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 § 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 16-20 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 16 recites the limitation "said shield wall" in line 4. There is insufficient antecedent basis for this limitation in the claim. Claims 17-20 will inherit this same issue since they depend from the rejected claim.
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.
Claim(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US Patent Application Publication 2013/0212793 (hereinafter Hand) in view of US Patent Application Publication 2021/0085135 (hereinafter Healy).
Regarding claim 1, Hand discloses a toilet training seat assembly (100) for use with a toilet, comprising: a lid (115), an adult toilet seat (105) having a top surface (generally at leader line 145 in fig. 1), a bottom surface (opposite the top surface), and a hole (150), a toilet training seat (110) having an upper surface (generally at leader line 160 in fig. 1) and front end (adjacent magnet 180), a splash guard (182), a hinge (120, 125) connecting said lid, adult toilet seat, and toilet training seat to one another.
Hand fails to explicitly show a raised splash guard and a shield wall, wherein said splash guard forms a hump on said upper surface of said toilet training seat, and wherein said shield wall extends downward around said front end of said toilet training seat. Attention is turned to Healy in the same field of endeavor of auxiliary child toilet seats attached to adult toilet seats and lids which shows including a splash guard (50) that forms a hump on said upper surface of the toilet training seat, and a shield wall (portion of splash guard visible in fig. 10 that extends downward around the front end of the toilet training seat) for preventing urine from spraying up and/or out of the toilet bowl during seated urination. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the toilet training seat of Hand to include a splash guard and shield wall such as that taught by Healy to prevent urine from spraying and splashing out of the bowl when a user is seated.
Regarding claim 2, Hand shows further comprising a lid magnet (205) at said lid, and a splash guard magnet (180) at said splash guard (182) (par. 13), wherein when said lid magnet is paired with said splash guard magnet and said lid is rotated between an open position and a closed position, said toilet training seat and splash guard rotate together with and attached to said lid (par. 13).
Regarding claim 3, Hand in view of Healy shows said shield wall and said splash guard together direct the flow of urine into said toilet (note fig. 10 of Healy – the device is capable of and intended to perform the recited function since “urine guard” is the name of the device).
Regarding claim 4. Hand shows said toilet training seat (110) further comprising a knuckle (170, 175) extending rearward of said toilet training seat and adapted to snap engage to said hinge (120, 125) (fig. 3, 4).
Regarding claim 5, Hand shows said knuckle (170, 175) and said hinge (120, 125) adapted to mate and align with one another via a protrusion (135) and matching impression (190) (fig. 4).
Regarding claim 6, Hand shows said knuckle (170, 175) and said hinge (120, 125) being adapted to impede lateral movement of said toilet training seat when engaged to said hinge (fig. 4 shows how the knuckle and hinge are configured to prevent lateral movement along the axis of rotation 130).
Regarding claim 7, Hand shows further comprising a pair of lid cylinders (fig. 2; par. 15) and a pair of domed pads (215) located on said lid, wherein said pair of lid cylinders house said pair of domed pads (element 215 is a bumper pad that has a cylindrical body that acts as a spacer).
Regarding claim 8, Hand shows further comprising a plurality of bumpers (155) located on said bottom surface (fig. 5), said bumpers (155) adapted to provide grip between said adult toilet seat and said toilet and to reduce noise when said adult toilet seat contacts said toilet (par. 12).
Regarding claim 9, Hand shows said toilet training seat further comprising a knuckle (170, 175) extending rearward of said toilet training seat (110) and adapted be removably engaged from said hinge (120, 125) (fig. 3, 4).
Regarding claim 10, Hand shows wherein said toilet training seat (110) sinks toward said hole (150) of said adult toilet seat (105) (the toilet training seat nests with the adult toilet seat and is therefore considered to ‘sink’ towards the hole of the adult toilet seat; see fig. 1).
