital bit stream at a bit rate suitable for sound therapy to provide an analog white noise signal at a frequency audible to tinnitus sufferers and others seeking noise-masking or help to relax or to fall asleep (par [0013]), see Genereux). In other words, Genereux provides masking frequency of unwanted sounds, such as bodily function sounds emanating from a bathroom, which Green is seeking.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sound machine with pseudo random white noise generator taught by Genereux with the system of Green in view of Karst such that to obtain means for storing a set of instructions, the storing means contained in the housing means for producing sound contained in the housing and coupled to the storing means; masking frequencies of noise for purpose of providing sound therapy to others seeking noise-masking as suggested by Genereux in paragraph [0011].
14. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Weinstein Ide et al. U.S. Patent Application Publication 20030222785 (hereinafter, “Weinstein Ide”) in view of Ihlefeld et al. U.S. Patent Application Publication 20120060270 (hereinafter, “Ihlefeld”).
Regarding claim 10, Weinstein Ide teaches a device for producing artificial sounds to mask noises associated with use of a toilet located in an interior of a room having a wall (In FIG. 1 there is also shown a sound producing device 28 that is affixed to the side wall 14 and its use will be later explained, it being noted, however, that the sound producing device 28 can provide a sound when a person is within the enclosed environment of the cubicle 10 to cover up the unwanted noises that occur when a person is being relieved therein (Fig. 1, par [0018]). Obviously, the means of affixing the sound producing device 28 to the cubicle depends on whether the cubicle 10 is located in a private structure or a public rest room since, if the latter, the means of affixation would need to be of a more permanent, theftproof nature (Fig. 1, par [0020], see Weinstein Ide) the device comprising:
a housing sized and shaped (see sound producing device 28, Fig. 2A) to be mounted on or within the wall (the sound producing device 28 can be affixed to the side wall 14 by a variety of means, including an adhesive that may be pre-applied to the sound producing device 28, or may be a more permanent installation such as by screws, bolts or rivets designed so as to prevent the removal of the sound producing device 28 to the side wall 14, (Figs. 1, 2A, 2B, par [0019], see Weinstein Ide));
an interior of the housing being formed by at least five housing walls and a cover (see the six side wall of sound producing device 10; Turning now to FIGS. 2A and 2B, taken along with FIG. 1, there is shown perspective views showing, respectively, the front 30 (corresponds to a cover) and the rear 32 of the sound producing device 10 of the present invention, see Figs. 2A, 2B, par [0021], see Weinstein Ide),
a switch (switch 38, Fig. 2A) mounted in the housing (In the sound producing device 28 there is a box 34 containing the sound producing components and which includes a speaker 36, an off-on switch 38, see Figs. 2A, 2B, par [0021], see Weinstein Ide);
a sound system located within the housing and coupled to the switch, the sound system adapted to produce a sound (via speaker 36, Fig. 2A; In the sound producing device 28 there is a box 34 containing the sound producing components and which includes a speaker 36, an off-on switch 38, see Figs. 2A, 2B, par [0021], see Weinstein Ide) capable of substantially masking the noises associated with use of the toilet in the range of human hearing (In FIG. 1 there is also shown a sound producing device 28 that is affixed to the side wall 14 and its use will be later explained, it being noted, however, that the sound producing device 28 can provide a sound when a person is within the enclosed environment of the cubicle 10 to cover up the unwanted noises that occur when a person is being relieved therein Fig. 1, par [0018], see Weinstein Ide)); and
at least one opening formed in the cover (see opening at speaker 36, Fig. 2A) that communicates with the interior of the housing and the interior of the room to allow the sound to be emitted from the housing (In any event, the activation means, in some manner, senses the presence of a person within the cubicle or rest room and thereupon activates the sound producing device to emit a sound to cover up the normal noises of a person using the rest room facilities (par [0009], see Weinstein Ide)).
However, Weinstein Ide does not explicitly disclose the cover sized and shaped to releasably engage with the housing.
