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 1-20 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 1 recites the limitation "one or more protrusions positioned between the first toilet tank cavity from the first toilet lid cavity" in the thirteenth line of the claim. There is insufficient antecedent basis for this limitation in the claim. A first toilet lid cavity was not previously recited prior to this limitation. For examination purposes, it will be assumed the limitation should be “one or more protrusions positioned between the first toilet tank cavity from the first toilet tank lid cavity". Claims 2-18 are rejected due to their dependence on claim 1.
Claims 1, 19 and 20 recite the limitation “a second toilet lid cavity”. However a first toilet lid cavity has not been positively claimed prior to this limitation.
Claim 6 recites “the first toilet tank lid cavity comprises one or more cushioning bumps that protrude upward from a bottom surface of the toilet lid cavity”. For examination purposes, it will be assumed the limitation should be “the first toilet tank lid cavity comprises one or more cushioning bumps that protrude upward from a bottom surface of the toilet tank lid cavity ". Claim 7 is rejected for its dependency on claim 6.
Claim 8 recites “the one or more protrusions positioned between the first toilet tank cavity from the first toilet lid cavity comprise at least three protrusions”. For examination purposes, it will be assumed the limitation should be “the one or more protrusions positioned between the first toilet tank cavity from the first toilet tank lid cavity comprise at least three protrusions ".
Claim 20 recites the limitation "one or more protrusions positioned between the first toilet tank cavity from the first toilet lid cavity" in the tenth line of the claim. There is insufficient antecedent basis for this limitation in the claim. A first toilet lid cavity was not previously recited prior to this limitation. For examination purposes, it will be assumed the limitation should be “one or more protrusions positioned between the first toilet tank cavity from the first toilet tank lid cavity".
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.
Claim(s) 1-3, 8-11 and 17-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanus US 2017/0334598 A1.
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With regards to claim 1, Tanus (Figs. 9-16) discloses a molded fiber packaging system for a toilet 800, the system comprising: a first molded fiber tray (808; para. 0041) comprising: a toilet bowl cavity rounded in shape (shown above and in Fig. 12) and molded to receive a top portion of a toilet bowl, a first outer edge comprising an overhang (shown above and in Fig. 12) that is configured to extend over a nose of the toilet bowl along an outer surface of the toilet bowl toward a base of the toilet bowl, a first toilet tank cavity 828b (para. 0035) rectangular in shape and molded to fit a back portion of a toilet tank, a first toilet tank lid cavity 828c (para. 0035) rectangular in shape and molded to fit a back edge of a toilet tank lid, and one or more protrusions 864 positioned between the first toilet tank cavity from the first toilet lid cavity; and a second molded fiber tray (804; para. 0041) comprising: a second toilet tank cavity 828c rectangular in shape and molded to fit a front portion of the toilet tank, and a second toilet lid cavity rectangular in shape and molded to fit a front edge of the toilet tank lid (end of para. 0035; same as tray 808)
With regards to claim 2, Tanus (Figs. 9-16) discloses the toilet bowl cavity (shown above) is formed in a first surface 821 of the first molded fiber tray 808 and the first toilet tank cavity 828b and the first toilet tank lid cavity 828c are formed in a second surface 817 of the first molded fiber tray that is opposite to the first surface. (Para. 0037)
Tanus recites apertures 861a-e, passes through and may extend from the outer surface of the packaging member 808 to the inner surface to the cavities 828a-e, therefore, the first toilet tank cavity 828b and the first toilet tank lid cavity 828c are formed in a second surface 817 of the first molded fiber tray that is opposite to the first surface.
With regards to claim 3, Tanus (Figs. 9-16) discloses the first surface 821 of the first molded fiber tray comprises one or more ribs disposed between the toilet bowl cavity (shown above) and a second outer edge that is opposite the first outer edge.
With regards to claim 8, Tanus (Figs. 9-16) discloses one or more protrusions 864 positioned between the first toilet tank cavity 828b from the first toilet lid cavity 828c comprise at least three protrusions 864.
With regards to claim 9, Tanus (Figs. 9-16) discloses the second molded fiber tray 804 comprises one or more protrusions 864 positioned between the second toilet tank cavity 828b from the second toilet tank lid cavity 828c.
