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
Claim 11 is objected to because of the following informalities: Lines 7-10 read, “…configured to discharge the urine from the container and introduce detergent to clean the system. A container for the detergent including a chamber…”. The Examiner suggests this should read “…configured to discharge the urine from the container and introduce detergent to clean the system; a container for the detergent including a chamber…” Appropriate correction is required.
Claim 16 is objected to because of the following informalities: The last line of the claim reads, “removing the detergent from the fluid collection fluid collection system.” 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.
Claims 7, 16, and 19 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 7 recites the limitation "the drain tube" in lines 2 and 3 of the claim. There is insufficient antecedent basis for this limitation in the claim.
Claim 16 recites the limitation “A method for cleaning a fluid collection system, the method comprising: changing the configuration of a fluid collection system from a first configuration to a second configuration…” This limitation is unclear because “a fluid collection system” is recited twice, which could be interpreted as a recitation of two separate fluid collection systems. The limitation “the configuration” in line two of the claim does not have antecedent basis. Additionally, Claim 16 recites “changing the configuration of a fluid collection system from a first configuration to a second configuration…,” but the particulars of the first and second configuration are not described in the claim. In the interest of compact prosecution, the examiner is interpreting the first configuration as a stored cleaning tube, and the second configuration as a deployed cleaning tube.
Claim 19 recites “storing the cleaning tube and changing the configuration of the fluid collection system from the second configuration to the first configuration” but provides no specifics as to what the configurations are. In the interest of compact prosecution, the examiner is interpreting the first configuration as a stored cleaning tube, and the second configuration as a deployed cleaning tube.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20120233761 A1) in view of Oueslati (US 20210178390 A1).
Regarding Claim 1, Huang discloses a fluid collection system (Fig 1, combination of wheelchair 1,
automatic treater 2, and adaptive pants 3), comprising:
a fluid collection assembly configured to receive urine from a user (Fig 1, adaptive pants 3);
a container configured to store the urine collected from the fluid collection assembly (Fig 1, excrement collection device 21 stores urine collected from 3);
a collection tube (Fig 9, excretion duct 213) disposed between the fluid collection assembly and the container (Fig 1, 9 ¶[0037], 213 connects self adapting pants 3 to excrement container 210 of collection device 21);
a pump system (Fig 1, combination of negative pressure pump 22 and water pump included in hot water device 24) wherein the pump is configured to operate in a first mode to draw urine from the fluid collection assembly into the container (¶[0039] 22 applies negative pressure to draw the waste in the pants 3 into the excrement collecting device 219) and a second mode to drain the urine and introduce detergent to clean the fluid collection system (Fig 1 ¶[0042] hot water device 24 uses water pump along with flushing reversal valve to flush the excrement collecting device 21); and
a chamber in fluid communication with the container, the chamber configured to hold the detergent (Fig 1, ¶[0042-0043] large water tank of hot water device 24 contains hot water and a disinfectant and is in fluid communication with 21 via flushing reversal valve and connecting pipe).
Huang is silent whether the pump is a bidirectional pump.
However, Oueslati teaches a device for analyzing urine using pumps and containers, thus from a similar field of endeavor, wherein the pump is a bidirectional pump (Oueslati teaches that two unidirectional pumps can be substituted with a single bidirectional pump configured to displace air in two directions ¶[0098]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective
filing date of the claimed invention to simply substitute the two pump system of Huang with the single bidirectional pump taught by Oueslati because a bidirectional pump is well known in the art as an alternative to two unidirectional pumps as taught by Oueslati, (Oueslati ¶[0098]) and would achieve the predictable result of pumping air or fluid in two directions.
Regarding Claim 3, Huang/Oueslati discloses that the detergent includes a cleaning solution (Fig 1 ¶[0043] disinfectant present in hot water tank is considered a cleaning solution).
Regarding Claim 6, Huang/Oueslati discloses that the fluid collection system includes a control panel configured to select the mode of the pump (Fig 1, ¶[0046] control device 26 may control the pump system).
Regarding Claim 8, Huang/Oueslati discloses that the container (Fig 1, 21) and the pump (Fig 1, combination of negative pressure pump 22 and water pump included in hot water device 24) are positioned in a common housing (Fig 1, wheelchair 1 acts as a housing, supporting excrement container 21 and automatic treater 2, which includes the pumps 22 and hot water device 24).
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20120233761 A1) in view of Oueslati (US 20210178390 A1), further in view of Allen (US 3757355 A).
