DETAILED ACTION
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 with respect to claim(s) 1-2 and 4-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-2, 4-9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mette (US 6079057) in view of KR 20150000692 (machine translation provided 9/29/2025) and Soler (US 4137579).
Regarding claim 1, Mette discloses a urinal apparatus comprising:
a base (4);
a column (3) mounted to the base,
a bowl (2, 8) coupled to the column opposite the base, the bowl defining a cavity for collecting urine (cavity of 2, 8), the bowl having a rim (rim of 2) defining an opening (opening of the rim of 2) into the cavity (see Fig. 1-2), the rim being continuously concave (see Fig. 1-2) wherein the rim is configured to extend around a crotch of a user (see Fig. 1-2; col 8, ll. 28-36), the bowl having an interior surface (interior surface of 2, 8) surrounding the cavity; and
a tube (9) mounted in the column (see Fig. 1), the tube being in fluid communication with the cavity of the bowl at a top end of the tube (see Fig. 1 and 3), the tube being open at a bottom end thereof (see Fig. 1), the tube being configured to drain the urine away from the column (col. 3, ll. 17-35).
However, Mette does not disclose the column comprising an upper member and a lower member, the upper member being slidably coupled to the lower member such that the column is telescopically extendable, the upper member being securable to the lower member at various positions to define various lengths of the column as claimed.
KR 20150000692 discloses a toilet having a device including the column comprising an upper member (member of 170 extending from 200 to 160) and a lower member (member of 170 extending from 200 to 60), the upper member being slidably coupled to the lower member such that the column is telescopically extendable (see Fig. 3-4 and 7; col. 4, ll. 17-26), the upper member being securable to the lower member at various positions to define various lengths of the column (see Fig. 3-4 and 7; col. 4, ll. 17-26). It would have been obvious to one of ordinary skill in the art to have modified the column of Mette, to have an upper member and a lower member such that column is telescopically extendable, as taught by KR 20150000692, in order to adjust the height in accordance with the height of the user (col. 4, ll. 17-26).
Mette does not explicitly disclose the interior surface being continuously arcuate with the rim as claimed.
Soler discloses a urine drain wherein the interior surface (interior surface of 44) being continuously arcuate (see Fig. 2-3) with the rim (46). It would have been obvious to one of ordinary skill in the art to have modified the bowl of Mette, such that the interior surface is continuously arcuate with the rim as claimed, as taught by Soler, in order to provide a receptacle for urinary purposes suitable for use by individuals of either sex and to provide assurance against splash back upon the user’s person through the shape of the interior surface of the receptacle (col. 1, l. 63 - col. 2, l. 20).
Regarding claim 2, the combination above and specifically Mette further discloses a rear portion (higher portion of the rim of 2) of the rim (rim of 2) of the bowl is positioned farther from the column than a front portion (lower portion of the rim of 2) of the rim (see Fig. 1).
Regarding claim 4, the combination above and specifically Mette further discloses the bowl has a width (width of 2) configured to fit between legs of a user (see Fig. 1-2; col 8, ll. 28-36).
Regarding claim 5, the combination above and specifically Mette further discloses the tube is fixed to the upper member of the column (see Fig. 1; as modified by KR 20150000692 above) and being movable with respect to the lower member of the column (as modified by KR 20150000692 above).
Regarding claim 6, the combination above and specifically Mette further discloses the lower member (as modified by KR 20150000692 above) defines a slot (slot of 3) through which the tube extends (see Fig. 1-2; col. 4, ll. 43-45), the slot accommodating movement of the tube with respect to the lower member (as modified by KR 20150000692 above).
Regarding claim 7, the combination above and specifically Mette further discloses the tube has a P-trap section at the bottom end (col. 4, ll. 60-64; col. 9, ll. 5-8).
Regarding claim 8, the combination above and specifically Mette further discloses a hose (6) coupled to the bottom end of the tube (see Fig. 1-2), the hose comprising a flexible material (col. 3, ll. 34-36), the hose being open at a distal end thereof with respect to the tube (see Fig. 1-2).
Regarding claim 9, the combination above and specifically Mette further discloses the hose is configured to couple to a drain port in a toilet (col. 4, ll. 28-38).
Regarding claim 11, the combination above and specifically KR 20150000692 further discloses a clamp (200) coupled to the upper member of the column and engageable with the lower member of the column to secure the upper member to the lower member (see Fig. 3-4; p. 5, ll. 7-15).
Claim(s) 10 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mette (US 6079057) in view of KR 20150000692 (machine translation provided 9/29/2025) and Soler (US 4137579) as applied to claim 9 above, and further in view of Markles (US 5153947).
Regarding claim 10, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 9.
However, Mette does not explicitly disclose wherein the hose has external threads configured to engage internal threads of the drain port as claimed.
