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 .
Response to Arguments
Applicant's arguments filed 1/2/26 have been fully considered but they are not persuasive.
Applicant has argued (Remarks, Pg. 8) that Funk (US 6,029,286) fails to teach a support arm with a middle section comprising a middle portion slidably nested between two outer portions to which the examiner disagrees. As seen in the annotated figures below Funk does teach such an arrangement.
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In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., requiring that the conduit extend through the entirety of the support arm including the middle portion of the telescoping middle section) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim 1 requires that the support arm “comprising an air conduit therein” which does not require that an air conduit extend throughout the entirety of the support arm merely that an air conduit is at some point passes through part of the support arm structure.
Claim 11 only requires a method of sucking air out of a toilet bowl through the vented head “and an air conduit”, the claim does not limit the structure, form or placement of the air conduit and does not require that it extend fully throughout the support arm or a specific part of the support arm.
Claim 16 requires “a support arm configured to fit onto an upper portion of a toilet bowl and comprising an air conduit therein”, the claim does not require that an air conduit extend throughout the entirety of the support arm merely that an air conduit is at some point passes through part of the support arm structure.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1, 3, 10-11 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over US 2013/0276220 (Cogswell) in view of US 8,603,257 (Burt) and US 6,029,286 (Funk).
Regarding claim 1, Cogswell discloses a toilet odor filter device comprising:
a support arm (34/36/38) configured to fit onto an upper portion of a toilet bowl (Fig. 2) and comprising an air conduit therein (50);
a vented head (40/52) at a first end of the support arm and being positionable in the toilet bowl;
a filter assembly attached to a second end of said support arm and being positionable outside a toilet bowl (Fig. 2), wherein said filter assembly comprises:
a housing (30),
a suction fan (86) disposed in said housing and configured to suction malodorous air from a toilet bowl through said vented head and said air conduit, and
an air filter (96/98/100) disposed in said housing and configured to filter odor-causing particles from suctioned malodorous air.
Cogswell, however, discloses that the ventilated head is part of the support arm rather than being attached to it. While Cogswell states that the device comprises a support arm configured to hang over an upper part of a toilet bowl (Fig. 2) as previously discussed it does not state that the support arm comprises sections pivotally connected by joints including a telescoping middle section with a middle portion slidably nested between outer portions.
Burt teaches a sanitation system for a toilet comprising a housing (20) coupled to the toilet bowl by a support arm (60) comprising a conduit (49) which extends over/around the upper part of the toilet bowl (Figs. 2-5) and a spray aperture (100) which can be formed on part of the support arm (Figs. 2-5) or attached separately as part of a spray head (150) connected by a hinge so as to facilitate positioning of the head and aperture (C22 L21-27). Burt further teaches that the support arm can be formed in a chosen number of sections connected by an appropriate number of joints to achieve a desired result/form including forming a U-shaped support arm (Fig. 7 – joint 40 joins two sections; Figs. 11A-11C – multiple segments 133 joined by joints 134) (C14 L58 – C15 L16; C17 L17 - C18 L8) to better adapt to different toilets.
It would have been obvious to one of ordinary skill in the art to form the inlet as an attached vented head, as taught by Burt, so that the inlet can be positioned/oriented within the toilet bowl to a desired position to improve performance, clear other structures or for aesthetic purposes (concealment).
It would have been obvious to one of ordinary skill in the art to configure the support arm in a plurality of sections joined by a plurality of joints, as taught by Burt, so as to facilitate use of the device on toilet rims of different shapes and/or so as to facilitate more compact storage of the device.
Funk teaches a sanitary device for a toilet comprising a conduit (60) extending into an interior of a toilet bowl and supported by a support arm (80) which attaches to an upper surface/rim of the toilet bowl (Figs. 1, 2). Funk further teaches that the support arm is formed with first and second vertical sections for opposing sides of the toilet rim and a telescoping middle section having a middle portion slidably nested between outer portions for adjustment to different width rims (annotated figures below).
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It would have been obvious to one of ordinary skill in the art to configure a middle section of the support arm to be telescopic with a middle portion slidably nested between outer portions, as taught by Funk, so as to facilitate secure attachment of the device on toilets of various sizes/designs.
Regarding claim 3, Cogswell in view of Burt and Funk teaches the formation of a support arm having multiple jointed sections as previously discussed.
Burt further teaches that the support arm can be provided with different numbers of jointed sections and can be configured to fold to different degrees/angles (C17 L17 - C18 L8) and that the support arm can be arranged to be flat instead of bent into an L-shape or U-shape.
As such the support arm as taught with a plurality of jointed sections is configured to be folded into a compact profile for transport, either through multiple sections folding closer to one another or through the support arm being made straight to reduce its height/outward projection.
