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 .
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(s) 1-3, 5, 10, 12, 14-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Haletsky (US Patent 5,079,783).
Regarding Claim 1, Haletsky shows a toilet assembly, comprising a bowl (16); a plurality of air inlet openings (78, 80; column 3 lines 35-39); and a plurality of air outlet (98,106) openings, wherein the bowl, the air inlet openings, and the air outlet openings are in flow communication (through air flow 74, 76, 32), and the toilet assembly is configured to direct an air flow (74, 76, 32) from the bowl (74, 76; Fig.2), through the air inlet openings, and through the air outlet openings (32, Fig.1, 2, 7 ).
Regarding Claim 2, Haletsky shows the toilet assembly according to claim 1, wherein the toilet assembly is configured to direct the air flow (118) from the bowl, through the air inlet openings, through a filter media (100), and through the air outlet openings (column 4 lines 25-43).
Regarding Claim 3, Haletsky The toilet assembly according to claim 1, comprising a filter assembly removably coupled to the toilet assembly, wherein the filter assembly comprises a filter media (activated carbon; column 4 line 24), and is configured to be removed for cleaning and/or replacement of the filter media (column 4 lines 24-30).
Regarding Claim 5, Haletsky the toilet assembly according to claim 1, wherein the plurality of air inlet openings (78,80) are positioned on a toilet seat bottom surface (Fig.2; column 3 lines 10-16).
Regarding Claim 10, Haletsky shows the toilet assembly according to claim 1, a part (150) comprising the air inlet openings, wherein the part (78, 80) is removably coupled to the toilet assembly (Fig.10; column 4 lines 55-60).
Regarding Claim 12, Haletsky shows the toilet assembly according to claim 1, comprising a part (10) comprising the air outlet openings, wherein the part is removably coupled to the toilet assembly (column 1 lines 55-60).
Regarding Claim 14, Haletsky shows the toilet assembly according to claim 1, wherein the toilet assembly is configured to direct the air flow automatically during a flush cycle (96, 99, column 3 lines 40-65).
Regarding Claim 15, Haletsky The toilet assembly according to claim 1, wherein the toilet assembly is configured to direct the air flow on demand (column 3 lines 55-62).
Regarding Claim 16, Haletsky The toilet assembly according to claim 1, comprising a conduit (102; Fig.7) in flow communication with the plurality of inlet openings and the plurality of outlet openings (column 4 lines 25-35).
Regarding Claim 17, Haletsky shows the toilet assembly according to claim 1, comprising an air moving device (82, 84) configured to direct the air flow (column 3 lines 45-50).
Regarding Claim 18, Haletsky The toilet assembly according to claim 17, comprising a power source (90) configured to drive the air moving device (column 3 lines 40-45).
Regarding Claim 19, Haletsky shows the toilet assembly according to claim 18, comprising a controller (93) in electrical communication with the air moving device and with a flush actuator, wherein the controller is configured to activate the air moving device when the flush actuator is actuated (Column 3 lines 50-30).
Regarding Claim 20, Haletsky shows the toilet assembly according to claim 18, comprising an actuator (96) configured to activate the air moving device when a person manipulates the actuator (column 3 lines 50-60).
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.
Claim(s) 4, 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haletsky (US Patent 5,079,783) in view of McKinley (US Patent 6,055,677).
Regarding Claim 4, Haletsky shows the toilet assembly according to claim 1, but fails to show the plurality of air inlet openings are positioned on a hinge assembly. McKinley teaches a ventilated toilet having a plurality of air inlet openings (92; Fig.8) are positioned on a hinge assembly (20). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include inlets on the hinge assembly to draw air in from above the toilet bowl as well.
Regarding Claim 6, Haletsky shows the toilet assembly according to claim 5, but fails to show air inlets positioned on the hinge assembly. McKinley teaches a ventilated toilet the plurality of air inlet openings (42) positioned on the toilet seat (18) bottom surface (44) are in flow communication with a plurality of air inlet openings (92) positioned on a hinge assembly (20; Fig. 2). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include inlets on the hinge assembly to draw air in from above the toilet bowl as well.
Regarding Claim 7, Haletsky shows the toilet assembly according to claim 6,but fails to show the air outlets being adjacent to and in flow communication with the air inlet openings on the hinge. McKinley teaches a ventilated toilet wherein the toilet seat comprises a plurality of air outlet openings (22, 92) configured to be adjacent to and in flow communication with the plurality of air inlet openings (42) positioned on the hinge assembly when the seat is in a down position (Fig.9a). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the air inlets and outlet being adjacent each other when the seat is down in order to ensure the air is evacuated when the toilet seat is down.
Regarding Claim 8, Haletsky shows the toilet assembly according to claim 5, and further shows a plurality of air outlet openings (98). Haletsky fails to show a hinge in flow communication with the air inlet openings and the air outlet openings. McKinley teaches a ventilated toilet having a hinge (20, 66, 70) in flow communication with the air inlet openings (42) and the air outlet opening (20) (Fig. 9A, column 4 lines 15-20). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a hinge in flow communication with the air inlet and outlet openings in order to allow the air to be selectively removed (McKinley column 1 lines 45-50).
Regarding Claim 9, Haletsky shows the toilet assembly according to claim 1, and further shows a plurality of outlet openings (98). Haletsky fails to show the plurality of air outlet openings are positioned on a rear surface. McKinley teaches a ventilated toilet having an air outlet opening (22) are positioned on a rear surface (the housing 60; Figs 1, 2, 5). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a plurality of air outlets are positioned on a rear surface in order to ensure air is evacuated away from the toilet bowl.
Claim(s) 11 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Haletsky (US Patent 5,079,783) in view of Pinizzotto (US Patent Publication 2008/0060119). Haletsky shows the toilet assembly according to claims 10 and 12, but fails to show the part comprises an antimicrobial additive adhered thereto or incorporated therein. Pinizzotto teaches a toilet the part (10,12) comprises an antimicrobial additive adhered thereto or incorporated (paragraphs 8 & 56). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include the part comprises an antimicrobial additive adhered thereto or incorporated therein in order to prevent the spread of germs.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Todd, Jr (US Patent 4,586,201) is directed to the state of the art as a teaching of a ventilated toilet that includes air flow path located in the hinge of the toilet (Fig.1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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/LAUREN A CRANE/Primary Examiner, Art Unit 3754
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