Markles discloses a urinal for attachment to a toilet wherein the hose (45, 52) has external threads (19) configured to engage internal threads (threads of 47) of the drain port (port of 14). It would have been obvious to one of ordinary skill in the art to have modified the hose of Mette, to have external threads configured to engage internal threads of the drain port as claimed, as taught by Markles, in order to drain freely into the drain pipe and it is conventional to use a threaded portion and nuts which are tightened to secure the toilet in place (col. 2, ll. 30-49).
Regarding claim 12, Mette discloses a urinal apparatus comprising:
a base (4);
a column (3) mounted to the base,
a bowl (2, 8) coupled to the column opposite the base, the bowl defining a cavity for collecting urine (cavity of 2, 8), a rear portion (higher portion of the rim of 2) of a rim (rim of 2) of the bowl being positioned farther from the column than a front portion (lower portion of the rim of 2) of the rim (see Fig. 1), the rim being continuously concave (see Fig. 1-2) such that the rim is configured to extend around a crotch of a user (see Fig. 1-2; col 8, ll. 28-36), the bowl having an interior surface (interior surface of 2, 8) surrounding the cavity (see Fig. 1-2), the bowl having a width (width of 2) configured to fit between legs of the user (see Fig. 1-2; col 8, ll. 28-36);
a tube (9) mounted in the column (see Fig. 1), the tube being in fluid communication with the cavity of the bowl at a top end of the tube (see Fig. 1 and 3), the tube being open at a bottom end thereof (see Fig. 1), the tube being fixed to the column (see Fig. 1), the column defining a slot (slot of 3) through which the tube extends (see Fig. 1-2; col. 4, ll. 43-45), the tube having a P-trap section at the bottom end (col. 4, ll. 60-64; col. 9, ll. 5-8);
a hose (6) coupled to the bottom end of the tube (see Fig. 1-2), the hose comprising a flexible material (col. 3, ll. 34-36), the hose being open at a distal end thereof with respect to the tube (see Fig. 1-2), the hose being configured to couple to a drain port in a toilet (col. 4, ll. 28-38).
However, Mette does not disclose the column comprising an upper member and a lower member, the upper member being slidably coupled to the lower member such that the column is telescopically extendable, the upper member being securable to the lower member at various positions to define various lengths of the column; the tube being fixed to the upper member of the column and being movable with respect to the lower member of the column, the lower member defining a slot through which the tube extends, the slot accommodating movement of the tube with respect to the lower member; a clamp coupled to the upper member of the column and engageable with the lower member of the column to secure the upper member to the lower member as claimed.
KR 20150000692 discloses a toilet having a device including the column comprising an upper member (member of 170 extending from 200 to 160) and a lower member (member of 170 extending from 200 to 60), the upper member being slidably coupled to the lower member such that the column is telescopically extendable (see Fig. 3-4 and 7; col. 4, ll. 17-26), the upper member being securable to the lower member at various positions to define various lengths of the column (see Fig. 3-4 and 7; col. 4, ll. 17-26);
a clamp (200) coupled to the upper member of the column and engageable with the lower member of the column to secure the upper member to the lower member (see Fig. 3-4; p. 5, ll. 7-15). It would have been obvious to one of ordinary skill in the art to have modified the column of Mette, to have an upper member and a lower member such that column is telescopically extendable, as taught by KR 20150000692, in order to adjust the height in accordance with the height of the user (col. 4, ll. 17-26). In doing so, the combination meets the limitations of the tube being fixed to the upper member of the column (see Mette, Fig. 1) and being movable with respect to the lower member of the column (as modified by KR 20150000692 above), the lower member defining a slot through which the tube extends (see Mette; Fig. 1-2; col. 4, ll. 43-45), the slot accommodating movement of the tube with respect to the lower member (as modified by KR 20150000692 above) as claimed.
Furthermore, Mette does not explicitly disclose the hose having external threads configured to engage internal threads of the drain port as claimed.
Markles discloses a urinal for attachment to a toilet including the hose (45, 52) having external threads (19) configured to engage internal threads (threads of 47) of the drain port (port of 14). It would have been obvious to one of ordinary skill in the art to have modified the hose of Mette, to have external threads configured to engage internal threads of the drain port as claimed, as taught by Markles, in order to drain freely into the drain pipe and it is conventional to use a threaded portion and nuts which are tightened to secure the toilet in place (col. 2, ll. 30-49).
Mette does not explicitly disclose the interior surface being continuously arcuate with the rim as claimed.
Soler discloses a urine drain wherein the interior surface (interior surface of 44) being continuously arcuate (see Fig. 2-3) with the rim (46). It would have been obvious to one of ordinary skill in the art to have modified the bowl of Mette, such that the interior surface is continuously arcuate with the rim as claimed, as taught by Soler, in order to provide a receptacle for urinary purposes suitable for use by individuals of either sex and to provide assurance against splash back upon the user’s person through the shape of the interior surface of the receptacle (col. 1, l. 63 - col. 2, l. 20).
Conclusion
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 WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Thursday 11AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P 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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WILLIAM R. KLOTZ
Examiner
Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754