Huang/Oueslati is silent regarding a compartment for storage of the drain tube, wherein the compartment includes a retracting mechanism configured to retain the drain tube thereon, such that the drain tube is withdrawn to drain the container and retracts for storage.
However, Allen teaches a portable body waste collecting system, thus from the same field of endeavor, including a compartment (Fig 7, interior of cart 15) for storage of the drain tube (Fig 7, conduit 33 is stored within 15), wherein the compartment includes a retracting mechanism configured to retain the drain tube thereon, such that the drain tube is withdrawn to drain the container and retracts for storage (Fig 7, Col 4, ln 17-21 automatic retractable reel 45 winds conduit 33 thereon for storage) to accommodate and convolutely wind the conduit (Col 4, ln 17-21).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Huang/Oueslati to include a compartment for storage of the drain tube, wherein the compartment includes a retracting mechanism configured to retain the drain tube thereon, such that the drain tube is withdrawn to drain the container and retracts for storage, as taught by Allen to accommodate and convolutely wind the drain tube (as motivated by Allen Col 4, ln 17-21).
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20120233761 A1) in view of Oueslati (US 20210178390 A1), further in view of Lee (US 20220193312 A1).
Regarding Claim 9, Huang/Oueslati is silent whether the container includes a translucent viewing window.
However, Lee teaches an automatic urine treatment system, thus from the same field of
endeavor, wherein the container (Fig 1, urine tank 210) includes a transparent viewing window (side surface of urine tank 210 is formed of a transparent material, Fig 1 ¶|[0123]) to allow easy assessment of visual characteristics of the urine with the naked eye (¶[0123]).
Therefore, it would have been obvious to modify the system of Huang/Oueslati so that the container includes a translucent viewing window, as taught by Lee to allow easy assessment of visual characteristics of the urine with the naked eye (as motivated by Lee ¶[0123]).
Regarding Claim 10, Huang/Oueslati is silent whether the container includes a light.
However, Lee teaches that the container (Fig 1, urine tank 210) includes a light (Fig 1, light emitting unit 551) to sense the turbidity and color of the urine stored in the tank (¶[0128]).
Therefore, it would have been obvious to modify the system of Huang/Oueslati so that the container includes a light, as taught by Lee, to sense the turbidity and color of the urine stored in the tank (as motivated by Lee ¶[0128]).
Claims 2, 4, 5, and 11-19 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (US 20120233761 A1) in view of Oueslati (US 20210178390 A1), further in view of Cawood (US 20030032944 A1).
Regarding Claim 2, Huang/Oueslati is silent regarding a drain tube coupled to the container and configured to expel urine from the container.
However, Cawood teaches a urine collection system, thus from the same field of endeavor, including a drain tube (27, Fig 1-3) coupled to the container (Fig 1-3, 11) and configured to expel urine from the container (Fig 4 shows drain tube in fluid communication with toilet 33, thus draining urine from container 11) because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (¶[0005]).
Therefore, it would have been obvious to modify the system of Huang/Oueslati to include a drain tube coupled to the container and configured to expel urine from the container, as taught by Cawood, because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (as motivated by Cawood ¶[0005]).
Regarding Claim 4, Huang/Oueslati discloses that the container (Fig 1, 21) includes an inlet (Fig 3, excrement port 218) coupled to the collection tube (¶[0037] excrement port connects to excretion duct 213), an outlet coupled to the drain tube and a vacuum port (Fig 3, quick connector 219) coupled to the pump (Fig 3, ¶[0037] 219 is connected with the quick connector provided at the port of the negative pressure device 22).
Huang/Oueslati is silent whether an outlet is coupled to the drain tube.
However, Cawood teaches a urine collection system, thus from the same field of endeavor, including the container (Fig 1-3, 11) with an outlet (Fig 3, drain port 25) coupled to the drain tube (Fig 1.3, 27) because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (¶[0005]).
Therefore, it would have been obvious to modify the system of Huang/Oueslati so that the container includes an outlet coupled to the drain tube, as taught by Cawood, because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (as motivated by Cawood ¶[0005]).
Regarding Claim 5, Huang/Oueslati/Cawood discloses that the vacuum port (Fig 3, 219) is configured to couple to either a suction of the pump (219 is connected with the quick connector provided at the port of the negative pressure device 22, Fig 3 ¶[0037]), wherein the suction is configured to provide negative pressure to the container to draw urine from the fluid collection assembly into the container (negative pressure pump 22 applies negative pressure to draw the waste in the pants 3 into the excrement collecting device 21 ¶[0039]).
