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 .
Information Disclosure Statement
The information disclosure statement filed 03/26/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file and has been partially considered, but the information referred to the ANONYMOUS non-patent literature has not been considered since a legible copy of the non-patent literature is missing.
Claim Objections
Claims 1-20 are objected to because of the following informalities: “a top surface” in line 10 of claim 1 and in line 1 of claim 2 should be --the top surface--; and “a movement assembly” in line 2 of claim 16 and in line 1 of claim 18 are a double inclusion of that in line 2 of claim 14. Claims 3-20 are also objected for their dependency from claim 1. Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 13 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The antecedent basis for the limitation "a second time" in line 3 is not established considering “a first time” has not been established. Therefore, it is unclear as to whether “a first time” is a part of the claim as, for example, set forth in claim 12 or the limitation "a second time" should be interpreted as just --a single time--.
Claims 18-20 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
The limitation of claim 18 has been claimed in lines 1-2 of claim 14. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements. Claims 19-20 are similarly rejected since they depend from claim 18.
Claim 20 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. The use of alternative language “and/or” on line 2 of claim 20 renders the claim indefinite since it is unclear clear as to whether the claim should be interpreted as a combination with the language “and” or as an alternative with the language “or.”
Claim Interpretation
Claims 13 and 20 in this application are given their broadest reasonable interpretation. Claim 13 is being interpreted as applied in the rejection below. Claim 20 is being interpreted for the alternative language “or” as applied in the rejection below.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 7-11, 13-14, and 17-20 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 10,084,337 (hereinafter Cozzi).
Regarding claim 1, Cozzi discloses a bath vanity assembly (see Fig. 1) comprising a countertop (51) configured to receive a sink basin; and a power accessory (100), wherein the countertop comprises an aperture (51a) configured to receive the power accessory (see Fig. 5), the power accessory is configured to be positioned in the aperture in an inserted state (see Fig. 3) and in an extended state (see Fig. 4), in the inserted state, a top surface (5) of the power accessory is positioned adjacent to the countertop (see Fig. 3), and in the extended state, the top surface (5) of the power accessory is positioned a distance above the countertop to provide access to a power feature positioned below the power accessory top surface (see Fig. 4).
Regarding claim 2, the bath vanity assembly according to claim 1, wherein the top surface (5) of the power accessory comprises a power feature configured to provide for wireless charging of a device (see Fig. 7: where 70 is pointing).
Regarding claim 3, the bath vanity assembly according to claim 1, wherein the power feature positioned below the power accessory top surface comprises an electrical outlet (2).
Regarding claim 7, the bath vanity assembly according to claim 1, wherein the power accessory is configured to be positioned in a first extended state (see Fig. 6) to provide access to a first power feature (outlet 2).
Regarding claim 8, the bath vanity assembly according to claim 7, wherein the power accessory is configured to be positioned in a second extended state (see Fig. 4) to provide access to a second power feature (USB 13).
Regarding claim 9, the bath vanity assembly according to claim 1, wherein the countertop (51) comprises a raised lip (see Fig. 4: decorative ring 23 on countertop 51) positioned about the aperture.
Regarding claim 10, the bath vanity assembly according to claim 9, wherein in the inserted state, the power accessory top surface is about flush with a top surface or edge of the raised lip.
Regarding claim 11, the bath vanity assembly according to claim 1, wherein the power accessory is configured to be moved from the inserted state to the extended state by pushing the power accessory top surface (see col. 3, lines 54-57).
Regarding claim 13, the bath vanity assembly according to claim 1, wherein the power accessory is configured to be moved from the extended state to the inserted state by pushing the power accessory a second time (see col. 3, lines 52-57).
Regarding claim 14, the bath vanity assembly according to claim 1, wherein the power accessory is associated with a movement assembly (1, 19, 31, 24, 25) configured to move the power accessory from the inserted state to the extended state and from the extended state to the inserted state (see col. 3, lines 46-48).
Regarding claim 17, the bath vanity assembly according to claim 14, wherein the movement assembly comprises a push-push assembly (see col. 3, lines 46-57).
Regarding claim 18, the power accessory associated with the movement assembly according to claim 14.
Regarding claim 19, the power accessory according to claim 18, wherein the power accessory top surface comprises a wireless charger (see Fig. 7).
Regarding claim 20, the power accessory according to claim 19, wherein the power accessory comprises an electrical outlet (2) and/or a sanitization chamber (frame 7 is considered a sanitization chamber since it encase USB charger 13 to keep it clean from dust) positioned below the power accessory top surface.
Claim(s) 1, 3, 7, 9-11, 13-14, and 17-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by WO 2018/112534 A1 (hereinafter Singer) as evidenced by NPL from YouTube video by Point Pod (hereinafter Point Pod).
Regarding claim 1, Singer discloses a bath vanity assembly (see Fig. 1) comprising a countertop (bench top 23) configured to receive a sink basin as evidenced by Point Pod; and a power accessory (31), wherein the countertop comprises an aperture (24) configured to receive the power accessory (see Fig. 8), the power accessory is configured to be positioned in the aperture in an inserted state (see Fig. 8) and in an extended state (see Fig. 10), in the inserted state, a top surface (see Fig. 9: where 26 is pointing) of the power accessory is positioned adjacent to the countertop (see Fig. 9), and in the extended state, the top surface (5) of the power accessory is positioned a distance above the countertop to provide access to a power feature positioned below the power accessory top surface (see Fig. 10).
Regarding claim 3, the bath vanity assembly according to claim 1, wherein the power feature positioned below the power accessory top surface comprises an electrical outlet (46a).
Regarding claim 7, the bath vanity assembly according to claim 1, wherein the power accessory is configured to be positioned in a first extended state (see Fig. 10) to provide access to a first power feature (outlet 46a).
