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 Objections
Claims 1-11 and 15-18 are objected to because of the following informalities: the limitations “the lower portion of the frame” in line 7 of claim 7, “the lower portion of the seat” in lines 4-5 of claim 15, and “the extender” in line 2 of claim 17 lack antecedent basis in the claim. Appropriate correction is required.
Claim 16 is objected to because of the following informalities: the limitations “extender-extending” in line 1 should be --extender extending--. 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 8 is 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 8 recites the limitation "the non-electric biasing energy storage mechanism" in line 2. There is insufficient antecedent basis for this limitation in the claim. Therefore, it is unclear if it is referring to the “spring” in line 10 of claim 1 or another different structure. For the purpose of this examination, "the non-electric biasing energy storage mechanism" is assumed to be the same as the “spring.”
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 6-7, and 9-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 5,440,767 (hereinafter Bergenwall).
Regarding claim 1, Bergenwall discloses an apparatus, comprising:
a seat (4) comprising a forward end portion and an aft end portion, an upper portion and a lower portion (see Figs. 1-4),
a frame (3) connected to the lower portion of the seat (see Figs. 1-4), the frame for assisting in the prevention of torsion of the seat,
a base (2) configured to be mounted to a toilet (see Fig. 1), the base comprising an upper portion connected to the lower portion of the frame (see Fig. 1: via members 6), and further comprising a lower portion, one or more side portions (left and right side portions), and at least one extender (see Fig. 2: about where member 13 connected) extending downwardly from the base,
at least one forward hinge (7) connected to at least one of the frame and the base (via members 5), the at least one forward hinge being configured to enable the seat and frame to rotate relative to the base,
at least one spring (member 12 is considered as “spring”) being configured to move the aft end portion of the seat between a lowered position (see Fig. 4) and a raised position (see Fig. 1) wherein the at least one extender connects the at least one spring to the base, and
one or more handles (11), wherein the handles are configured to assist a user in at least one of sitting or standing.
Regarding claim 6, the apparatus of claim 1, wherein the spring is attached with a bolt (member where 10, 14 is pointing is considered as the “bolt”) inserted through an eyelet (about where 10, 14 is pointing in Fig. 1).
Regarding claim 7, the apparatus of claim 1, wherein the base comprises a plurality of slots (16) to facilitate mounting of the base to the toilet.
Regarding claim 9, the apparatus of claim 1 wherein the frame comprises one or more tubular members (square tubular members) for reinforcing the frame (see figures 1-4).
Regarding claim 10, the apparatus of claim 1, further comprising at least one aft hinge (19) configured to connect the base (2) to the rear of the toilet (via frame 3) to support the apparatus on the toilet, and to allow the base and the seat to temporarily rotate upwardly to a vertical orientation (see Fig. 1).
Claim(s) 1-9 and 12-14 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 4,690,457 (hereinafter Poncy).
Regarding claim 1, Poncy discloses an apparatus (see Fig. 1), comprising:
a seat (12) comprising a forward end portion and an aft end portion, an upper portion (where 12 is pointing in Fig. 1) and a lower portion (where 11 attached),
a frame (11, 17) connected to the lower portion of the seat, the frame for assisting in the prevention of torsion of the seat,
a base (14, 16, 22, 23, 25 and the legs) is capable of being configured to be mounted to a toilet, the base comprising an upper portion (14, 16, 22, 23, 25) connected to a lower portion (about 54) of the frame, and further comprising a side portion (where 44 is pointing in Fig. 2), and at least one extender (42, 44) extending downwardly from the base,
at least one forward hinge (40) connected to at least one of the frame and the base, the at least one forward hinge being configured to enable the seat and frame to rotate relative to the base,
at least one spring (34) being configured to move the aft end portion of the seat and the frame between a lowered position and a raised position (see Fig. 1), wherein the at least one extender connects the at least one spring to the base, and
one or more handles (26, 28), the one or more handles are configured to assist a user in at least one of sitting or standing.
Regarding claim 2, the apparatus of claim 1, wherein the at least one spring is a gas spring.
Regarding claim 3, the apparatus of claim 1 further comprising a lock (see Fig. 3) configured to releasably lock the seat into the lowered position, wherein the lock comprises a user-operated a lever (60) configured to one of engage or disengage a bolt (52) to or from, respectively, a receiver (16) mounted to the base.