Ihlefeld teaches appliance for a toilet having a flush responsive audio player (see Title) in which referring now to FIG. 2, generally designated at 90 is an exploded pictorial view illustrating an appliance for a toilet having a flush responsive audio player in accord with the present invention. The appliance 90 includes a printed circuit board generally designated 92 mounted within a clamshell housing generally designated 94 (Fig. 2, par [0030], see Ihlefeld). The clamshell housing 94 includes mating (i.e., sized and shaped to releasably engage) front and rear housing portions 112, 114 preferably of transparent plastic material. A card 116 is inset into the front housing portion 112 (corresponds to a cover) of the clamshell housing 94 and a card 118 is inserted in the rear housing portion 114 (corresponds to the housing) of the clamshell housing 94 (Fig. 2, par [0032], see Ihlefeld).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the appliance for a toilet having a flush responsive audio player taught by Ihlefeld with the device of Weinstein Ide such that to obtain the cover sized and shaped to releasably engage with the housing g in order to transform the bathroom experience into a more enjoyable and/or informative experience, as suggested by Ihlefeld in paragraph [0005].
15. Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Weinstein Ide et al. U.S. Patent Application Publication 20030222785 (hereinafter, “Weinstein Ide”) in view of Ihlefeld et al. U.S. Patent Application Publication 20120060270 (hereinafter, “Ihlefeld”), and further in view of Berkman et al. U.S. Patent Application Publication 20140360805 (hereinafter, “Berkman”).
Regarding claim 11, Weinstein Ide in view of Ihlefeld teaches the device of claim 10. However, Weinstein Ide in view of Ihlefeld does not explicitly disclose wherein the device forms a portion of a ventilation system for ventilating a room having a toilet, the ventilation system comprising means for (this limitation invokes 112(f), includes a fan 14, Fig. 6, Specification, page 7, lines 14-19) ventilating the room; wherein the switch mounted in the housing is configured to be toggled by a user to activate the ventilation system.
Berkman teaches audio equipped fan (see Title) in which comprising a ventilation system (fan assembly 100) including a fan (impeller 106) inside a fan box (housing 102) (FIGS. 1A-D illustrate an audio equipped fan assembly 100 which includes a housing 102 having an opening at its bottom to define an air inlet 102a (see Figs. 1A-D, par [0023], see Berkman); A centrifugal impeller 106 is connected directly to the output shaft 104a of motor 104 and is rotated by the output shaft 104a to pull air into the inlet 102a, through the housing interior 102c and out of the exhaust fan 100 via outlet 102b. The centrifugal fan 106 will pump a constant volume of air (constant CFM) through the fan housing at a constant fan speed and allows for quite operation (e.g., 2.0 Sones or less) (see Figs. 1A-D, par [0025], see Berkman)). The audio-equipped fan depicted in FIGS. 10A-D includes an auxiliary power source, such as battery 1012 that can temporarily provide power to the Bluetooth speaker module 1010, under certain circumstances, e.g., in the event the actuator is toggled to switch between operating modes (Figs. 10A-D, par [0063], see Berkman). In the form shown, a signal is transmitted from the Bluetooth controller to first electronic switch 1012b to turn "on" first switch 1012b and ground the second electronic switch 1012c, thereby shutting "off" the second electronic switch 1012c or opening circuits the battery circuit so that the battery 1012a no longer supplies power to the Bluetooth module 1010. Thus, with this configuration the speaker module can operate without interruption if the user toggles the actuator to switch between operating modes of the fan assembly (e.g., between fan & speaker on mode and speaker only on mode) and is capable of automatically shutting off the speaker module if continued use is not desired or intended (Figs. 10A-D, par [0064], see Berkman)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the audio equipped fan taught by Berkman with the device of Weinstein Ide in view of Ihlefeld such that to obtain wherein the device forms a portion of a ventilation system for ventilating a room having a toilet, the ventilation system comprising means for ventilating the room; wherein the switch mounted in the housing is configured to be toggled by a user to activate the ventilation system in order to help reduce fan noise and thereby enhance the audio quality associated with the system, as suggested by Berkman in paragraph [0030].
16. Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Weinstein Ide et al. U.S. Patent Application Publication 20030222785 (hereinafter, “Weinstein Ide”) in view of Ihlefeld et al. U.S. Patent Application Publication 20120060270 (hereinafter, “Ihlefeld”) in view of Berkman et al. U.S. Patent Application Publication 20140360805 (hereinafter, “Berkman”), and further in view of Horrall et al. U.S. Patent Application 20070133816 (hereinafter, “Horrall).
Regarding claim 12, Weinstein Ide in view of Ihlefeld in view of Berkman teaches the device of claim 11. However, Weinstein Ide in view of Ihlefeld in view of Berkman does not explicitly disclose wherein the system is further adapted to only produce sound comprised of frequencies that substantially mask the noises associated with the use of the toilet and that does not produce substantial sound at other frequencies.
Horrall teaches sound masking system (see Title) in which in some circumstances in the embodiments described herein, it may be advantageous to provide a method of adjusting the sound masking spectrum in order to properly tailor the sound masking spectrum to the particular area to be masked. Often, the masking signal generator is not easily accessible physically after installation, making any post-installation adjustments directly to the masking signal generator difficult and/or time consuming and costly. The sound masking system according to the invention preferably is provided with a remote control unit that uses, e.g., infrared, radio frequency, ultrasonic, or other signals to transmit data and commands to a complementary receiver coupled to the masking signal generator. The remote control unit can be used to select one of a plurality of predetermined sound masking spectra that are stored as sets of information in the masking signal generator for providing from a recipient loudspeaker assembly an acoustic sound masking signal having the selected spectrum (i.e., does not produce substantial sound at other frequencies). This allows a user to select the sound masking spectrum that provides the best AI performance for a specified office design for the space of interest (par [0049], see Horrall).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the sound masking system taught by Horrall with the device of Weinstein Ide in view of Ihlefeld in view of Berkman such that to obtain wherein the system is further adapted to only produce sound comprised of frequencies that substantially mask the noises associated with the use of the toilet and that does not produce substantial sound at other frequencies for purpose of reducing the overall power consumption and improving the overall energy efficiency, as suggested by Horrall in paragraph [0061].
17. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Weinstein Ide et al. U.S. Patent Application Publication 20030222785 (hereinafter, “Weinstein Ide”) in view of Ihlefeld et al. U.S. Patent Application Publication 20120060270 (hereinafter, “Ihlefeld”) in view of Berkman et al. U.S. Patent Application Publication 20140360805 (hereinafter, “Berkman”), and further in view of Arneberg et al. U.S. Patent 3592985 (hereinafter, “Arneberg”).
Regarding claim 13, Weinstein Ide in view of Ihlefeld in view of Berkman teaches the device of claim 11. Weinstein Ide in view of Ihlefeld in view of Berkman, as modified, teaches wherein the system further comprises a fan switch (In a preferred form, three separate wall switches are provided with each actuating one of the fan 806, light assembly 807 and heater 812, while the speakers 810d and 810e are activated independently and automatically by the motion detector 814. In this configuration, three-way wiring and switching will be used for fan 806 so that either the wall switch or the humidity sensor is able to activate the fan 806 (Fig. 8, par [0058], see Berkman). It should be understood, however, that in alternate embodiments, the fan assembly 800 may be wired in a variety of different manners. For example, if it is desired to have the fan and speakers go on at the same time, the fan and speakers could be wired together or a piggyback switch like the type discussed above could be used. Alternatively, the fan assembly could be designed so that the fan, heater, light and speakers are each independently operable via designated actuators or switches (with both speakers preferably being wired to one actuator or switch). In such an embodiment, the power strip 802 may include an additional outlet 802a which the speakers 810d and 810e may be connected to via a power cord that is controlled by a remote