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 .
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) 1-2 and 6-12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 10,022,286 (hereinafter Marshall).
Regarding claim 1, Marshall discloses a bedpan (100) comprising: a housing (20) including a chamber (31) for holding urine and feces comprising: a top portion including: a top surface (26); an opening (30) in the top surface, the opening in fluid communication with an interior of the chamber when the top portion and a bottom portion (27) are coupled; an angled side wall (25) surrounding the top surface; and a rise portion on the top surface (note annotated fig. below), the rise portion being vertically higher than another portion of the top surface (note annotated fig. below); the bottom portion including a bottom surface (27), wherein the top portion is configured to be coupled with the bottom portion such that the interior of the chamber is liquid-tight (col. 2, ln. 61-col. 3, ln. 3).
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Regarding claim 2, Marshall discloses further comprising a handle (28), wherein the handle is formed integral to the housing (fig. 5).
Regarding claim 6, Marshall discloses further comprising an apron (formed by from end 22), wherein the apron is sloped downward towards a distal surface (bottom) as it extends from an edge of a proximal surface to the edge of the opening (near leader line 20 in fig. 2).
Regarding claim 7, Marshall discloses wherein the opening (30) is generally ovoid in shape (fig. 2).
Regarding claim 8, Marshall discloses wherein the housing (20) further comprises at least one support between an interior surface of the top portion and an interior surface of the bottom portion (the sidewall with leader line 29a that forms the internal cavity (31) as seen in fig. 1).
Regarding claim 9, Marshall discloses wherein the housing further comprises a plurality of supports (walls) arranged around the chamber (note annotated fig. below).
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Regarding claim 10, Marshall discloses wherein the top portion and the bottom portion are operable to be separated (there is nothing to preclude a user from separating the top wall (26) from the bottom wall (27) if so desired – for example by cutting, slicing, pulling, etc.).
Regarding claim 11, Marshall discloses wherein the top portion is configured to be stacked on another top portion when the top portion and the bottom portion are separated (there is nothing to preclude a user from stacking top portions if so desired based on the inherent structural shape of the top portion (26)).
Regarding claim 12, Marshall discloses wherein the bottom portion is configured to be stacked on another bottom portion when the top portion and the bottom portion are separated (there is nothing to preclude a user from stacking bottom portions if so desired based on the inherent structural shape of the bottom portion (27)).
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) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Marshall in view of US Patent 8,869,318 (hereinafter Tanguay).
Regarding claim 3, Marshall shows three handles (28) integrally formed and symmetrically spaced around the housing but fails to show further comprising four handles disposed in each of four corners of the housing, the four handles formed integral to the housing. Attention is turned to Tanguay in the same field of endeavor of bedpans which teaching including four handles (64, 64, 66, 66) disposed in four corners of a bedpan housing (fig. 1) as a design alternative to three symmetrically spaced handles (64a, 64b, 64c; fig. 5). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the bedpan of Marshall to include four handles disposed in each of four corners of the housing, the four handles formed integral to the housing as a matter of design choice depending on a user’s needs, such modification being an obvious variant of 3 handles to achieve the same expected result as evidenced by the teachings above.
Regarding claim 4, Tanguay shows wherein a first two handles (64) of the four handles include apertures having a first longitudinal axis, wherein a second two handles (66) of the four handles include apertures having a second longitudinal axis, wherein the first and second axis are aligned, with respect to each other, at an angle (fig. 1).
Regarding claim 5, Tanguay shows wherein a first two handles (64) of the four handles are on a first side of the housing and a second two handles (66) of the four handles are on a second side of the housing, and the first side of the housing is adjacent to the second side of the housing (fig. 1).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 11,141,336 is directed to the state of the art of bedpans.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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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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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754