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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, an annular cover plate, the components being annular in shape, a built-in communication unit, an external communication device, the cutting blade is located between a front end and arear end of the heating wire, an annular bottom plate, a storage space, a display screen, a seat cushion, and all parts below the toilet seat are covered by a complete integrated seamless enclosure, a bottom part of the enclosure comprises an annular outlet directing to the plastic bag must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claim 1 is objected to because of the following informalities: in lines 3-4, “an automatic sealing machine” should be rewritten as –the automatic sealing machine--.
Claim 10 is objected to because of the following informalities: claim 10 contains two sentences. Examiner recommends replacing the period with the phrase “wherein” to overcome.
Claim 12 is objected to because of the following informalities: after the word sealing, --machine-- should be added.
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.
Claim 13-14 and 16 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.
Claim 13 recites the limitation "the storage box" in line 3; “the various sensors” in line 3. There is insufficient antecedent basis for these limitations in the claim. Claim 14 will inherit this same issue.
Regarding claim 16, the phrase “all parts below the toilet seat are covered by a complete integrated seamless enclosure” renders the claim indefinite because what encompasses “all parts” has not previously been defined; additionally, many of the previously claimed features have not been disclosed in relation to the toilet seat. Accordingly, it is unclear what the metes and bounds of the claim are. Clarification is required.
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) 1-14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over CH 702898 A1 using attached machine translation (hereinafter Luescher) in view of CN 114190805 A using attached machine translation (hereinafter Zhu).
Regarding claim 1, Luescher discloses a convenient and packaging toilet (1) comprising: a toilet seat (32) and an automatic sealing machine (22); wherein the toilet seat is provided with an annular outlet (35); the annular outlet extends downward along an inner side to form an annular fixing portion (sidewalls form a fixing portion; fig. 3b), and the annular fixing portion is connected to the automatic sealing machine (22);
Luescher contemplates automatic controls but fails to show a built-in communication unit adapted to wirelessly communicate with an external communication device. Attention is again turned to Zhu which shows using a control module with a built in communication unit with a remote controller and mobile phone app to easily activate and control the toilet (“The invention is operated by the automatic control system, the remote controller, the mobile phone APP sends instruction to the main control centre to execute the action. “translation, pg. 10). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to utilize a built-in communication unit adapted to wirelessly communicate with an external communication device to allow a user to easily control and operate the system as is known in the art and evidenced by the teachings above.
Regarding claim 2, Luescher shows wherein the annular cover plate has a storage box (31) installed thereon, wherein the storage box is adapted to store plastic packaging bags (41).
Regarding claim 3, Luescher in view of Zhu shows wherein the movable annular components comprises a communication unit (Zhu, as explained above regarding claim 1) and a conductive unit (Luescher; power source for the heat wire) ; wherein the movable annular components are configured to connect to an external communication device through the communication unit and to connect to the heating wire through the conductive unit (Zhu; “the arc-shaped hot melt 409 is installed on the first box body 4 groove bottom close to the second dirt containing cavity 400 top outlet position, arc-shaped hot melt and the first tightening wheel 406. the second tightening wheel 407 cylinder upper end high, the arc-shaped hot melt towards one side of the cylinder respectively of the upper end buried resistance strip 410, the lower end embedded resistance wire 411, the resistance wire, the resistance strip is equal to the arc-shaped hot melt and exposed to the side surface of the arc-shaped hot melt opposite to the tightening belt, the corresponding part of the tightening belt is adhered with a high temperature adhesive tape (Teflon and so on), which avoids the short circuit of the control plate when the resistance wire is electrified.” Translation pg. 7); such that after receiving an external communication signal, the movable annular components can automatically join together at an annular center of the automatic sealing machine (Luescher shows the arms meeting at the center of the device).
Regarding claim 4, Luescher in view of Zhu shows wherein the external communication device comprises remote controls, sensors, and/or smart communication devices (Zhu, remote control or smart phone app, translation pg. 4); wherein the sensors comprise visual sensors, smell sensors, sound sensors, and/or thermal imaging sensors (Zhu, infrared sensor, translation pg. 5); wherein the sensors are signally connected to the smart communication device, or signally connected through a communication unit to the smart communication devices and/or remote control (Zhu, “infrared sensor 412 detecting not to the second containing cavity 400 in the plastic bag 318, then feeding back to the main control centre to start the exhaust fan 416, continuously carrying out the bag” translation pg. 9).
