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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5)
because: they include the following reference character(s) not mentioned in the
description: 206 (see Figure 2D) and A, B, C, D (see figure 4);
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 §§ 706.02(l)(1) - 706.02(l)(3) 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 USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/process/file/efs/guidance/eTD-info-I.jsp.
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 8-20 of U.S. Patent No. 12,674,309. Although the claims at issue are not identical, they are not patentably distinct from each other because when an applicant has received a patent for a species or a more specific embodiment, he/she is not entitled to a patent for the generic or broader invention without maintaining common ownership and ensuring that the term of the latter issued patent will expire at the end of the original term of the earlier issued patent. A more specific claim “anticipates” the broader claim. In an obviousness-type double patenting analysis where the claim being examined is merely broader than the claim patented before. The patented claim “anticipates” the application claim. Thus, the two claims are not patentably distinct. In some instances, the application claim merely adds an obvious feature absent from the patent claim. In this instance, the patented claim is analogous to a primary reference which has every element except that which has been added in the application claim; therefore, a teaching reference for the difference and supporting rationale as to why it would have been obvious to make the modification establishes why the two claims are not patentably distinct. Furthermore:
i. The subject matter of claim 1 is further disclosed by claim 15 of the ‘309 patent.
ii. The subject matter of claim 2 is further disclosed by claim 16 of the ‘309 patent.
iii. The subject matter of claim 3 is further disclosed by claim 17 of the ‘309 patent.
iv. The subject matter of claim 4 is further disclosed by claim 18 of the ‘309 patent.
v. The subject matter of claim 5 is further disclosed by claim 19 of the ‘309 patent.
vi. The subject matter of claim 6 is further disclosed by claim 20 of the ‘309 patent.
vii. The subject matter of claim 7 is further disclosed by claim 15 of the ‘309 patent.
viii. The subject matter of claim 8 is further disclosed by claim 16 of the ‘309 patent. However, the ‘309 patent is silent as to a plurality of nozzles. Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to modify the instant invention by adding additional nozzles devices for the purpose of increasing the availability of the outflow of water within the chassis via more water nozzles. The Applicant should note that duplicating the components of a prior art device is a design consideration within the skill of the art. Duplication of parts has been held patentably insignificant absent a showing of a new or unexpected result. See MPEP 2144.04(VI)(B).
ix. The subject matter of claim 9 is further disclosed by claim 8 of the ‘309 patent.
x. The subject matter of claim 10 is further disclosed by claim 9 of the ‘309 patent.
xi. The subject matter of claim 11 is further disclosed by claim 10 of the ‘309 patent.
xii. The subject matter of claim 12 is further disclosed by claim 11 of the ‘309 patent.
xiii. The subject matter of claim 13 is further disclosed by claim 12 of the ‘309 patent.
xiv. The subject matter of claim 14 is further disclosed by claim 13 of the ‘309 patent.
xv. The subject matter of claim 15 is further disclosed by claim 14 of the ‘309 patent.
xvi. The subject matter of claim 16 is further disclosed by claim 15 of the ‘309 patent.
xvii. The subject matter of claim 17 is further disclosed by claim 17 of the ‘309 patent.
xviii. The subject matter of claim 18 is further disclosed by claim 18 of the ‘309 patent.
xix. The subject matter of claim 19 is further disclosed by claim 19 of the ‘309 patent.
xx. The subject matter of claim 20 is further disclosed by claim 20 of the ‘309 patent.
Conclusion
The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant's disclosure.
More specifically, CN 205804536 U to Cheng is directed to the state of the art as a teaching of a bidet attachment 1 having a spray nozzle (see figure below), arms (proximate reference numeral 112), center groove 11, 111, 112, and lip 212.
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Any inquiry concerning this communication or earlier communications from the examiner should be directed to LORI BAKER whose telephone number is (571)272-4971. The examiner can normally be reached Monday thru Friday: 9 am - 6 pm CST. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached 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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/LORI L BAKER/Primary Examiner, Art Unit 3754
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