DETAILED ACTION
This is the Final Office Action for application number 18/692,185 - POWERED COMMODE INCLUDING BIDET, filed on 3/14/24. Claims 1-and 3-9 are pending. Claims 2 and 10-20 have been canceled.
This Final Office Action is in response to applicant’s reply dated 6/5/26. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant's amendment necessitated any new ground(s) of rejection presented in this Office action.
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) 1-4 and 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peng (US 7,900,297) in view of Luu (US 10,932,630).
Regarding Claim 1 Peng shows a commode (1) comprising: a frame (Fig. 1 circular piped frame seen at 11); a platform (seat surface of 4; near 42; Fig. 3) coupled to the frame (Fig. 4); a supply reservoir (31, 33; note, col. 3, lines 33-52) supported by the frame (Fig. 2) and configured to store a fluid (note, col. 3, lines 33-52); a waste reservoir (8, 81) supported by the frame (Fig. 2) and configured to collect the fluid dispensed from the supply reservoir (via the bowl; Fig. 7; note, col. 5, lines 4-21); a toilet seat (71; see hinges 711) rotatably coupled to the platform above the supply reservoir and the waste reservoir (Figs 1& 8); a bidet nozzle (46) coupled to and disposed below the platform (Fig. 3 & 7), the bidet nozzle being in fluid communication with the supply reservoir (note, col. 6, lines 5-18); and a power assembly (at 28) disposed below the platform (Fig. 5) and including a power supply (28) and a pump (note, col. 6, lines 26-44) powered by the power supply (note, col. 6, lines 26-44), wherein the pump is in fluid communication with the supply reservoir and the bidet nozzle (via the supply reservoir 31; note, col. 3, lines 45-52).
Peng fails to show wherein the supply reservoir includes a rim opening adjacent the toilet seat, an outlet opening that is selectively in fluid communication with the waste reservoir, and a toilet bowl disposed between the rim opening and the outlet opening. However, Luu, shows a commode device with a supply reservoir (201) having a rim opening (bowl opening seen in Fig. 4; and at 209 Fig. 1) adjacent a toilet seat (301), an outlet opening (109; Fig. 3B; note, col. 4, lines 15-24; 206; Fig. 5B; note, col. 5, lines 20-42) that is selectively in fluid communication with the waste reservoir, and a toilet bowl (204) disposed between the rim opening and the outlet opening (Fig. 4). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Peng to include the supply reservoir having a rim opening adjacent the toilet seat, an outlet opening that is selectively in fluid communication with the waste reservoir, and a toilet bowl disposed between the rim opening and the outlet opening for the purpose of compact design and saving space by providing the bowl and rim opening within the supply reservoir as shown by Luu.
Regarding Claim 3 Peng shows the commode of claim 1, but fails to show wherein the toilet bowl includes a flush nozzle that is in fluid communication with the supply reservoir. However, Luu shows a flush nozzle (2010) that is in fluid communication with the supply reservoir (note, col. 6, lines 57-67 and col. 7, lines 0-3). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Peng to include a flush nozzle in fluid communication with the supply reservoir for the purpose of cleaning the bowl/basin after use as shown by Luu.
Regarding Claim 4 Peng shows the commode of claim 3, but fails to further show a flush actuator coupled to the frame and moveable between an open position, in which the fluid is discharged from the supply reservoir through the flush nozzle, and a closed position, in which the fluid is inhibited from being discharged through the flush nozzle. However, Luu shows using a remote control (270) with buttons (Fig. 9) for actuating a flush (via the “done” button and after cleaning user and drying user, flush is actuated; note, col. 6, lines 47-67 and col. 7, lines 0-3) the remote control is in communication with the controller (260) which is coupled to the supply reservoir (Fig. 9) the supply reservoir being coupled to the frame as combined), in which the fluid is discharged from the supply reservoir through the flush nozzle (note, col. 6, lines 47-67 and col. 7, lines 0-3), and a closed position, in which the fluid is inhibited from being discharged through the flush nozzle (after a predetermined amount of time, controller stops fluid from the flushing ring; i.e. closed position). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Peng to include a flush actuator coupled to the frame and moveable between an open position, in which the fluid is discharged from the supply reservoir through the flush nozzle, and a closed position, in which the fluid is inhibited from being discharged through the flush nozzle for the purpose of the user selectively cleaning the bowl as shown by Luu.
Regarding Claim 6 Peng shows the commode of claim 2, wherein the fluid within the supply reservoir at least partially surrounds the toilet bowl (as combined with Luu).
Regarding Claim 7 Peng shows the commode of claim 1, further comprising a bidet actuator (control panel 61) coupled to the frame (Fig. 6) and moveable between an activated position (pressing control panel or capacitance touch), in which the fluid is pumped from the supply reservoir to the bidet nozzle, and a deactivated position, in which the fluid is inhibited from being pumped from the supply reservoir to the bidet nozzle (note, col. 4, lines 25-35; note, col. 5, lines 63-67 and col. 6, lines 0-19).
Regarding Claim 8 Peng shows the commode of claim 1, wherein the waste reservoir is removable from the frame to enable a user to empty the fluid and waste from the waste reservoir (Fig. 2; note, col. 5, lines 4-6).
Regarding Claim 9 Peng shows the commode of claim 1, but fails to show wherein the power assembly is coupled to a rear surface of the supply reservoir. However, Luu shows a power supply (battery 256 for the fan) coupled to a rear surface of the supply reservoir (at 251; Fig. 7). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Peng to include the power supply coupled to a rear surface of the supply reservoir for convenient access and compact placement as shown by Luu.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peng (US 7,900,297) in view of Luu (US 10,932,630) in view of Smith et al. (US Pub. 2018/0258630).
Regarding Claim 5 Peng as combined shows the commode of claim 4, further comprising a waste door (1091 as combined; Fig. 3B; 2064, 2065 Fig. 5B Luu) moveably disposed on the waste reservoir, but fails to show wherein the waste door is opened when the flush actuator is moved to the open position, and wherein the waste door is closed when the flush actuator is moved to the closed position. However, Smith shows a gate door (208) that opens when a flush is actuated (¶ [0051]). Therefore because Peng as combined with Luu shows a waste door (2064, 3065) that may be opened and closed by the opening and closing of the toilet seat and lid, and Smith shows a gate door that opens when a flush is actuated, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Peng as combined to include the gate door opening and closing with the flush actuator for the purpose of allowing the bowl contents to flow to the waste tank as shown by Smith.
Response to Arguments
Applicant's arguments filed 6/5/26 have been fully considered but they are not persuasive.
In response to applicant's argument that one skilled in the art would not have modified Peng in view of Luu to integrate the toilet bowl into the reservoir and that the bodily incorporation would modify Peng such that the combination is not usable for Peng’s intended purpose, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). As such the rejection of record has been maintained and meets the amended claim language in full.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Schrant et al. (US Pub. 2021/0293013) shows the general state of the art; Al Jafar (US 8,4900,224) shows a similar commode device; Al Jafar (US Pub. 2013/0091626) shows a similar commode device; Martinez et al. (US 7,725,961) shows a similar commode device.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached on Monday thru Thursday, 9:30 AM to 6PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID ANGWIN can be reached on 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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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 7/9/2026
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