actuator such as a wall switch (Fig. 8, par [0058], see Berkman), wherein the fan switch can be toggled by the user to activate only the means for ventilating the room (this limitation invokes 112(f), includes a fan 14, Fig. 6, Specification, page 7, lines 14-19; The audio-equipped fan depicted in FIGS. 10A-D includes an auxiliary power source, such as battery 1012 that can temporarily provide power to the Bluetooth speaker module 1010, under certain circumstances, e.g., in the event the actuator is toggled to switch between operating modes (Figs. 10A-D, par [0063], see Berkman). In the form shown, a signal is transmitted from the Bluetooth controller to first electronic switch 1012b to turn "on" first switch 1012b and ground the second electronic switch 1012c, thereby shutting "off" the second electronic switch 1012c or opening circuits the battery circuit so that the battery 1012a no longer supplies power to the Bluetooth module 1010. Thus, with this configuration the speaker module can operate without interruption if the user toggles the actuator to switch between operating modes of the fan assembly (e.g., between fan & speaker on mode and speaker only on mode) and is capable of automatically shutting off the speaker module if continued use is not desired or intended (Figs. 10A-D, par [0063], see Berkman)) but not the device for producing artificial sounds (this limitation invokes 112(f), sound generator 20, Fig. 5, Specification, page 6 lines 16-20; Alternatively, the fan assembly could be designed so that the fan, heater, light and speakers are each independently operable via designated actuators or switches (with both speakers preferably being wired to one actuator or switch). In such an embodiment, the power strip 802 may include an additional outlet 802a which the speakers 810d and 810e may be connected to via a power cord that is controlled by a remote actuator such as a wall switch (Fig. 8, par [0058], see Berkman)).
However, Weinstein Ide in view of Ihlefeld in view of Berkman does not explicitly disclose a fan switch adjacent to the switch.
Arneberg teaches mechanical interlock for two switches that are mounted on a common support (see Title) in which an assembly comprising: a pair of switches positioned side-by-side in spaced relation on a support plate with each of the switches including: an insulating housing having a pair of spaced sidewalls, a bottom wall extending between the sidewalls, a contact carrier movable between two positions in a cavity in the housing between the sidewalls along a plane that extends normal to the two sidewalls and the bottom wall; said assembly also comprising means including cooperating recesses and projections in the bottom walls of both switches and the support plate for locating and mounting the switches adjacent to each other on the support plate so the planes of movement of the contact carriers in the respective two switches extend in a common plane and the switches have spaced and parallel adjacent sidewalls (see claim 1 of Arneberg in col. 4, line 71 – col. 5, line 9).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the mechanical interlock for two switches that are mounted on a common support taught by Arneberg with the device of Weinstein Ide in view of Ihlefeld in view of Berkman such that to obtain a fan switch adjacent to the switch in order to provide a simple, inexpensive mechanical interlock which will prevent the concomitant operation of a pair of switches to a circuit making condition, as suggested by Arneberg in column 1, lines 8-11.
18. Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Green U.S. Patent Application Publication 20070132596 (cited by Applicant) in view of Genereux et al. U.S. Patent Application Publication 20140249359 (hereinafter, “Genereux”) in view of Harris U.S. Patent 7380292 in view of Berkman et al. U.S. Patent Application Publication 20140360805 (hereinafter, “Berkman”) in view of Weinstein Ide et al. U.S. Patent Application Publication 20030222785 (hereinafter, “Weinstein Ide”), and in view of Ihlefeld et al. U.S. Patent Application Publication 20120060270 (hereinafter, “Ihlefeld”).
Regarding claim 14, Green in view of Genereux teaches the system of claim 1.
However, Green in view of Genereux does not explicitly disclose wherein the system forms a portion of a ventilation system for ventilating a room having a toilet, the ventilation system comprising a means for ventilating the room, wherein the system for producing artificial sounds to mask noises emanating from of a toilet further comprises: a switch mounted in the housing .