Regarding claim 5, Luescher shows wherein the heating wire is vertically attached to the inner wall of the movable annular component and the cutting blade comprises a cutting surface that is vertically arranged on the inner wall of the movable annular component (note annotated fig. 3d below).
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Regarding claim 6, Luescher shows wherein the cutting blade is located between a front end and a rear end of the heating wire (Luescher, “In Fig. 1 (d) shows how after closing the now closed bag 43a is separated with a separating device 23 from the film tube so that it falls into the collecting device 21 due to gravity. The closure of the film tube is preferably carried out so that when separating the bag 43a of the film tube 41 is closed again at its new lower end. This can be achieved, for example, by making a thermal sealing zone wide and separating in the middle thereof.” Translation pg. 5).
Regarding claim 7, Luescher fails to show wherein the heating wire is made of metal material. However, it would have been obvious to one having ordinary skill in the art before the effective filing to select metal for the heating wire since it has been held that the selection of a known material suitable for its intended use involves only routine skill in the art. In the instant case, metal is a well-known and art-established material for heating wires.
Regarding claim 10, Luescher shows wherein the automatic sealing machine has an annular bottom plate (bottom surface of portion 20), wherein the annular bottom plate is made of anti-slip material (stabilizers 25 prevent tilting and slipping).
Regarding claim 11, Luescher in view of Zhu shows wherein the annular outlet, the annular cover plate, and the annular bottom plate have the same inner annular size (both Zhu and Luescher show complementary annular shapes with the components and housings).
Regarding claim 12, Luescher shows wherein the automatic sealing machine has a storage space (21) below for temporarily storing sealed excrement.
Regarding claim 13, Luescher in view of Zhu shows further comprising a display screen (Zhu, smart phone has a display screen), wherein the display is arranged on the side of the automatic sealing machine or the storage box (user is capable of holding the phone on a side of the device during use); wherein the display screen has a signal input end connected to the various sensors for real- time display of various sensing data for the user to understands usage conditions (Zhu, app communicates with control unit).
Regarding claim 14, Zhu shows wherein the display screen is adapted to communicate signals with smart devices which can receive and display the analyzed data so that the user can monitor the user's health conditions, wherein the display screen is also adapted to receive remote commands from the remote control that is communicating signals therewith (Zhu shows a mobile app for the smart phone which is capable of relaying data to the user).
Regarding claim 16, Luescher in view of Zhu shows wherein all parts below the toilet seat are covered by a complete integrated seamless enclosure (2); wherein a bottom part (21) of the enclosure comprises an annular outlet directing to the plastic bag (fig. 1a-d of Luescher shows everything enclosed by a housing and a bottom part (21) has an opening that receives the plastic bags).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luescher and Zhu as applied to claims 1-14 above, and further in view of DE 20 2020 003 904 U1 (hereinafter Nebauer).
Regarding claim 8, the combination of Luescher and Zhu fails to show wherein the annular cover plate is mounted on the annular fixing portion with quick-release screws. Attention is turned to Nebauer in the same field of endeavor of portable toilets which shows using quick release screws to couple parts together (“By lifting and holding the toilet lid by means of a device, on which the mini urinal, which is provided with easily detachable connections for disposal and flushing, can be moved and fastened by means of quick-release fasteners” translation pg. 2). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to utilize quick release screws between the cover plate and fixing portion of Luescher as modified by Zhu to allow a user to easily dismantle the structure when necessary as is known in the art and evidenced by the teachings above.
Claim(s) 9 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Luescher and Zhu as applied to claims 1-14 above, and further in view of US Patent Application Publication 2009/0217449 A1 (hereinafter Heath).
Regarding claim 9, the combination of Luescher and Zhu fails to show wherein the toilet seat is made of materials comprising Polypropylene (PP), or Acrylonitrile butadiene styrene (ABS) materials, and antimicrobial plastic additives. Attention is turned to Heath in the same field of endeavor of toilet seats which shows selecting as a sutiable material and including antimicrobial plastic additivies in the seat to provide a cleaner toilet environment (par. 007, 022). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to select as a material and to include antimicrobial plastic additives to prevent the growth of bacteria and other harmful agents as is known in the art and evidenced by the teachings above.
Regarding claim 15, Luescher in view of Zhu fails to show wherein the toilet seat comprises a seat cushion thereon. Attention is turned to Heath in the same field of endeavor of toilet seats which shows including a cushion on a toilet seat to provide comfort to a user (par. 008). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a cushion on the toilet seat to provide a more comfortable seating surface for a user as is known in the art and evidenced by the teachings above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 11,684,223 is directed to the state of the art of bagging toilets.
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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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754