Regarding claim 10, Cogswell states that the air filter is disposable (0027 – removed and replaced).
Regarding claim 11, Cogswell discloses a method of using a toilet odor filter device comprising:
providing a toilet odor device comprising:
a support arm (34/36/38) configured to fit onto an upper portion of a toilet bowl (Fig. 2) and comprising an air conduit therein (50);
a vented head (38/40/52) at a first end of the support arm and being positionable in the toilet bowl;
a filter assembly attached to a second end of said support arm and being positionable outside a toilet bowl (Fig. 2), wherein said filter assembly comprises:
a housing (30),
a suction fan (86) disposed in said housing and configured to suction malodorous air from a toilet bowl through said vented head and said air conduit, and
an air filter (96/98/100) disposed in said housing and configured to filter odor-causing particles from suctioned malodorous air.
placing said support arm onto an upper portion of a toilet bowl with said vented head positioned in the toilet bowl and said filter assembly positioned outside the toilet bowl (Fig. 2);
using said toilet and producing malodorous air (it is a device for filtering odorous air when a user uses a toilet); and
activating said suction fan and suctioning the malodorous air from the toilet bowl through said vented head and said air conduit and filtering out odor-causing particles from the suctioned malodorous air with said air filter (Para. 0008, 0034).
Cogswell, however, discloses that the ventilated head is part of the support arm rather than being attached to it. Cogswell states that the support arm is L-shaped instead of U-shaped and does not state that said step of placing said support arm onto the upper portion of the toilet bowl comprises pivoting arm sections of said support arm pivotably connected by joints and shaping said support arm in a U-shape for hanging over the upper portion of the toilet bowl including a telescoping middle section with a middle portion slidably nested between outer portions.
. Burt teaches a method of providing a sanitation system for a toilet comprising a housing (20) coupled to the toilet bowl by a support arm (60) comprising a conduit (49) which extends over/around the upper part of the toilet bowl in a U-shape (Figs. 2-5) and a spray aperture (100) which can be formed on part of the support arm (Figs. 2-5) or attached separately as part of a spray head (150) connected by a hinge so as to facilitate positioning of the head and aperture (C22 L21-27). Burt further teaches forming the support arm in a chosen number of sections connected by an appropriate number of joints to achieve a desired result/form and the method of shaping the support arm into a U-shape for hanging on the toilet (Fig. 7 – joint 40 joins two sections; Figs. 11A-11C – multiple segments 133 joined by joints 134) (C14 L58 – C15 L16; C17 L17 - C18 L8).
It would have been obvious to one of ordinary skill in the art to form the inlet as an attached vented head, as taught by Burt, so that the inlet can be positioned/oriented within the toilet bowl to a desired position to improve performance, clear other structures or for aesthetic purposes (concealment).
It would have been obvious to one of ordinary skill in the art to configure the support arm in a plurality of sections joined by a plurality of joints and to utilize said sections and joints to shape the support arm into a U-shape, as taught by Burt, so as to facilitate use of the device on toilet rims of different shapes, to facilitate selection of the vertical displacement of the filter assembly/housing and/or so as to facilitate more compact storage of the device.
Funk teaches a method of providing a sanitary device for a toilet comprising a conduit (60) extending into an interior of a toilet bowl and supported by a support arm (80) which attaches to an upper surface/rim of the toilet bowl (Figs. 1, 2). Funk further teaches that the support arm is formed with first and second vertical sections for opposing sides of the toilet rim and a telescoping middle section having a middle portion slidably nested between outer portions for installation over the rim and adjustment to different width rims (annotated figure below).
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It would have been obvious to one of ordinary skill in the art to configure a middle section of the support arm to be telescopic with a middle portion slidably nested between outer portions, as taught by Funk, so as to facilitate secure attachment of the device on toilets of various sizes/designs.
Regarding claim 13, Cogswell in view of Burt and Funk teaches the formation of a support arm having multiple jointed sections and folding them into a U-shaped profile to install on the toilet as previously discussed.
Burt further teaches that the support arm can be provided with different numbers of jointed sections and can be configured to fold to different degrees/angles (C17 L17 - C18 L8) and that the support arm can be arranged to be flat instead of bent into an L-shape or U-shape.
As such it would have been obvious to one of ordinary skill in the art to either fold the support arm further upon itself or to extend the arm to lay flat, as taught by Burt, so as to arrange the support arm in a compact form for transport
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Cogswell in view of Burt and Funk as applied to claim 1 above, and further in view of US 10,233,625 (Allison).