Harris teaches toilet modular system with ventilation and automation devices (see Title) wherein the system forms a portion of a ventilation system for ventilating a room having a toilet (The ventilation part of this invention is designed to solve the bathroom odor problem by exhausting odorous air from the toilet bowl and seat area before the odor is allowed to escape. This system efficiently removes the odor-filled air from in and around the toilet bowl and transports it from the bowl through a very unique ductwork sequence to the outside environment (col. 4, lines 2-8, see Harris)), the ventilation system comprising a means for ventilating the room (this limitation invokes 112(f), includes a fan 14, Fig. 6, Specification, page 7, lines 14-19; In the above case, if the existing toilet exhaust vent also has an attic mounted fan attached, then the consumer could purchase a kit that does not include a vacuum pump (i.e., including a fan) in the modular case. Though most of the ventilation components of the modular case would be replaced with a simple connecting duct from the snorkel duct to the exhaust duct (col. 10, 24-29, see Harris));
wherein the system for producing artificial sounds to mask noises emanating from of a toilet (A sound producing device with prerecorded music or sound effects and a volume level control can adequately mask any normal bathroom sounds. Indeed, one of the selections of sounds from the sound generator could be the sound of a continually flushing toilet. The sound module can be controlled by the central control circuitry of the modular case or could use its own built-in amplifier and recording circuitry, col. 8, lines 19-26, see Harris) further comprises:
a switch mounted in the housing that can be activated by a user to activate the ventilation system (Once the seat lid is completely raised (i.e., by a user), the magnet in the lid will activate the switch in the modular case, that will send the signal to the control unit that the lid is raised and to then activate the ventilator vacuum pump, col. 9, lines 14-17, see Harris); and
at least one speaker (speaker 125, Figs. 42, 43, see Harris) located within the means for ventilating the room (see modular case 51, Fig. 1) and coupled to the sound system (sound generation module 78, Fig. 1) to amplify (via amplifier module 127, Fig. 43) the sound (FIG. 41 illustrates a sound module cover 134 mounted in the front panel of the modular case assembly 51 and how it can be removed to be swapped out with a sound generator module assembly 78. FIG. 42 is a front perspective view of the sound generator module. FIG. 43 is a rear perspective view of the sound generator module 78 to show the speaker 125, grill 124 and electronic amplifier module 127, see Figs. 1, 42, 43, col. 22, lines 15-22, see Harris);
wherein the sound system is coupled to the switch (The modular case houses an electronic module containing a microprocessor and other circuit components to operate as the central logic of the current invention to control many of the attached components, such as the ventilator, seat and seat lid motors, flush actuator and sound generation system. The modular case has front panels that have sensors and switches for controlling the automation devices, col. 8, line 67- col. 9, line 7, see Harris), and
wherein the sound produced by the sound system is in the range of human hearing (A sound producing device with prerecorded music or sound effects and a volume level control can adequately mask any normal bathroom sounds. Indeed, one of the selections of sounds from the sound generator could be the sound of a continually. A sound producing device with prerecorded music or sound effects and a volume level control can adequately mask any normal bathroom sounds. Indeed, one of the selections of sounds from the sound generator could be the sound of a continually flushing toilet. The sound module can be controlled by the central control circuitry of the modular case or could use its own built-in amplifier and recording circuitry. The sound module can be controlled by the central control circuitry of the modular case or could use its own built-in amplifier and recording circuitry, col. 8, lines 20-26, see Harris).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the toilet modular system with ventilation and automation devices taught by Harris with the system of Green in view of Genereux such that to obtain wherein the system forms a portion of a ventilation system for ventilating a room having a toilet, the ventilation system comprising a means for ventilating the room, wherein the system for producing artificial sounds to mask noises emanating from of a toilet further comprises: a switch mounted in the housing to activate the ventilation system; and at least one speaker located within the means for ventilating the room and coupled to the sound system to amplify the sound, wherein the sound system is coupled to the switch, and wherein the sound produced by the sound system is in the range of human hearing in order to provide one size fits all package to reduce manufacturing costs, as suggested by Harris in column 9, lines 54-55.
However, Green in view of Genereux in view of Harris does not explicitly disclose can be toggled by a user.
Berkman teaches audio equipped fan (see Title) in which the audio-equipped fan depicted in FIGS. 10A-D includes an auxiliary power source, such as battery 1012 that can temporarily provide power to the Bluetooth speaker module 1010, under certain circumstances, e.g., in the event the actuator is toggled to switch between operating modes (Figs. 10A-D, par [0063], see Berkman). Thus, with this configuration the speaker module can operate without interruption if the user toggles the actuator to switch between operating modes of the fan assembly (e.g., between fan & speaker on mode and speaker only on mode) and is capable of automatically shutting off the speaker module if continued use is not desired or intended (Figs. 10A-D, par [0064], see Berkman)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the audio equipped fan taught by Berkman with the system of Green in view of Genereux in view of Harris such that to obtain can be toggled by a user in order to help reduce fan noise and thereby enhance the audio quality associated with the system, as suggested by Berkman in paragraph [0030].
