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 .
Status of Claims
Claims 1-20 are pending and currently under consideration for patentability.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 11/20/2024, 09/11/2025, and 07/09/2026 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement has been considered by the examiner.
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) 1-15, and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Baker (US 20190223844 A1).
Regarding Claim 1, Baker teaches an excretion collection and evaluation system (100 fig. 2) comprising:
a) at least one waste receptacle (108 fig. 2-see the waste receptacle 108) including a waste collection area (para (0047], The aperture 110 is arranged to provide an outlet for release of bodily waste matter captured within the toilet bowl 10; fig. 2 - see the waste collection area above outlet 110 of the waste receptacle 108, wherein waste is received thereon); and
b) a sensor (para (0051], 'a weighing arrangement 118 in the form of a strain gauge, is used to determine the weight of the receptacle 108 and its contents'; 118 fig. 1 - see the sensor 118 incorporated into the waste receptacle 100 and configured to measure the weight of waste deposited within said waste receptacle 108) configured to be coupled to a toilet, selectively coupled to the at least one waste receptable (fig. 7- see how the sensor 218 is coupled to the waste receptacle 108), and to generate a signal indicative of a quantity of waste deposited in the waste collection area (para (0069], 'The user then deposits their bodily waste into the receptacle 108. The user's waste is collected by the receptacle 108. The weight of the deposited waste is measured using the strain gauge 118' - see how the sensor 118 measures and generates a signal correlated to the quantity of waste deposited in the waste receptacle 108).
Regarding Claim 2, Baker teaches the excretion collection and evaluation system of claim 1. Baker further teaches wherein the sensor includes at least one load cell that interfaces with the at least one waste receptacle (para [0093], 'The strain gauge may be replaced with any of: a load cell, a spring scale; and a hydraulic and/or a pneumatic scale' - see how the sensor 118 may comprise a load cell configured to interface with the at least one waste receptacle 108 in order to measure waste deposited in the waste collection area).
Regarding Claim 3, Baker teaches the excretion collection and evaluation system of claim 1. Baker further teaches any one of the preceding claims, wherein the at least one waste receptacle (108) includes an overhanging region (120) selectively coupled to the sensor (fig. 2- see how the overhanging region 120 of the waste receptacle 108 is selectively coupled to the sensor 118; para (0052], 'The strain gauge 118 is mounted on the receptacle 108, using a fitting 120').
Regarding Claim 4, Baker teaches the excretion collection and evaluation system of claim 3. Baker further teaches wherein the overhanging region includes a receptacle locking feature (para [0092]) configured to constrain movement of the at least one waste receptacle relative to the sensor (para (0052]).
Regarding Claim 5, Baker teaches the excretion collection and evaluation system of claim 3. Baker further teaches wherein the sensor includes a sensor locking feature configured to engage the at least one waste receptacle to constrain movement of the at least one waste receptacle relative to the sensor (paragraph [0093], figure 2).
Regarding Claim 6, Baker teaches the excretion collection and evaluation system of claim 5. Baker further teaches wherein the receptacle locking feature includes an aperture, and the sensor locking feature includes a protrusion sized to engage the aperture (figure 4).
Regarding Claim 7, Baker teaches the excretion collection and evaluation system of claim 1. Baker further teaches wherein the at least one waste receptacle includes a urine receptacle and a stool receptacle, wherein the urine receptacle and the stool receptacle are independently coupled to the sensor (paragraph [0037]).
Regarding Claim 8, Baker teaches the excretion collection and evaluation system of claim 1. Baker further teaches wherein the at least one waste receptacle includes a urine receptacle and a stool receptacle, wherein the urine receptacle and the stool receptacle are combined in a single sample collection container (paragraph [0037]).
Regarding Claim 9, Baker teaches the excretion collection and evaluation system of claim 1. Baker further teaches wherein the at least one waste receptacle includes a urine receptacle (paragraph [0037]).
Regarding Claim 10, Baker teaches the excretion collection and evaluation system of claim 1. Baker further teaches wherein the at least one waste receptacle includes a stool receptacle (paragraph [0037]).
Regarding Claim 11, Baker teaches the excretion collection and evaluation system of claim 1. Baker further teaches wherein the at least one waste receptacle includes a drain (inherent in a toilet).
Regarding Claim 11, Baker teaches the excretion collection and evaluation system of claim 10. Baker further teaches wherein the at least one waste receptacle defines slopes to direct a flow of fluid towards the drain (inherent in a toilet).
Regarding Claim 13, Baker teaches the excretion collection and evaluation system of claim 1. Baker further teaches at least one separator configured to inhibit contact between a toilet seat, the sensor, or the at least one waste receptacle, wherein the at least one waste receptacle includes a cutout (toilet bowl top hole) sized to receive the separator (120) , and wherein the separator is secured to the toilet seat (figure 4) .
Regarding Claim 14, Baker teaches the excretion collection and evaluation system of claim 1. Baker further teaches a controller that receives the signal from the sensor and evaluates a weight or volume of excretions based on the signal (paragraph [0051][0069]).
Regarding Claim 15, Baker teaches the excretion collection and evaluation system of claim 14. Baker further teaches wherein the controller is configured to transmit data to an electronic medical station (paragraph [0078]).