Regarding Claim 11, Huang discloses a system for collecting and disposing urine (Fig 1, combination of wheelchair 1, automatic treater 2, and adaptive pants 3), the system comprising:
a urine collection device configured to collect urine discharged from a user (Fig 1, adaptive pants 3);
a container fluidly coupled to the urine collection device, the container configured to store urine (Fig 1, excrement collection device 21 stores urine collected from 3), wherein the container includes a fluid inlet (Fig 3, excrement port 218), and a vacuum port (Fig 3, quick connector 219); and
a pump system including a first mode and a second mode (Fig 1, combination of negative pressure pump 22 and water pump included in hot water device 24), wherein the first mode is configured to draw urine from the urine collection device into the container (¶[0039] 22 applies negative pressure to draw the waste in the pants 3 into the excrement collecting device 219) and the second mode is configured to discharge the urine from the container and introduce detergent to clean the system (Fig 1 ¶[0042] hot water device 24 uses water pump along with flushing reversal valve to flush the excrement collecting device 21). a container for the detergent including a chamber in fluid communication with the container, the chamber configured to hold the detergent (Fig 1, ¶[0042-0043] large water tank of hot water device 24 contains hot water and a disinfectant and is in fluid communication with 21 via flushing reversal valve and connecting pipe).
Huang is silent regarding a bi-directional pump and whether the container includes a fluid outlet.
However, Oueslati teaches a device for analyzing urine using pumps and containers, thus from a similar field of endeavor, wherein the pump is a bidirectional pump (Oueslati teaches that two unidirectional pumps can be substituted with a single bidirectional pump configured to displace air in two directions ¶[0098]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the two pump system of Huang with the single bidirectional pump taught by Oueslati because a bidirectional pump is well known in the art as an alternative to two unidirectional pumps as taught by Oueslati, (Oueslati ¶[0098]) and would achieve the predictable result of pumping air or fluid in two directions.
Huang/Oueslati is silent regarding a fluid outlet.
However, Cawood teaches the container (11, Fig 1-3) with a fluid outlet (drain port 25, Fig 3) because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (10005]).
Therefore, it would have been obvious to modify the system of Huang/Oueslati so that the container (11, Fig 1-3) includes a fluid outlet (drain port 25, Fig 3), as taught by Cawood, because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (as motivated by Cawood ¶[0005]).
Regarding Claim 12, Huang/Oueslati/Cawood discloses wherein while in the first mode, the pump is configured to draw the urine through the fluid inlet from the urine collection device into the container (¶[0039] 22 applies negative pressure to draw the waste in the pants 3 into the excrement collecting device 219).
Regarding Claim 13, Huang/Oueslati/Cawood discloses wherein while in the second mode, the pump is configured to draw the detergent into the container (Fig 1 ¶[0042] hot water device 24 uses water pump along with flushing reversal valve to flush the excrement collecting device 21). In the combination of Huang/Oueslati/Cawood, when the pump is switched to the second mode, urine would be discharged from the container and would expel the urine through the fluid outlet taught by Cawood.
Regarding Claim 14, Huang/Oueslati/Cawood discloses wherein a controller is configured to start the pump and switch the pump between the first mode and the second mode (¶[0046] control device 26 may activate negative pressure or positive pressure of the pump system).
Regarding Claim 15, Huang/Oueslati is silent regarding a drain tube coupled to the fluid outlet and configured to be in fluid communication with a waste receptacle.
However, Cawood teaches a urine collection system, thus from the same field of endeavor, including a drain tube (27, Fig 1-3) coupled to the fluid outlet (drain port 25, Fig 3) and configured to be in fluid communication with a waste receptacle (Fig 4 shows drain tube in fluid communication with toilet 33) because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (¶[0005]).
Therefore, it would have been obvious to modify the system of Huang/Oueslati to include a drain tube coupled to the fluid outlet and configured to be in fluid communication with a waste receptacle, as taught by Cawood, because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (as motivated by Cawood ¶[0005]).
