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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 4C, 4D. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in the brief description of the drawings, applicant recites that “Fig. 2B shows the situation shown in Fig. 2B.” It is not clear if applicant is trying to refer to a different figure or if this recitation is merely redundant.
Appropriate correction is required.
Claim Objections
The claims are objected to because of the following informalities:
Applicant’s use of the term “basic position” in at least claims 1 and 5 is acknowledged. This is not a standard construction in idiomatic English. As best understood, “basic position” refers to a stowed or retracted position and the claims have been examined with that assumption. Applicant is advised to amend the claim with an idiomatic English phrase.
In claim 5, “at least in a position” is an unusual construction. It is not clear if applicant is trying to claim that the shower tray can assume more than one position.
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.
Claims 1 - 10 are 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.
Regarding claim 1, the phrase "in particular" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d). It is noted that claims 9 and 10 also recite this limitation and are similarly indefinite.
The term “at least approximately” in claims 2, 3, 5, and 9 is a relative term which renders the claim indefinite. The term “at least approximately” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Regarding claims 2 and 3, “preferably” is indefinite, since it is unclear if the limitations which follow are required or merely preferred.
Regarding claim 5, there is a lack of antecedent basis for “the sink door” and “the toilet door.” Claim 1, on which this claim ultimately depends, does not set forth either “a sink door” or “a toilet door.”
The remaining claims are indefinite insofar as they depend from a rejected base claim.
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.
Claim(s) 1 - 7, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by FR 2335185 (hereinafter FR ‘185).
Regarding claim 1, FR ‘185 discloses a piece of furnishing (fig. 1) for a recreational vehicle, in particular for a mobile home or a caravan or for a van designed as a recreational vehicle (note that the cabinet of FR ‘185 is fully capable of being installed in a vehicle as claimed), comprising a body (1), a toilet (15) and a sink (11), in particular a restroom sink and/or kitchen sink (the sink is fully capable of either function), characterized in that the toilet and the sink are attached to the body (see attachment points 27, 40, fig. 2, 5) and in that, in a basic position, the toilet is arranged below the sink (fig.1, fig. 19).
Regarding claim 2, FR ‘185 further shows that the body has a toilet door (14) and which is pivoted horizontally such that the toilet and door can be pivoted by approximately 90 degrees (see stowed position in fig. 1 to deployed position in fig. 3; also fig. 19 and fig. 18).
Regarding claim 3, FR ‘185 further shows that the body has a sink door (13) and which is pivoted horizontally such that the toilet and door can be pivoted by approximately 90 degrees (see stowed position in fig. 1 to deployed position in fig. 3; also fig. 19 and fig. 18).
Regarding claim 4, FR ‘185 also shows that a shower tray (60) is attached to the body (fig. 18, 19).
Regarding claim 5, FR ‘185 further shows that the shower tray can be folded down ‘at least in a position’ in which the toilet and sink and the doors are each pivoted out of the basic position by approximately 90 degrees. See fig. 18.
Regarding claim 6, FR ‘185 further shows that the body has a rear wall (32) on which the tray can be folded down from a basic position (fig. 19, stowed) to a shower position (fig. 18, deployed) about a horizontal hinge axis (70).
Regarding claim 7, FR ‘185 further shows that a base area of the shower tray in the shower position is large than a base area of the body in the basic position. See fig. 18, the footprint of 60 is unambiguously bigger than the footprint of the body in the basic position (defined by 4).
Claim(s) 1 and 8-9, as best understood, are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Aper (US 1,409,330).
Regarding claim 1, Aper discloses a piece of furnishing (fig. 1) for a recreational vehicle, in particular for a mobile home or a caravan or for a van designed as a recreational vehicle (note that the cabinet of Aper is fully capable of being installed in a vehicle as claimed), comprising a body (10), a toilet (D and a sink (B), in particular a restroom sink and/or kitchen sink (the sink is fully capable of either function), characterized in that the toilet and the sink are attached to the body (see attachment points 42/43, 27, fig. 3) and in that, in a basic position, the toilet is arranged below the sink (fig. 3).
Regarding claims 8 - 9, Aper further shows that the body has a cover (35) that can be opened from the basic position (fig. 1) about a horizontal hinge axis (36) by approximately 180 degrees (see fig. 2).
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) 8 and 9, as best understood, are rejected under 35 U.S.C. 103 as being unpatentable over FR ‘185 as applied to claim 1, in view of Aper.
Regarding claims 8 - 9, FR ‘185 does not show a cover openable from the basic position about a horizontal hinge axis by approximately 180 degrees. Attention is turned to Aper which teaches a similar bath cabinet (fig 1) having a sink (25) which has a cover (35) that opens about a horizontal hinge axis (36) by approximately 180 degrees (see fig. 1 to fig. 2)(as per claim 9). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided a cover for the sink of FR ‘185 that opens by approximately 180 degrees in order to provide vanity workspace for when the cabinet is being used for makeup, hair, or shaving. Under the proposed modification, the cover is opened from the basic position when the sink is folded down/unstowed and the cover opened along the hinge axis.
Claim(s) 10 is rejected under 35 U.S.C. 103 as being unpatentable over FR ‘185 as applied to claim 1, in view of KR 20120003201 (hereinafter KR ‘201).
Regarding claim 10, FR ‘185 shows all of the instant invention as discussed above, but does not show the piece of furnishing in an RV. Attention is turned to KR ‘201 which teaches that it is common to include small furniture units (100) in an RV or camper (fig. 3, 200). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the furniture unit of FR ‘185 in an RV for enhanced functionality and user comfort.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Wednt (US 523823) shows a toilet cabinet having a sink and slop bucket on a door which rotates around a vertical axis by approximately 180 degrees similar to that shown but not claimed. Dorszynzki (US 2024/0423364) shows a piece of furniture for an RV having a cooktop, a sink, and a shower tray (fig. 2). Miller (US 3,627,396) and Hunter (US 11,219,338) show cabinets for RVs.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
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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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/ERIN DEERY/Primary Examiner, Art Unit 3754