Regarding claim 4, the apparatus of claim 1 further comprising first and second arm rests (see col. 2, lines 21-22) mounted to the base, the first and second arm rests comprising the gripping handles (about where 28 and 28a is pointing in Fig. 1), wherein the gripping handles comprise first and second gripping handles (left and right sides) comprising a central gripping portion (the 90 degrees connection between 28 and 28a in Fig. 1) and at least one of a front extension (28a in Fig. 1) and a rear extension (where 28 is pointing in Fig. 1).
Regarding claim 5, the apparatus of claim 4, wherein a rear portion (the portion of 34 connected to 42) of the spring is mounted to the extender (see Fig. 1).
Regarding claim 6, the apparatus of claim 1, wherein the spring is attached with a bolt (lock pin 46) inserted through an eyelet (about where B is pointing in Fig. 1).
Regarding claim 7, the apparatus of claim 1, wherein the base comprises a plurality of slots (see Fig. 4: the openings between legs about where 32s are pointing are considered slots as claimed) are capable of being used to facilitate mounting of the base to the toilet.
Regarding claim 8, the apparatus of claim 1, further comprising an angle selector (38) configured to adjust the maximum extended position of the non-electric biasing energy storage mechanism (the spring 34).
Regarding claim 9, the apparatus of claim 1 wherein the frame comprises one or more tubular members for reinforcing the frame (see figures).
Regarding claim 12, Poncy discloses an apparatus comprising:
a seat (12) having a forward end portion, an aft end portion, an upper portion (where 12 is pointing in Fig. 1) connected to the forward end portion, and a lower portion (where 11 attached),
a frame (11, 17) configured to support the seat, the frame including one or more tubular members (see Fig. 4) connected thereto, the one or more tubular members positioned under the seat, including at least one first tubular member (left tubular member) positioned under a first side portion (left side) of the seat and at least one second tubular member (where 11 is pointing in Fig. 4) positioned under a second side portion (back side) of the seat and transverse to the at least one first tubular member for assisting in the prevention of torsion of the seat,
a base (14, 16, 22, 23, 25 and the legs) is capable of being configured to be mounted to a toilet, the base comprising an upper portion (14, 16, 22, 23, 25) connected to a lower portion (about 54) of the seat via the frame, and wherein the base further comprises a lower portion and an extender (42, 44) extending downwardly from the base,
at least one hinge (40) connected to the forward end portion of the seat and to the upper portion of the base, the at least one hinge being configured to enable the seat to rotate relative to the base, wherein the at least one hinge is connected to the base, and
at least one non-electric biasing energy storage mechanism (34) connected to the extender and the lower portion of the seat (see Figs. 1 and 4) via the frame, the non-electric biasing energy storage mechanism being configured to move the aft end portion of the seat between a lowered position and a raised position (see Fig. 1).
Regarding claim 13, the apparatus of claim 12, further comprising first and second arm rests (26, 28, see col. 2, lines 21-22) mounted to the base, the arm rests comprising first and second gripping handles (about where 28 and 28a is pointing in Fig. 1), wherein the first and second gripping handles comprise a gripping portion (the portion where the user grips).
Regarding claim 14, the apparatus of claim 12, wherein the non-electric biasing energy storage mechanism is capable of supporting up to 80% of a user's weight (see col. 2, lines 52-66).
Claim(s) 1-18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP-H0984720-A (hereinafter Hiroshi).
Regarding claim 1, Hiroshi discloses an apparatus, comprising:
a seat (3) comprising a forward end portion and an aft end portion, an upper portion and a lower portion (see Figs. 1-2),
a frame (2, 9) connected to the lower portion of the seat (see Figs. 1-2), the frame for assisting in the prevention of torsion of the seat,
a base (left vertical 12, horizontal 12, left 21) configured to be mounted to a toilet (see Fig. 1), the base comprising an upper portion (portion about 14 and the top surface portion of horizontal 12) connected to the lower portion of the frame (see Fig. 8: about 15), and further comprising a lower portion, one or more side portions (left and right side portions), and at least one extender (right vertical 12 in Fig. 2) extending downwardly from the base (horizontal 12),
at least one forward hinge (about pivot 6) connected to at least one of the frame and the base, the at least one forward hinge being configured to enable the seat and frame to rotate relative to the base,
at least one spring (4) being configured to move the aft end portion of the seat between a lowered position (see Fig. 2) and a raised position (see Fig. 1) wherein the at least one extender connects the at least one spring to the base, and
one or more handles (22), wherein the handles are configured to assist a user in at least one of sitting or standing.
