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 § 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.
Claims 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Malin (2,790,182) in view of Lundstrom (6,553,585)
Malin discloses a height adjustable sanitary fixture comprising: a selectively telescoping seat 4; a toilet seat platform B; a plurality of concentric members 1, 3; and wherein the plurality of concentric members 1,3 disposed on a top surface of the toilet seat platform B; wherein said plurality of concentric members defining an opening for accommodating a pelvis of a user; wherein the plurality of concentric members 1,3 are vertically stacked; wherein the plurality of concentric members 1,3 adapted to raise selectively upward from a compressed state to an extended state via rods 7 and columns 8; and further wherein the plurality of concentric members 1,3 adapted to lower selectively downward from the d extended state to the compressed state (when pins 8 are removed from the rods 7 and column 8).
Malin does not disclose an adjustment controller. Attention is directed to Lundtrom which teaches a height adjustable sanitary fixture comprising a toilet seat 55, an adjustable control 80 connecting an actuator 105 for raising and lowering the toilet seat 40 to accommodate a user. Therefore, it would have been obvious to one of skill in the art to employ an adjustable control 50 with an actuator with Malin height adjustable sanitary fixture in place of rods and columns in view of the teaching of Potvin et al. for automatically raising or lowering a user on a toilet seat.
Regarding claim 2, Lundstrom teaches an actuator 105; wherein the actuator 105 is a hydraulic fluid pump (col. 4, lines 39+) actuated by the seat adjustment lever 95 (switch 95); wherein the hydraulic fluid pump 105 having a hydraulic rod; and further wherein the hydraulic fluid pump 105 pushes fluid into a cylinder 70 for pushing the hydraulic rod (the rod on top of the cylinder 75) and raising the plurality of concentric members 1,3 of Malin.
Regarding claim 3, Lundstrom teaches the hydraulic fluid pump 105 actuates while actuating the seat adjustment lever 95.
Regarding claim 4, the hydraulic fluid pump 105 remains fixed upon releasing the seat adjustment lever 95.
Regarding claim 5, the hydraulic fluid pump 105 of Lundtrom would actuates upon actuating the seat 4 adjustment lever to release said fluid from the cylinder 70 for pulling said hydraulic rod and compressing said plurality of concentric members 1,3 in Malin.
Regarding claim 6, Lundstrom teaches an electronic controller 80 for actuating said hydraulic fluid pump remains fixed upon releasing said seat adjustment lever.
Regarding claim 7, a shape of each of said plurality of concentric members is selected from the group consisting of a circle, an oval or an elliptical.
Regarding claims 8, 9 and 17, Malin does not specifically teach a height of the concentric members being from 2 to 8 inches or 3 to 6 inches. Therefore, it would have been obvious to one having ordinary skill in the art to modify the height the concentric members of Malin being between 2 to 8 inches or 3 to 6 inches, since it has been held that “where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 10, Malin discloses a height adjustable sanitary fixture comprising: a selectively telescoping seat 4; a toilet seat platform B; a plurality of concentric members 1, 3, wherein said plurality of concentric members disposed on a top surface of said toilet seat platform; wherein said plurality of concentric members defining an opening for accommodating a pelvis of a user; wherein the plurality of concentric members are vertically stacked. Malin does not teach an adjustment controller; an actuator; and a seat adjustment lever; wherein said actuator is a hydraulic fluid pump actuated by said seat adjustment lever; wherein said hydraulic fluid pump having a hydraulic rod; and further wherein said hydraulic fluid pump pushes fluid into a cylinder for pushing said hydraulic rod and raising said plurality of concentric members. Attention is directed to Lundtrom which teaches a height adjustable sanitary fixture comprising a toilet seat 55, an adjustable control 80 connecting an actuator 105 and a seat adjustment lever, wherein the actuator 105 is a hydraulic fluid pump actuated by the seat adjustment lever 95; wherein the hydraulic fluid pump 105 having a hydraulic rod; and further wherein the hydraulic fluid pump 105 pushes fluid into a cylinder 70 for pushing said hydraulic rod and raising for raising and lowering the toilet seat 40 to accommodate a user. Therefore, it would have been obvious to one of skill in the art to employ an adjustable control 50 with an actuator and a seat adjustment lever with Malin height adjustable sanitary fixture in place of rods and columns in view of the teaching of Potvin et al. for automatically raising or lowering a user on a toilet seat with concentric members.
Regarding claim 11, the plurality of concentric members 1,3 is adapted to raise selectively upward from a compressed state to an extended state, and further wherein the plurality of concentric members 1,3 adapted to lower selectively downward from the extended state to said compressed state.
Regarding claim 12, Lundstrom teaches a hydraulic fluid pump 103 actuates while actuating the seat adjustment lever 95.
Regarding claim 13, Lundstrom teaches a hydraulic fluid pump 105 remains fixed upon releasing the seat adjustment lever 95.
Regarding claim 14, In view of the teaching of Lundstrom, the hydraulic fluid pump 105 actuates upon actuating the seat adjustment lever 95 to release the fluid from the cylinder 70 for pulling the hydraulic rod and compressing the plurality of concentric members.
Regarding claim 15, Lundstrom teaches an electronic controller 80 for actuating the hydraulic fluid pump 105 remains fixed upon releasing said seat adjustment lever.
Regarding claim 16, a shape of each of said plurality of concentric members 1,3 is selected from the group consisting of a circle, an oval or an elliptical.
Regarding claim 18, Malin teaches a method of adjusting a height of a sanitary fixture comprising a step of providing selective telescoping seat 4, a plurality of concentric members 1, 3. Lundstrom teaches an adjustment controller 80, an actuator 105, and a seat adjustment lever 95; affixing the plurality of concentric members 1,3 on a top surface of the toilet seat platform B, wherein said plurality of concentric members 1,3 defining an opening for accommodating a pelvis of a user; vertically stacking said plurality of concentric members 1,3 , wherein the actuator 105 is a hydraulic fluid pump 105 actuated by the seat adjustment lever 95, further wherein the hydraulic fluid pump 105 having a hydraulic rod; and pushing fluid into a cylinder 70 with the hydraulic fluid pump 105 for pushing the hydraulic rod and raising said plurality of concentric members 1,3 in Malin.
Regarding claim 19, Malin teaches the plurality of concentric members 1,3 adapted to raise selectively upward from a compressed state to an extended state, and further wherein said plurality of concentric members 1,3 adapted to lower selectively downward from said extended state to said compressed state.
Regarding claim 20, Lundstrom teaches the hydraulic fluid pump 105 actuates while actuating the seat adjustment lever 95 (switch).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571)272-4890. The examiner can normally be reached Monday-Friday.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 517-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/HUYEN D LE/ Primary Examiner, Art Unit 3754