Regarding claim 5, Cogswell in view of Burt and Funk teaches the formation of a toilet odor filter device comprising a vented head as previously discussed. While Cogswell states the inclusion of one orifice (52) on the vent head it does not explicitly discuss the use of multiple orifices.
Allison teaches a ventilation system (10) for a toilet comprising a motor (37) driving an exhaust fan (35), filters (50) and a vented head (22) for entraining air wherein the vented head is provided with a plurality of orifices (28/30).
It would have been obvious to one of ordinary skill in the art to provide the vented head with a plurality of orifices, as taught by Allison, to facilitate providing a greater total opening area for entraining air while also preventing undesired objects/waste from entering the system by dividing/separating the inlets.
Regarding claim 6, Cogswell in view of Burt, Funk and Allison teaches the formation of a toilet odor filter device comprising a vented head with a plurality of apertures as previously discussed.
Allison further teaches that it’s vented head comprises a spherical portion (Fig. 4 - Front face 22) (in so much as Applicant’s invention comprises such).
It would have been obvious to one of ordinary skill in the art to configure the vented head to comprise a spherical portion, as taught by Allison, for aesthetic purposes, to orient the inlets in different directions and/or to help the device better fit into an intended installation area.
Regarding claim 7, the attached vented head as taught by Burt is attached to the support arm by a joint as previously discussed (Burt – C22 L21-27).
Claims 8-9 are rejected under 35 U.S.C. 103 as being unpatentable over Cogswell in view of Burt and Funk as applied to claim 1 above, and further in view of Allison and US 5,416,930 (Waldner).
Regarding claims 8-9, Cogswell states the inclusion of a switch (68) disposed on the housing for activating the device as well as the inclusion of a battery (90) as a power source. However Cogswell does not state utilizing a rechargeable battery in the housing chargeable through a charging port and that the switch is a proximity sensor which the user does not directly control.
Allison teaches a ventilation system (10) for a toilet comprising a housing (20) which holds a motor (37) driving an exhaust fan (35), filters (50) and a power source (56) for powering the motor. Allison further teaches that the power source (56) is a rechargeable battery which can be recharged through a charging port (60) provided on the housing (C3 L10-18).
It would have been obvious to one of ordinary skill in the art to utilize a rechargeable battery as a power source and to provide a charging port on the housing for said battery, as taught by Allison, to increase portability and convenience of the device by not relying on outlet power while also facilitating recharging the battery power source rather than requiring transporting or purchasing new batteries.
Waldner teaches a toilet odor device comprising a support arm with a conduit (42) and a filter assembly housing (16) with a fan (26) and wherein a manual push button switch (60) is provided on the housing to permit a user to switch the fan on and off.
It would have been obvious to one of ordinary skill in the art to provide a manual switch on the housing for turning the suction fan on and off, as taught by Waldner, so as to provide the switch/control within reach of the user on the toilet and/or so as to facilitate a user having the choice of activating/deactivating the system as desired/required and/or to facilitate manual activation of deactivation in the event of a failure of an automatic control.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Cogswell in view of Burt and Funk as applied to claim 11 above, and further in view of US 4,538,307 (Barnum)
Regarding claim 15, Cogswell in view of Burt and Funk teaches the method of providing and using a toilet odor filtering device as previously discussed. Cogswell further states the method of installing the support arm over an uppermost surface (20) of the bowl of the toilet (10). However Cogswell states that the uppermost surface of the bowl is a separate rim structure beneath a pivotable toilet seat (14) and as such the device is installed on the rim and not a seat.
Barnum teaches a toilet comprising a bowl (10) with an uppermost surface (23) which forms the seat of the toilet (C5 L24-29 – seat rim) rather than a separate seat being provided.
It would have been obvious to one of ordinary skill in the art to utilize the odor filtering device on different toilets including those with an upper seat that has no gap to a rim and as such requires attachment of the seat, as taught by Barnum, to facilitate a user filtering odors while using a toilet with no rim/gap under the seat such as in public restrooms or prisons.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Cogswell in view of Burt, Allison, Funk and Waldner.
Regarding claim 16, Cogswell discloses a toilet odor filter device comprising:
a support arm (34/36/38) configured to fit onto an upper portion of a toilet bowl (Fig. 2) and comprising an air conduit therein (50); wherein
the support arm is configured to hang over an upper part of a toilet bowl (Fig. 2)
a vented head (40/52) at a first end of the support arm and being positionable in the toilet bowl; wherein
the vented head is provided with at least one orifice (52);
a filter assembly attached to a second end of said support arm and being positionable outside a toilet bowl (Fig. 2), wherein said filter assembly comprises:
a housing (30),
a suction fan (86) disposed in said housing and configured to suction malodorous air from a toilet bowl through said vented head and said air conduit, and
an air filter (96/98/100) disposed in said housing and configured to filter odor-causing particles from suctioned malodorous air; wherein
said air filter is disposable (0027 – removed and replaced);
a power supply in the form of a battery (90).