Regarding claim 11, Hand discloses a combined seating unit (100) for toilet training, comprising: a lid (115); an adult toilet seat (105); a potty seat (110) having a splash guard (182); and a hinge (120, 125) rotatably connecting said lid (115), said adult toilet seat (105)and said potty seat (110) to one another; Hand fails to explicitly show wherein said splash guard is raised and forms a hump on potty seat.
Attention is turned to Healy in the same field of endeavor of auxiliary child toilet seats attached to adult toilet seats and lids which shows including a splash guard (50) that forms a hump on said upper surface of the toilet training seat, and a shield wall (portion of splash guard visible in fig. 10 that extends downward around the front end of the toilet training seat) for preventing urine from spraying up and/or out of the toilet bowl during seated urination. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to configure the splash guard to be raised and form a hump on the potty seat such as that taught by Healy to prevent urine from spraying and splashing out of the bowl when a user is seated.
Regarding claim 12, Hand as modified by Healy shows said potty seat further comprising a front end barrier (Healy shows a front end barrier extending downwardly from the urine splash guard (see fig. 10), said front end barrier extending vertically downward from said potty seat (Healy, fig. 10).
Regarding 13, Hand shows further comprising a potty seat magnet (180) located at said splash guard (182) and a lid magnet (205) located at said lid, wherein said potty seat magnet and said lid magnet are adapted to pair to one another when said lid and said potty seat are rotated in close proximity to magnetically engage (par. 13).
Regarding claim 14, Hand shows wherein when said lid magnet (205) is paired with said potty magnet (180) and said lid is rotated between an open position and a closed position, said potty seat rotates together with and is attached to said lid (fig. 2, par. 13).
Regarding claim 15, Hand shows wherein said lid has a front end (210) that rises upward to accommodate said splash guard when said combined seating unit is in a closed position (fig. 2).
Regarding claim 16, Hand discloses a toilet training seat assembly (100) for use with a toilet, comprising: a cover (115); an adult toilet seat (105); a toilet training seat (110) having an integrated splash guard; a hinge (120, 125) rotatably connecting said lid, adult toilet seat and toilet training seat. Hand fails to explicitly show a barrier wall and the integrated splash guard is raised, curved, and forms a hump on said upper surface of said toilet training seat; and wherein said shield wall extends downward around said front end of said toilet training seat.
Attention is turned to Healy in the same field of endeavor of auxiliary child toilet seats attached to adult toilet seats and lids which shows including a splash guard (50) that forms a hump on said upper surface of the toilet training seat, and a shield wall (portion of splash guard visible in fig. 10 that extends downward around the front end of the toilet training seat) for preventing urine from spraying up and/or out of the toilet bowl during seated urination. It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a barrier/shield wall that extends downward around the front end of the toilet training seat and furthermore to configure the splash guard to be raised and form a hump on the potty seat such as that taught by Healy to prevent urine from spraying and splashing out of the bowl when a user is seated.
Regarding claim 17, Hand shows wherein said hinge is a soft close hinge (par. 11 “slow-close style hinges”).
Regarding claim 18, Hand shows wherein said cover has a front end (210) that rises upward to accommodate said splash guard when said cover, adult toilet seat and said adult training seat are in a closed position (fig. 2).
Regarding claim 19, Hand shows further comprising a first magnet (205) located at said cover and a second magnet (180) located at said splash guard (182), wherein when said first magnet is paired with said second magnet and said cover is rotated between an open position and a closed position, said potty seat rotates together with and is attached to said cover (par. 13).
Regarding claim 20, Hand shows said toilet training seat further comprising a knuckle (170, 175) extending rearward of said toilet training seat and adapted to snap engage to said hinge (120, 125); wherein said knuckle and said hinge are adapted to mate and align with one another via a protrusion (135) and matching impression (190); and further wherein said knuckle and said hinge are adapted to impede lateral movement of said toilet training seat when engaged to said hinge (fig. 4 shows how the knuckle and hinge are configured to prevent lateral movement along the axis of rotation 130).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. WO 2005065514 A1 is directed to the state of the art of toilet training seat assemblies.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at (571) 270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754
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