Regarding Claim 16, Huang discloses a method for cleaning a fluid collection system (Fig 1, [abstract][0047] combination of wheelchair 1, automatic treater 2, and adaptive pants 3), the method comprising: wherein the fluid collection system includes: a fluid collection assembly configured to receive urine from a user (Fig 1, adaptive pants 3); a container configured to store the urine collected from the fluid collection assembly (Fig 1, excrement collection device 21 stores urine collected from 3); a collection tube (Fig 9, excretion duct 213) disposed between the fluid collection assembly and the container (Fig 1, 9 ¶[0037], 213 connects self adapting pants 3 to excrement container 210 of collection device 21); and a pump system (Fig 1, combination of negative pressure pump 22 and water pump included in hot water device 24), wherein the pump is configured to operate in a first mode to draw urine from the fluid collection assembly into the container (¶[0039] 22 applies negative pressure to draw the waste in the pants 3 into the excrement collecting device 219) and a second mode to drain the urine and introduce a detergent to clean the fluid collection system (Fig 1 ¶[0042] hot water device 24 uses water pump along with flushing reversal valve to flush the excrement collecting device 21); placing the detergent into the container by placing the detergent into a chamber in fluid communication with the container, the chamber configured to hold the detergent (Fig 1, ¶[0042-0043] large water tank of hot water device 24 contains hot water and a disinfectant and is in fluid communication with 21 via flushing reversal valve and connecting pipe); initiating the pump to cycle the detergent throughout the fluid collection system (¶[0041]); and removing the detergent from the fluid collection fluid collection system (¶0047] container 21 may be removed after flushing, which would contain the disinfectant used to flush the system, said disinfectant being removed from the system as a result).
Huang is silent regarding changing the configuration of a fluid collection system from a first configuration to a second configuration; a cleaning tube configured to expel the urine from the container; and a bi-directional pump; initiating the pump to expel urine from the container through the cleaning tube.
However, Oueslati teaches a device for analyzing urine using pumps and containers, thus from a similar field of endeavor, wherein the pump is a bidirectional pump (Oueslati teaches that two unidirectional pumps can be substituted with a single bidirectional pump configured to displace air in two directions ¶[0098]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to simply substitute the two pump system of Huang with the single bidirectional pump taught by Oueslati because a bidirectional pump is well known in the art as an alternative to two unidirectional pumps as taught by Oueslati, (Oueslati ¶[0098]) and would achieve the predictable result of pumping air or fluid in two directions.
Huang/Oueslati is silent regarding changing the configuration of a fluid collection system from a first configuration to a second configuration; a cleaning tube configured to expel the urine from the container; initiating the pump to expel urine from the container through the cleaning tube.
However, Cawood teaches a urine collection system, thus from the same field of endeavor, including changing the configuration of a fluid collection system from a first configuration to a second configuration (Fig 1 shows the first configuration wherein drain tube 27 is coiled and stored, and Fig 3 shows the second configuration wherein drain tube 27 is deployed); a cleaning tube (27, Fig 1-3) configured to expel the urine from the container (Fig 4 shows drain tube in fluid communication with toilet 33, thus draining urine from container 11) because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (¶[0005]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Huang/Oueslati to include changing the configuration of a fluid collection system from a first configuration to a second configuration; a cleaning tube configured to expel the urine from the container, as taught by Cawood because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (as motivated by Cawood ¶[0005]). In the combination of Huang/Oueslati/Cawood, when the pump is switched to the second mode, urine would be discharged from the container and would expel the urine through the fluid outlet taught by Cawood.
Regarding Claim 17, Huang/Oueslati/Cawood discloses that wherein placing a detergent into the container includes adding sanitizer to the container (¶[0043] disinfectant is considered a sanitizer and is flushed into the container during cleaning).
Regarding Claim 18, Huang/Oueslati/Cawood discloses that the detergent is a liquid detergent (¶[0043][0049] the disinfectant is a liquid).
Regarding Claim 19, Huang/Oueslati is silent regarding storing the cleaning tube and changing the configuration of the fluid collection system from the second configuration to the first configuration.
However, Cawood teaches a urine collection system, thus from the same field of endeavor, including storing the cleaning tube and changing the configuration of the fluid collection system from the second configuration to the first configuration (Fig 1 shows the first configuration wherein drain tube 27 is coiled and stored, and Fig 3 shows the second configuration wherein drain tube 27 is deployed) because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (¶[0005]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Huang/Oueslati to include storing the cleaning tube and changing the configuration of the fluid collection system from the second configuration to the first configuration, as taught by Cawood because wheelchair-bound and otherwise disabled or paralyzed patients may prefer the convenience of having an extension tube connected to their collection bag (as motivated by Cawood ¶[0005]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY LEE FLYNN whose telephone number is (571)272-8255. The examiner can normally be reached Monday-Friday 7:30-5 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Rebecca Eisenberg can be reached at 571-270-5879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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TIMOTHY LEE. FLYNN
Examiner
Art Unit 3781
/REBECCA E EISENBERG/Supervisory Patent Examiner, Art Unit 3781