However, Green in view of Genereux in view of Harris in view of Berkman does not explicitly disclose wherein the housing is sized and shaped to be mounted on or within a wall of the room; wherein the interior of the housing is formed by at least five housing walls and a cover.
Weinstein Ide teaches rest room sound producing device (see Tittle) wherein the housing is sized and shaped (see sound producing device 28, Fig. 2A, see Weinstein Ide) to be mounted on or within a wall of the room wall (the sound producing device 28 can be affixed to the side wall 14 by a variety of means, including an adhesive that may be pre-applied to the sound producing device 28, or may be a more permanent installation such as by screws, bolts or rivets designed so as to prevent the removal of the sound producing device 28 to the side wall 14, (Figs. 1, 2A, 2B, par [0019], see Weinstein Ide)); an interior of the housing being formed by at least five housing walls and a cover (see the six side wall of sound producing device 10; Turning now to FIGS. 2A and 2B, taken along with FIG. 1, there is shown perspective views showing, respectively, the front 30 (corresponds to a cover) and the rear 32 of the sound producing device 10 of the present invention, see Figs. 2A, 2B, par [0021], see Weinstein Ide).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the rest room sound producing device taught by Weinstein Ide with the system of Green in view of Genereux in view of Harris in view of Berkman such that to obtain wherein the housing is sized and shaped to be mounted on or within a wall of the room; wherein the interior of the housing is formed by at least five housing walls and a cover in order to provide a sound when a person is within the enclosed environment of the cubicle to cover up the unwanted noises that occur when a person is being relieved therein, as suggested by Weinstein Ide in paragraph [0018].
However, Green in view of Genereux in view of Harris in view of Berkman in view of Weinstein Ide does not explicitly disclose encoded by the set of instructions; the cover sized and shaped to releasably engage with the housing.
Ihlefeld teaches appliance for a toilet having a flush responsive audio player (see Title) in which the memory 156 includes programmable ROM containing program code, and data RAM containing pre-installed audio content, both not shown. Preferably, three tracks of pre-installed audio content preferably in MP3 format are stored in the internal memory 156, although a different number of at least one track of audio content and/or audio content in a different format may be employed (Fig. 3, par [0036], see Ihlefeld); referring now to FIG. 2, generally designated at 90 is an exploded pictorial view illustrating an appliance for a toilet having a flush responsive audio player in accord with the present invention. The appliance 90 includes a printed circuit board generally designated 92 mounted within a clamshell housing generally designated 94 (Fig. 2, par [0030], see Ihlefeld). The clamshell housing 94 includes mating (i.e., sized and shaped to releasably engage) front and rear housing portions 112, 114 preferably of transparent plastic material. A card 116 is inset into the front housing portion 112 (corresponds to a cover) of the clamshell housing 94 and a card 118 is insert in the rear housing portion 114 (corresponds to the housing) of the clamshell housing 94 (Fig. 2, par [0032], see Ihlefeld).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the appliance for a toilet having a flush responsive audio player taught by Ihlefeld with the system of Green in view of Genereux in view of Harris in view of Berkman in view of Weinstein Ide such that to obtain encoded by the set of instructions; the cover sized and shaped to releasably engage with the housing g in order to transform the bathroom experience into a more enjoyable and/or informative experience, as suggested by Ihlefeld in paragraph [0005].
Conclusion
19. The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Inventor
Publication
Number
Disclosure
Zauhar et al.
US Patent
9414142
FIG. 1 is exploded view of the ceiling mounted ventilation fan 1 with wireless speaker 52 (col. 4, lines 30-31).
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/C.P.T/Examiner, Art Unit 2695
/VIVIAN C CHIN/Supervisory Patent Examiner, Art Unit 2695
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