Regarding Claim 19, Baker teaches a waste receptacle (108) for use with an excretion collection and evaluation system (100), the waste receptacle comprising:
a. a waste collection area (para [0047], 'The aperture 110 is arranged to provide an outlet for release of bodily waste matter captured within the toilet bowl 10'; fig. 2 - see the waste collection area above outlet 110 of the waste receptacle 108, wherein waste is received thereon);
b. a support flange (120) extending from the waste collection area and including a receptacle locking feature (paragraph [0092]), the support flange configured to:
i. suspend the waste collection area within a toilet bowl (para [0052], 'the fitting 120 is attached to the rim 106 at the rear of the bowl 10, in between the mounting hinges 124 of the toilet seat 12'; fig. 1-4 - see how the support flange 120 suspends the waste collection area 108 within a toilet bowl 10),
ii. constrain movement of the waste receptacle relative to the excretion collection and evaluation system (fig. 1-4 - see how the support flange 120 constrains movement of the receptacle 108 relative to the collection and evaluation system), and
iii. engage a quantity measurement sensor of the excretion collection and evaluation system (para [0051]); and
c. a drain positioned within the waste collection area configured to allow excretions to exit the waste collection area during use (110,112, fig.1-3; para [0047]).
Claim(s) 16-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Dijkman (WO 2020130801 A1).
Regarding Claim 16, Dijkman teaches an excretion collection and evaluation system comprising:
a) a toilet seat (110 48 - see the toilet seat 110) configured to be hingedly coupled to a toilet (fig. 4B - see how the toilet seat is hingedly coupled to the toilet 100; page 6, In 22-23: toilet seat lift inherently with a hinge) and including a separator (30 fig. 4A- see the separator 30) extending from a bottom surface of the toilet seat (page 6, In 13-14, 'Suspending means 30 comprise a platform 32 for supporting the system 1, a collar 31 for supporting on the edge of the toilet bowl 100'; page 6, In 21-22, 'In the assembled state of figure 48 the collar can be clamped between the lowered seat part of toilet seat 110 and the edge 101 of toilet bowl 100'; fig. 48 - see how the separator is configured to extend from the bottom of the toilet seat 110, thereby separating the toilet seat 110 from the upper edge of the toilet 100 and also separating the seat from the sensor 20); and
b) a quantity measurement sensor (page 4, In 33- 34, 'Measuring device 20 is configured to weight the collecting device 10 (with contents)'; page 5, In 12-13, 'Suitable measuring means comprise a weighing cell or load cell, particularly a piezoelectric load cell'; 20 fig. 4A, 20 fig. 5A - 58) coupled to the toilet seat and positioned so that the separator inhibits contact between the toilet seat and the quantity measurement sensor (fig. 4A - see how the separator is configured to inhibit contact between the toilet seat, disposed above the separator, and the quantity measurement sensor 20, disposed at the bottom of the separator 30).
Regarding Claim 17, Dijkman the excretion collection and evaluation system of claim 16. Dijkman further teaches wherein the quantity measurement sensor includes a battery powered load cell (page 5, In 12-13, 'Suitable measuring means comprise a weighing cell or load cell, particularly a piezoelectric load cell'; page 5, In 19 - 20, 'An example of a suitable power supply is a battery, which can preferably be recharged wirelessly' - see how the quantity measurement sensor 20 includes a battery powered load cell).
Regarding Claim 18, Dijkman the excretion collection and evaluation system of claim 16. Dijkman further teaches wherein the quantity measurement sensor is configured to be directly coupled with the toilet (Fig. 4A-4B - see how the sensor 20 can be directly coupled with the toilet)(Note: intended use: 'the quantity measurement sensor is configured to be directly coupled with the toilet' is considered an intended use and carries no patentable weight. HOLDING NOVIO PELVIC's quantity measurement sensor is considered capable of being 'directly coupled to the toilet', since the quantity measurement sensor 20 is a component of the separator 30, wherein the separator 30 is directly coupled to the toilet 100) and the toilet seat includes a toilet seat hinge configured to couple the toilet seat to the quantity measurement sensor (fig. 4A - 48 - see how the toilet seat 11 O comprises a toilet seat hinge configured to coupled the toilet seat 110 to the quantity measurement sensor 20 via the toilet 100 and the suspending means of the separator 30; page 6, In 22-23 - see how the seat is shown in the lowered position, with the hinge hidden under the seat).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over by Baker (US 20190223844 A1) in view of Hall (US 20190010689 A1).
Regarding Claim 20, Baker teaches the waste receptacle of claim 19. Baker fails to explicitly teach wherein the waste collection area includes a urine receptacle and a separate stool receptacle. However, Hall teaches a similar waste receptacle configured to collect waste for evaluation (100 fig. 1 - see the waste receptacle 100). Hall further teaches wherein the waste receptacle comprises a waste collection area including a urine receptacle (para (0023], 'A smaller hole, urine collection orifice 130 is shown further toward the front of the toilet bowl 100 than fecal collection aperture 120'; fig. 1 - see the urine receptacle 130) and a separate stool receptacle (para (0023], 'Fecal collection aperture 120 within toilet bowl wall. A user may deposit feces through fecal collection aperture 120'; 120 fig. 1 -see the stool receptacle 120, configured to be separate from the urine receptacle). Accordingly, it would have been obvious to one having ordinary skill in the art to have employed the waste collection area including a urine receptacle and a separate stool receptacle upon the waste receptacle of Baker George Group, as taught by Hall, in order to have provided a user the additional capability to independently and simultaneously capture urine and stool for evaluation, while keeping each of the samples separate, thereby mitigating the risk of contamination prior to evaluation.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: US 20190010689 A1, US 20080312556 A1, US 20200204717 A1.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATE ELIZABETH STRACHAN whose telephone number is (571)272-7291. The examiner can normally be reached M-F: 8:00-5:00.
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/KATE ELIZABETH STRACHAN/Examiner, Art Unit 3781
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
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