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
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) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Rexach et al (US Patent Publication 20140069511 herein after Rexach).
Regarding Claim 1, Rexach shows a bathing fixture comprising: a base portion (3); and a movable portion (1) configured for selective movement relative to the base portion (Fig.1); a shape memory alloy portion (2, 20) positioned between the base portion and the movable portion (paragraph 23),
the shape memory alloy portion engaged with the movable portion and configured to automatically adjust a position of the movable portion when the shape memory alloy portion is activated by at least one of the following: a temperature change (paragraph 24).
Regarding Claim 2, Rexach shows the bathing fixture of claim 1, further comprising a water supply (paragraph 4).
Regarding Claim 3, Rexach shows the bathing fixture of claim 2, wherein a first temperature of water flowing through the water supply along the shape memory alloy portion corresponds to a first position of the shape memory alloy portion, and wherein a second temperature of water flowing through the water supply along the shape memory alloy portion corresponds to a second position of the shape memory alloy portion.
Regarding Claim 4, Rexach shows the bathing fixture of claim 1, wherein the bathing fixture is at least one of a faucet (Fig.1, paragraph 20).
Regarding Claim 5, Rexach shows the bathing fixture of claim 4, wherein the bathing fixture is a faucet (Fig.1, paragraph 20).
Claim(s) 1, 4, 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wiig et al (US Patent Publication 20100011493 herein after Wiig).
Regarding Claim 1, Wiig shows a bathing fixture comprising: a base portion (toilet bowl; paragraph 41 lines 5-6); a movable portion (toilet seat) configured for selective movement relative to the base portion (paragraph 41); a shape memory alloy portion (14) positioned between the base portion and the movable portion (paragraph 43), the shape memory alloy portion engaged with the movable portion and configured to automatically adjust a position of the movable portion when the shape memory alloy portion is activated by at least one of the following an electrical current (paragraph 42 and 44).
Regarding Claim 4, Wiig shows the bathing fixture of claim 1, wherein the bathing fixture is at least one of a toilet (paragraph 9).
Regarding Claim 6, Wiig shows the bathing fixture of claim 1, the bathing fixture is a toilet, wherein the base portion is a bowl of the toilet, and wherein the movable portion is a seat of the toilet (paragraph 42).
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) 4 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wiig et al (US Patent Publication 20100011493 herein after Wiig) in view of Allard et al (US Patent Publication 20110107507 herein after Allard). Wiig shows the bathing fixture of claim 1, but fails to show a bidet wand. Allard teaches a bathing fixture is at least one of a bidet wand (paragraph 9). Wherein adjustment of the shape memory alloy portion (74) causes a bidet wand to extend to a position for use (Fig.4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a bidet wand in order to clean the toilet.
Response to Arguments
Applicant's arguments filed 7/7/2026 have been fully considered but they are not persuasive.
Applicant argues that Rexach fails to show “the shape memory alloy portion is engaged with the movable portion and configured to automatically adjust a position of the movable portions when the shape memory alloy portion is activated by a temperature and/or electrical current”.
The examiner disagrees. Rexach teaches a memory alloy portion is made of a material that can be easily deformed into a shape, by moving the spray head from the rest position to the deployed positions, and the alloy returns to the original shape without action from the user (paragraph 24 lines 5-15).
Applicant argues that Wiig fails to show “the shape memory alloy portion is engaged with the movable portion and configured to automatically adjust a position of the movable portions when the shape memory alloy portion is activated by a temperature and/or electrical current”. The shape memory alloy wire in Wiig is not engaged with the toilet seat and does not automatically adjust the position of the toilet seat.
The examiner disagrees. Wiig teaches the shape memory allow wire (14) of Wiig engages with a spring and piston which includes the locking mechanism. The locking mechanism is engaged with the toilet seat and/or lid (paragraph 41 and 42) and therefore the memory alloy portion engages with the toilet seat and/or lid.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Yao (US Patent Publication 20080201836) is directed to the state of a shape memory alloy and a bidet.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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/LAUREN A CRANE/ Primary Examiner, Art Unit 3754
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