Regarding claim 2, the apparatus of claim 1, wherein the spring is a gas spring.
Regarding claim 3, the apparatus of claim 1 further comprising a lock (see Fig. 8) configured to releasably lock the seat into the lowered position, wherein the lock comprises a user-operated a lever (17) configured to one of engage or disengage a bolt (15a) to or from, respectively, a receiver (14) mounted to the base.
Regarding claim 4, the apparatus of claim 1 further comprising first and second arm rests (21c, 22, 23 in Fig. 1) mounted to the base via 21d, the first and second arm rests comprising the gripping handles (about where 13 is pointing in Fig. 1), wherein the gripping handles comprise first and second gripping handles (13 on left and right sides) comprising a central gripping portion (about where 23 is pointing in Fig. 1) and at least one of a front extension (21c in Fig. 1) and a rear extension (corner pipes between 22 and 23 in Fig. 1).
Regarding claim 5, the apparatus of claim 4, wherein a rear portion (portion 4b) of the spring is mounted to the extender (see Fig. 2).
Regarding claim 6, the apparatus of claim 1, wherein the spring is attached with a bolt (the bolt element inserted through holes 10) inserted through an eyelet (about the bolt element inserted through holes 10 in Fig. 2).
Regarding claim 7, the apparatus of claim 1, wherein the base comprises a plurality of slots (see Fig. 1: the openings between legs and member 12 are considered slots as claimed) to facilitate mounting of the base to the toilet.
Regarding claim 8, the apparatus of claim 1, further comprising an angle selector (11) configured to adjust the maximum extended position of the non-electric biasing energy storage mechanism (the spring 4).
Regarding claim 9, the apparatus of claim 1 wherein the frame comprises one or more tubular members (8) for reinforcing the frame (see figures 1-5).
Regarding claim 10, the apparatus of claim 1, further comprising at least one aft hinge (see Fig. 2: hinge at the rear of seat 3) configured to connect the base to the rear of the toilet (via frame 2) to support the apparatus on the toilet, and to allow the base and the seat to temporarily rotate upwardly to a vertical orientation (see Fig. 2).
Regarding claim 11, the apparatus of claim 1, further comprising at least one of a splash guard and protective skirt (see Fig. 6: the elements between seat 3 and frame 2) that is mounted to the seat.
Regarding claim 12, Hiroshi discloses an apparatus comprising:
a seat (3) having a forward end portion, an aft end portion, an upper portion connected to the forward end portion, and a lower portion (see Figs. 1-2),
a frame (2, 9) configured to support the seat, the frame including one or more tubular members (8) connected thereto, the one or more tubular members positioned under the seat, including at least one first tubular member (left tubular member 8) positioned under a first side portion (left side) of the seat and at least one second tubular member (see Fig. 6: back tubular member 8a) positioned under a second side portion (back side) of the seat and transverse to the at least one first tubular member for assisting in the prevention of torsion of the seat,
a base (left vertical 12, horizontal 12, left 21) configured to be mounted to a toilet, the base comprising an upper portion (portion about 14 and the top surface portion of horizontal 12) connected to a lower portion of the seat via the frame, and wherein the base further comprises a lower portion and an extender (right vertical 12 in Fig. 2) extending downwardly from the base,
at least one hinge (about pivot 6) connected to the forward end portion of the seat and to the upper portion of the base, the at least one hinge being configured to enable the seat to rotate relative to the base, wherein the at least one hinge is connected to the base, and
at least one non-electric biasing energy storage mechanism (4) connected to the extender and the lower portion of the seat (see Figs. 1-4) via the frame, the non-electric biasing energy storage mechanism being configured to move the aft end portion of the seat between a lowered position (see Fig. 2) and a raised position (see Fig. 1).