Regarding claim 9, the bath vanity assembly according to claim 1, wherein the countertop (23) comprises a raised lip (see Fig. 8: 55) positioned about the aperture.
Regarding claim 10, the bath vanity assembly according to claim 9, wherein in the inserted state, the power accessory top surface is about flush with a top surface or edge of the raised lip (see Fig. 8).
Regarding claim 11, the bath vanity assembly according to claim 1, wherein the power accessory is configured to be moved from the inserted state to the extended state by pushing the power accessory top surface (see page 13: lines 16+).
Regarding claim 13, the bath vanity assembly according to claim 1, wherein the power accessory is configured to be moved from the extended state to the inserted state by pushing the power accessory a second time (see page 13: lines 28+).
Regarding claim 14, the bath vanity assembly according to claim 1, wherein the power accessory is associated with a movement assembly (144) configured to move the power accessory from the inserted state to the extended state and from the extended state to the inserted state.
Regarding claim 17, the bath vanity assembly according to claim 14, wherein the movement assembly comprises a push-push assembly (two-part push-actuated latch 61) or a click-pen assembly (Singer discloses the prior art’s spring loaded catch stem 13 shown in Fig. 1).
Regarding claim 18, the power accessory associated with the movement assembly according to claim 14.
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) 12 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cozzi in view of NPL from YouTube video by Sinaomigo Electric Co., Limited (hereinafter Sinaomigo).
Regarding cliam 12, Cozzi teaches the bath vanity assembly discussed above regarding claim 1, wherein the power accessory is configured to be moved from the inserted state to the extended state but remains silent as to a first extended state by pushing the power accessory top surface a first time, and to be moved from the first extended state to a second extended state by pushing the power accessory top surface a second time. Attention is directed to Sinaomigo which teaches an analogous assembly comprising a countertop and a power accessory that is configured to be moved from the inserted state (see page 1) to a first extended state by pushing the power accessory top surface a first time (see page 2: video min 0:25), and to be moved from the first extended state to a second extended state by pushing the power accessory top surface a second time (see page 3: video min 0:31). Therefore, it would have been obvious to one having ordinary skill in art at the time the invention was effectively filed to employ, in the Cozzi’s power accessory, a movement assembly to operate the power accessory from the inserted state to a first extended state by pushing the power accessory top surface a first time, and to be moved from the first extended state to a second extended state by pushing the power accessory top surface a second time as, for example, taught by Sinaomigo in order to provide a user more operating flexibilities/options.
Regarding cliam 15, Cozzi teaches the bath vanity assembly discussed above regarding claim 14 except for the movement assembly is configured to move the power accessory from the inserted state to a first extended state, from the first extended state to a second extended state, from the second extended state to the first extended state, and from the first extended state to the inserted state. Attention is directed to Sinaomigo which teaches an analogous assembly comprising a countertop, a power accessory, and a movement assembly is configured to move the power accessory from the inserted state to a first extended state (video min 0:25-0:29), from the first extended state to a second extended state (video min 0:30-0:29), from the second extended state to the first extended state (video min 0:37-0:41), and from the first extended state to the inserted state (video min 0:43-0:47). Therefore, it would have been obvious to one having ordinary skill in art at the time the invention was effectively filed to employ, in the Cozzi’s assembly, a movement assembly is configured to move the power accessory from the inserted state to a first extended state, from the first extended state to a second extended state, from the second extended state to the first extended state, and from the first extended state to the inserted state as, for example, taught by Sinaomigo in order to provide a user more operating flexibilities/options.
Regarding cliam 16, Cozzi teaches the bath vanity assembly discussed above regarding claim 14 except for the aperture comprises the movement assembly is configured to move the power accessory from the inserted state to a first extended state, from the first extended state to a second extended state, from the second extended state to the first extended state, and from the first extended state to the inserted state. Attention is directed to Sinaomigo which teaches an analogous assembly comprising a countertop, a power accessory, and a movement assembly is configured to move the power accessory from the inserted state to a first extended state (video min 0:25-0:29), from the first extended state to a second extended state (video min 0:30-0:29), and from the second extended state to the inserted state (video min 0:37-0:47). Therefore, it would have been obvious to one having ordinary skill in art at the time the invention was effectively filed to employ, in the Cozzi’s aperture, a movement assembly is configured to move the power accessory from the inserted state to a first extended state, from the first extended state to a second extended state, from the second extended state to the first extended state, and from the first extended state to the inserted state as, for example, taught by Sinaomigo in order to provide a user more operating flexibilities/options.
Allowable Subject Matter
Claims 4-6 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: None of the prior art of record alone or in combination teaches a bath vanity assembly as claimed in claim 4 which further comprises the power feature positioned below the power accessory top surface comprises a sanitization chamber, the sanitization chamber comprising a UV light source.
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
NPL- Kitchen Power Pop Ups teaches an analogous bath vanity assembly having dual power accessories similar to that shown in Fig. 1 of the instant application.
US 11,038,331 (Baldwin) and US 2017/0373430 (Mortun) teach a pop-up outlet for a countertop including a raise/lower mechanism that can be manual or automated.
US 3,646,244 (Cole) teach a pop-up outlet for a floor wherein in the inserted state, a power accessory top surface is about flush with a top surface or edge of a raised lip (a feature of claim 10).
US 2014/0319375 (Nelson et al.) teaches a device having a chamber with UV light for receiving and sanitizing a toothbrush.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN N NGUYEN whose telephone number is (571)272-4892. The examiner can normally be reached Mon-Fri 8-4.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/TUAN N NGUYEN/Primary Examiner, Art Unit 3754