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 because:
In Figures 1, 4 and 5D, reference character 50 is directed to the open rim of the base 30 and to the toilet seat, as disclosed in the specification, i.e., viewing Figures 4 and 5D, the seat appears to be the element connected to the cover 70 via the bridge 43, however reference character 50 (denoting the seat) is not directed to this element; and
In Figure 8, it appears reference character 351 should be 356 (see paragraph 0065, lines 1-2). It is noted currently reference character 356 is not present in any of the drawings and reference character 351 is not present in the specification.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) 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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Specification
The disclosure is objected to because of the following informalities:
In paragraph 0018, on line 11, “life” should be “lift”;
In paragraph 0021, on line 2, “being” should be “bring”;
In paragraph 0048, on line 1, “7In” should be “In”.
In paragraph 0063, on line 1, “FIG. 9” should be “FIG. 8”;
In paragraph 0067, on line 1, “FIG.16” should be “FIG. 9”; and
There is no Figure 15 as indicated in paragraph 0067 (see line 1).
Appropriate correction is required.
Claim Objections
Claim 19 is objected to because of the following informalities:
In regard to claim 19, on line 2, it appears “input to data” should be “input data”. Appropriate correction is required.
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.
Claims 1, 7, 12-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 114468824 (as cited by the Applicant, hereinafter ‘824, translation attached).
In regard to claim 1, the ‘824 reference discloses a toilet comprising:
a base 7;
at least one arm 3;
a cover 2 rotatably coupled to the base via the at least one arm and spaced apart from the base via the at least one arm;
a bridge 4;
and a seat 2 rotatably coupled to the cover via the bridge and spaced apart from the cover via the bridge.
In regard to claim 7, the bridge 4 is coupled to the seat and the cover and configured to rotate with respect to the seat and rotate with respect to the cover.
In regard to claim 12, the seat and the cover are configured to be placed in a standing user raised position (see Figure 2), a seated user position (see Figure 3) and a closed position (see Figure 1).
In regard to claim 13, in the standing user raised position, the seat 2 is behind the cover 1 (see Figure 2).
In regard to claim 14, in the standing user raised position, a front of the cover 1 is closer to the base 7 than a rear of the cover (see Figure 2).
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.
Claims 2-4, 19 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over ‘824 in view of Ballard (U.S. Patent 6,226,804).
In regard to claim 2, although the ‘824 reference does not disclose the use of a motor for lifting and lowering the cover and the seat, attention is directed to the Ballard reference, which discloses another toilet seat and lid lifting mechanism wherein the mechanism is operated by a motor in order to enable a user to conveniently activate the device. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the ‘824 device can employ such a motor which would enable the cover and seat to raise and lower in order to enable a user to conveniently activate the device.
In regard to claim 3, the ‘824 device includes a pivot axis between the arm 3 and the cover 1 wherein the pivot axis would be moved above the base by the motor.
In regard to claim 4, the ‘824 reference discloses the entire cover is lifted above the base.
In regard to claims 19 and 20, the ‘824 reference discloses a method for positioning a toilet seat on a toilet bowl comprising:
rotating the toilet seat 2 and cover 1 (see Figure 2);
positioning the seat away from the cover with a pivoting bridge 4;
rotating the seat to the toilet bowl (see Figure 3);
positioning the seat with a cavity of the cover (see Figure 2); and
rotating the cover and seat to a closed position (see Figure 1).
Although the ‘824 reference does not disclose the step of receiving input data to trigger the positioning of the seat, as discussed above, the ‘824 device can obviously be operated via a motor wherein activating the motor defines receiving input data to trigger the positioning of the toilet seat.
Allowable Subject Matter
Claims 5, 6, 8-11, 15 and 16 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claims 17 and 18 are allowed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The Hall et al. reference is cited as being directed to the state of the art as a teaching of a toilet having motorized seat and cover mechanism.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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DJW
9/23/26
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754
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