Regarding claim 13, the apparatus of claim 12, further comprising first and second arm rests (21c, 22, 23 in Fig. 1) mounted to the base via 21d, the arm rests comprising first and second gripping handles (13 on left and right sides), wherein the first and second gripping handles comprise a gripping portion (the portion where 13 is pointing in Fig. 1).
Regarding claim 14, the apparatus of claim 12, wherein the non-electric biasing energy storage mechanism (4) is capable of supporting up to 80% of a user's weight.
Regarding claims 15-17, the methods as claimed are fully met the by the apparatus of Hiroshi discussed above with respect to claim 12, wherein the “forward pivot mechanism” in line 9 of claim 15 is equate to the “hinge” of claim 12.
Regarding claim 18, the method as claimed is fully met the by the apparatus of Hiroshi discussed above with respect to claim 15, wherein the “forward pivot mechanism” in line 9 of claim 15 is equate to the “hinge” of claim 12 and the at least non-electric biasing energy storage mechanism (4) is housed with the base (4 is housed within the perimeter of the base (see Figs. 1-2 and 12).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 15 rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 12,150,906 (hereinafter Krupski). Although the claim at issue is not identical, it is not patentably distinct from each other because claim 15 is a broader version and contains the exact essential elements of that of the patent’s claim 8.
Claims 1-18 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-13 of U.S. Patent No. 12,150,906 (hereinafter Krupski) in view of Bergenwall (discussed above).
Regarding claim 1, the limitations as claimed are broader and contain the exact essential elements of that of claim 1 of Krupski except for the limitation of the at least one extender extending downwardly from the base and that the extender connects the spring to the base.
Bergenwall teaches a connection between a base (2) and a spring (12) comprising at least one extender (see Fig. 2: about where member 13 connected) extending downwardly from the base and that the extender connects the spring to the base.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the connection of the base and spring of Krupski with the connection having at least one extender extending downwardly from the base and that the extender connects the spring to the base as taught by Bergenwall, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 2, the claimed limitation is fully met by claim 2 of Krupski.
Regarding claim 3, the claimed limitation is fully met by the locking step of Krupski’s claim 1.
Regarding claim 4, the claimed limitation is fully met by the apparatus of Krupski’s claim 3.
Regarding claim 5, the claimed limitation is obviously met by the combination discussed above regarding claim 1.
Regarding claim 6, the claimed limitation is obviously met by the combination discussed above regarding claim 1; wherein, Bergenwall teaches a bolt (member where 10, 14 is pointing is considered as the “bolt”) inserted through an eyelet (about where 10, 14 is pointing in Fig. 1).
Regarding claim 7, the claimed limitation is obviously met by the combination discussed above regarding claim 1; wherein, Bergenwall teaches the base comprises a plurality of slots (16) to facilitate mounting of the base to the toilet.
Regarding claim 8, the claimed limitation is fully met by the apparatus of Krupski’s claim 13.
Regarding claim 9, the claimed limitation is fully met by the apparatus of Krupski’s claim 7.
Regarding claim 10, the claimed limitation is fully met by the apparatus of Krupski’s claim 9.
Regarding claim 11, the claimed limitation is fully met by the apparatus of Krupski’s claim 10.
Regarding claims 12 and 16-17, the limitations as claimed are broader and contain the exact essential elements of that of claim 8 of Krupski except for the limitation of the at least one extender extending downwardly from the base and that the extender connects the spring to the base.
Bergenwall teaches a connection between a base (2) and a spring (12) comprising at least one extender (see Fig. 2: about where member 13 connected) extending downwardly from the base and that the extender connects the spring to the base.
Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the claimed invention to have replaced the connection of the base and spring of Krupski with the connection having at least one extender extending downwardly from the base and that the extender connects the spring to the base as taught by Bergenwall, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 13, the claimed limitation is obviously met by the combination discussed above regarding claim 12.
Regarding claim 14, the claimed limitation is obviously met by the combination discussed above and claim 12 of Krupski.
Regarding claim 18, the claimed limitation is obviously met by the combination discussed above regarding claim 12.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6,035,462 (Bennett) teaches an analogous apparatus that is applicable to the instant invention in a similar fashion as the above Hiroshi reference.
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/TUAN N NGUYEN/Primary Examiner, Art Unit 3754
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