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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description:
10 ,12, 14, 16, 18, 20, 22, 24, 26, 28, 30, 32
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description:
1, 2, 3, 4, 5
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
Applicant is reminded of the proper content of an abstract of the disclosure.
A patent abstract is a concise statement of the technical disclosure of the patent and should include that which is new in the art to which the invention pertains. The abstract should not refer to purported merits or speculative applications of the invention and should not compare the invention with the prior art.
If the patent is of a basic nature, the entire technical disclosure may be new in the art, and the abstract should be directed to the entire disclosure. If the patent is in the nature of an improvement in an old apparatus, process, product, or composition, the abstract should include the technical disclosure of the improvement. The abstract should also mention by way of example any preferred modifications or alternatives.
Where applicable, the abstract should include the following: (1) if a machine or apparatus, its organization and operation; (2) if an article, its method of making; (3) if a chemical compound, its identity and use; (4) if a mixture, its ingredients; (5) if a process, the steps.
Extensive mechanical and design details of an apparatus should not be included in the abstract. The abstract should be in narrative form and generally limited to a single paragraph within the range of 50 to 150 words in length.
See MPEP § 608.01(b) for guidelines for the preparation of patent abstracts.
The abstract of the disclosure is objected to because :
The abstract merely states “sanitary toilet (sani-toilet) is disclosed” which does not describe the claimed toilet ventilation system.
A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: Toilet ventilation system.
The disclosure is objected to because of the following informalities:
The disclosure appears to be narrative in nature, does not reference any of the reference numbers/signs used in the figures and contains numerous typographical errors. As a non-limiting example Pg. 2 of the specification includes the paragraph/line:
“this can be make into thebtoilet at manufacture or retrofitted into a toilet after manufacture”.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 introduces an actuation rod and defines it as having “a first end and a second end”. The claim then introduces a lifting rod and defines it as having “a first end and a second end” before then requiring:
“the lifting rod having a second coupling proximate to the first end and a third coupling proximate to the second end”
At this point in the claim there are two ‘first ends’ and two ‘second ends’ with the claim failing to clearly differentiate between which ‘first end’ and ‘second end’ are being discussed. This can create confusion, especially as the claim then defines a relationship between the lifting and actuation rods and how they couple together.
For the purpose of examination the claim is being interpreted as requiring:
‘the lifting rod having a second coupling proximate to the first end of the lifting rod and a third coupling proximate to the second end of the lifting rod’.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2,021,402 (Blodgett).
Regarding claim 1, Blodgett discloses a venting system installed on a bathroom fixture (Fig. 1), comprising:
an actuation rod (21) having a first end and a second end (Fig. 8), the actuation rod including a first coupling proximate to the second end (Fig. 8, annotated figure below; The coupling to lifting rod 22);
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a lifting rod (22) having a first end and a second end, the lifting rod having a second coupling proximate to the first end and a third coupling proximate to the second end (Figs. 1, 3, annotated below), wherein the first coupling of the actuation rod is connected to the second coupling (Fig. 8, annotated above); and
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a plunger (24) disposed inside of a spring (29), the plunger connected to the third coupling (Fig. 3, annotated figure below).
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Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 725,425 (Drouillard) is a toilet ventilation device comprising an actuation rod engaged to a lever which is engaged to a plunger within a spring that selectively opens a passage for a ventilation system function.
US 1,236,184 (Klemme) is a toilet ventilation system comprising an actuation rod coupled to a lifting rod coupled to a spring biased valve/door.
US 1,257,331 (Duff) is a ventilation system for a toilet comprising a first rod coupled to a plunger within a spring.
US 1,389,896 (Pfau) is a toilet ventilation system comprising a spring biased plunger actuated by a rod coupled to a toilet seat or lid.
US 1,861,501 (Lowther) is a toilet ventilation system comprising an actuating rod coupled to a lifting rod coupled to a spring biased valve.
US 1,997,695 (Nielsen) teaches a toilet ventilation system comprising a lifting rod coupled to a plunger.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS A ROS/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754