Cogswell, however, discloses that the ventilated head is part of the support arm rather than being attached to the support arm by a joint. Cogswell also discloses the vented head as having a single orifice and does not disclose the head as comprising a spherical portion. Cogswell discloses a battery as discussed but does not specify if it is rechargeable or the inclusion of a charging port.
Burt teaches a sanitation system for a toilet comprising a housing (20) coupled to the toilet bowl by a support arm (60) comprising a conduit (49) which extends over/around the upper part of the toilet bowl (Figs. 2-5) and a spray aperture (100) which can be formed on part of the support arm (Figs. 2-5) or attached separately as part of a spray head (150) connected by a hinge so as to facilitate positioning of the head and aperture (C22 L21-27).
It would have been obvious to one of ordinary skill in the art to form the inlet as an attached vented head which is attached by a joint to the support arm, as taught by Burt, so that the inlet can be positioned/oriented within the toilet bowl to a desired position to improve performance, clear other structures or for aesthetic purposes (concealment).
Burt further teaches that the support arm can be formed in a chosen number of sections connected by an appropriate number of joints to achieve a desired result/form including forming a U-shaped support arm (Fig. 7 – joint 40 joins two sections; Figs. 11A-11C – multiple segments 133 joined by joints 134) (C14 L58 – C15 L16; C17 L17 - C18 L8) and that the support arm can be arranged to be flat instead of bent into an L-shape or U-shape.
It would have been obvious to one of ordinary skill in the art to configure the support arm in a plurality of sections joined by a plurality of joints, as taught by Burt, so as to facilitate use of the device on toilet rims of different shapes and/or so as to facilitate more compact storage of the device. As such the support arm as taught with a plurality of jointed sections is configured to be folded into a compact profile for transport, either through multiple sections folding closer to one another or through the support arm being made straight to reduce its height/outward projection.
Allison teaches a ventilation system (10) for a toilet comprising a motor (37) driving an exhaust fan (35), a vented head (22), filters (50) and a power source (56) for powering the motor. Allison further teaches that the power source (56) is a rechargeable battery which can be recharged through a charging port (60) provided on the housing (C3 L10-18). Wherein the vented head comprises a spherical portion (Fig. 4 - Front face 22) (in so much as Applicant’s invention comprises such) provided with a plurality of orifices (28/30).
It would have been obvious to one of ordinary skill in the art to utilize a rechargeable battery as a power source and to provide a charging port on the housing for said battery, as taught by Allison, to increase portability and convenience of the device by not relying on outlet power while also facilitating recharging the battery power source rather than requiring transporting or purchasing new batteries.
It would have been obvious to one of ordinary skill in the art to provide the vented head with a plurality of orifices, as taught by Allison, to facilitate providing a greater total opening area for entraining air while also preventing undesired objects/waste from entering the system by dividing/separating the inlets.
It would have been obvious to one of ordinary skill in the art to configure the vented head to comprise a spherical portion, as taught by Allison, for aesthetic purposes, to orient the inlets in different directions and/or to help the device better fit into an intended installation area.
Waldner teaches a toilet odor device comprising a support arm with a conduit (42) and a filter assembly housing (16) with a fan (26) and wherein a manual push button switch (60) is provided on the housing to permit a user to switch the fan on and off.
It would have been obvious to one of ordinary skill in the art to provide a manual switch on the housing for turning the suction fan on and off, as taught by Waldner, so as to provide the switch/control within reach of the user on the toilet and/or so as to facilitate a user having the choice of activating/deactivating the system as desired/required and/or to facilitate manual activation of deactivation in the event of a failure of an automatic control.
Funk teaches a sanitary device for a toilet comprising a conduit (60) extending into an interior of a toilet bowl and supported by a support arm (80) which attaches to an upper surface/rim of the toilet bowl (Figs. 1, 2). Funk further teaches that the support arm is formed with first and second vertical sections for opposing sides of the toilet rim and a telescoping middle section having a middle portion slidably nested between outer portions for adjustment to different width rims (annotated figures below).
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It would have been obvious to one of ordinary skill in the art to configure a middle section of the support arm to be telescopic with a middle portion slidably nested between outer portions, as taught by Funk, so as to facilitate secure attachment of the device on toilets of various sizes/designs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2,009,054 (Mooney) teaches a ventilation system for a toilet comprising a U-shaped support arm supported over the rim of the bowl with a telescoping middle section.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to 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