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 § 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 - 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang et al. (CN 113718914 hereinafter Huang).
Regarding claim 1, Huang discloses an adaptable toilet (fig. 2) for use within a lavatory of an internal cabin of a vehicle (the device is fully capable of this function), the adaptable toilet comprising: a urinal module (20, 40) configured to be fixed to one or both of a wall or a floor within the lavatory (fig. 5)(see machine translation, p. 5, first and third paras.); and a toilet module (10) pivotally coupled to the urinal module (via 102, see rotational positions L1, L2, L3), wherein the toilet module is configured to be upwardly pivoted into a stowed position (L2), and wherein the toilet module is configured to be downwardly pivoted from the stowed position into a deployed position in which the toilet module is supported over the urinal module (L1, fig. 1).
Regarding claim 2, Huang shows that the urinal module (20, 40) is configured to be fixed to both the wall and the floor (see machine translation, p. 5, first and third paras.).
Regarding claim 3, Huang shows that the toilet module is supported over the urinal module while in the deployed position (fig. 1).
Regarding claim 4, Huang shows that the urinal module remains in a constant, fixed position when the toilet module is in the stowed position and the deployed position. See the figures and note that no portions of either 40 or 20 move during the rotation of the toilet module.
Regarding claim 5, Huang shows that the toilet module pivotally couples to the urinal module at a pivot coupling (102, 1021, 1023, 1022)(fig. 3).
Regarding claim 6, Huang shows that the urinal module comprises a base (20) fixed to one or moth of the floor or the wall (see machine translation, p. 5, first and third paras.) and the base defines a receiving basin (see basin of 20, fig. 1) which is in fluid communication with a waste drain (201).
Regarding claim 7, wherein the urinal module further comprises an upper shroud (40) extending upwardly from the base, wherein the upper shroud defines a receiving channel (401, 402) which is in fluid communication with the receiving basin (see fig. 5, note there is a fluid connection between 401, 402, and 201 with the basin of 20).
Regarding claim 8, Huang shows that the upper shroud is configured to connect with a portion of the wall (See machine translation, p. 5, first and third paras).
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) 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Huang, as applied to claims 1 and 7, in view of Bunker (US 1,395,479).
Regarding claim 9, Huang shows all of the instant invention as discussed above, and further shows that the toilet module comprises a seat (machine translation, p. 8, second para, note: cushion) coupled to a bowl with an internal chamber (bowl of 10), and further shows fluid connection between the internal chamber and receiving basin (via connection of 102, 402, and 201 to basin of 20), but does not specify that the connection remains while the module is in the deployed position. Attention is turned to Bunker which teaches a similar combined toilet and fluid handling accessory (fig. 1) which has a bowl (22) with an internal cavity that is in fluid communication (via 24) with a receiving basin (of 11) when in a deployed position. It would have been obvious to have provided unobstructed flow of the toilet module when in the deployed position in order to prevent the overflow of waste.
Regarding claim 10, Huang shows that the seat rests against one or more portions of the upper shroud when the toilet module is stowed. See fig. 2, toilet module 10 is nested over and around cleaning element 50 when in the stowed position, and thus the seat portion rests against at least part of 50 and surrounding support structure. See also machine translation, p. 8, final paragraph.
Claim(s) 11 - 17 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Kristoffersen (US 4,012,797).
Regarding claim 11, Huang discloses an adaptable toilet (fig. 2) for use within a lavatory of an internal cabin of a vehicle (the device is fully capable of this function), the adaptable toilet comprising: a urinal module (20, 40) configured to be fixed to one or both of a wall or a floor within the lavatory (fig. 5)(see machine translation, p. 5, first and third paras.); and a toilet module (10) pivotally coupled to the urinal module (via 102, see rotational positions L1, L2, L3), wherein the toilet module is configured to be upwardly pivoted into a stowed position (L2), and wherein the toilet module is configured to be downwardly pivoted from the stowed position into a deployed position in which the toilet module is supported over the urinal module (L1, fig. 1).
Huang however does not show a vehicle with an internal cabin and a lavatory within the internal cabin. Attention is turned to Kristoffersen which teaches a similar adaptable toilet/lavatory (fig. 1) located in an internal cabin of a vehicle (col. 1, ln. 49- col. 2, ln. 6). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided an airplane with the toilet of Huang to provided a different means of accommodating cross-cultural hygienic practices for travelers.
Regarding claim 12, Huang shows that the urinal module (20, 40) is configured to be fixed to both the wall and the floor (see machine translation, p. 5, first and third paras.).
Regarding claim 13, Huang shows that the toilet module is supported over the urinal module while in the deployed position (fig. 1).
Regarding claim 14, Huang shows that the urinal module remains in a constant, fixed position when the toilet module is in the stowed position and the deployed position. See the figures and note that no portions of either 40 or 20 move during the rotation of the toilet module.
Regarding claim 15, Huang shows that the toilet module pivotally couples to the urinal module at a pivot coupling (1021, 1023, 1022)(fig. 3).
Regarding claim 16, Huang shows that the urinal module comprises a base (20) fixed to one or moth of the floor or the wall (see machine translation, p. 5, first and third paras.) and the base defines a receiving basin (see basin of 20, fig. 1) which is in fluid communication with a waste drain (201).
Regarding claim 17, wherein the urinal module further comprises an upper shroud (40) extending upwardly from the base, wherein the upper shroud defines a receiving channel (401, 402) which is in fluid communication with the receiving basin (see fig. 5, note there is a fluid connection between 401, 402, and 201 with the basin of 20), and where the upper shroud connects with a portion of the wall (See machine translation, p. 5, first and third paras).
Regarding claim 20, the method as recited including the steps of upwardly pivoting the toilet module from a deployed position in which the toilet module is supported over the urinal module into a stowed position; and downwardly pivoting the toilet module from the stowed position into the deployed position is performed during the normal use of the device of Huang as modified.
Claim(s) 18 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Huang and Kristofferson, as applied to claims 11 and 17, in view of Bunker (US 1,395,479).
Regarding claim 18, Huang as modified shows all of the instant invention as discussed above, and further shows that the toilet module comprises a seat (machine translation, p. 8, second para, note: cushion) coupled to a bowl with an internal chamber (bowl of 10), and further shows fluid connection between the internal chamber and receiving basin (via connection of 102, 402, and 201 to basin of 20), but does not specify that the connection remains while the module is in the deployed position. Attention is turned to Bunker which teaches a similar combined toilet and fluid handling accessory (fig. 1) which has a bowl (22) with an internal cavity that is in fluid communication (via 24) with a receiving basin (of 11) when in a deployed position. It would have been obvious to have provided unobstructed or valved flow of the toilet module when in the deployed position in order to prevent the overflow of waste.
Regarding claim 19, Huang as modified shows that the seat rests against one or more portions of the upper shroud when the toilet module is stowed. See fig. 2, toilet module 10 is nested over and around cleaning element 50 when in the stowed position, and thus the seat portion rests against at least part of 50 and surrounding support structure. See also machine translation, p. 8, final paragraph.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Tosca (US 3,887,947) and CN 110236439 show pivoting and stowable toilet combinations of interest to the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
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/ERIN DEERY/Primary Examiner, Art Unit 3754
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