With regards to claim 10, Tanus (Figs. 9-16) discloses the one or more protrusions 864 positioned between the second toilet tank cavity 828b from the second toilet tank lid cavity 828c comprise at least three protrusions 864.
With regards to claim 11, Tanus (Figs. 9-16) discloses the second toilet tank cavity 828b comprises at least one flush lever cavity (at 860b)
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With regards to claim 17, Tanus (Figs. 9-16) discloses the first molded fiber tray 808 comprises one or more strap channels (shown above) configured to receive one or more straps for securing the first molded fiber tray to the second molded fiber tray. (Fig. 14)
With regards to claim 18, Tanus (Figs. 9-16) discloses the one or more strap channels (shown above) comprise two strap channels. (Fig. 14)
With regards to claim 19, Tanus (Figs. 9-16) discloses a molded fiber packaging system 800 for a toilet, the system comprising: a first molded fiber tray (808; para. 0041) comprising: a toilet bowl cavity rounded in shape (shown above) and molded to fit a top portion of a toilet bowl, a first outer edge comprising an overhang (shown above) that is configured to extend over a nose of the toilet bowl along an outer surface of the toilet bowl toward a base of the toilet bowl, a first toilet tank cavity 828b rectangular in shape and molded to fit a back portion of a toilet tank, a first toilet tank lid cavity 828c rectangular in shape and molded to fit a back edge of a toilet tank lid; and a second molded fiber tray (804; para. 0041) comprising: a second toilet tank cavity 828b rectangular in shape and molded to fit a front portion of the toilet tank, and a second toilet lid cavity 828c rectangular in shape and molded to fit a front edge of the toilet tank lid.
With regards to claim 20, Tanus (Figs. 9-16) discloses a molded fiber packaging system 800 for a toilet, the system comprising: a first molded fiber tray (808; para. 0041) comprising: a toilet bowl cavity rounded in shape (shown above) and molded to fit a top portion of a toilet bowl, a first toilet tank cavity 828b rectangular in shape and molded to fit a back portion of a toilet tank, a first toilet tank lid cavity 828c rectangular in shape and molded to fit a back edge of a toilet tank lid, and one or more protrusions 864 positioned between the first toilet tank cavity from the first toilet lid cavity; and a second molded fiber tray (804; para. 0041) comprising: a second toilet tank cavity 828b rectangular in shape and molded to fit a front portion of the toilet tank, and a second toilet lid cavity 828c rectangular in shape and molded to fit a front edge of the toilet tank lid.
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.
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.
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanus US 2017/0334598 A1 in view of Graff, Jr. et al US 5,244,094.
With regards to claim 4, Tanus (Figs. 9-16) discloses the claimed invention as stated above but it does not specifically disclose the first toilet tank cavity comprises one or more cushioning bumps that protrude upward from a bottom surface of the toilet tank cavity.
However, Graff, Jr. (Fig. 1) teaches that it was known in the art to have a molded fiber packaging system have a tray 10 with a cavity 18 comprise of one or more cushioning bumps 22 that protrude upward from a bottom surface 12 of the cavity. (Col 2:40-62)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the cavity in Tanus by providing one or more cushioning bumps as taught by Graff, Jr. for the purposes of protecting the articles inside the cavity from damage.
With regards to claim 5, Graff, Jr. (Fig. 1) further teaches the one or more cushioning bumps 22 comprise at least five cushioning bumps 22.
With regards to claim 6, the combination of Tanus in view of Graff, Jr. (Fig. 1), as set forth in the obviousness rejection of claim 4 above, which is applied herein to claim 6, discloses the first toilet tank lid cavity (Tanus; 828c) comprises one or more cushioning bumps (22; Graff, Jr. ) that protrude upward from a bottom surface of the toilet tank lid cavity.
With regards to claim 7, Graff, Jr. (Fig. 1) further teaches the one or more cushioning bumps 22 comprises at least three cushioning bumps 22. (Fig. 1)
Claim(s) 12-13 and 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanus US 2017/0334598 A1.
With regards to claim 12, Tanus (Figs. 9-16) discloses the claimed invention as stated above but it does not specifically disclose the at least one flush lever cavity is configured to surround but not come into contact with a flush lever on the front surface of the toilet tank when the toilet tank is positioned within the second toilet tank cavity.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have the at least one flush lever cavity is configured to surround but not come into contact with a flush lever on the front surface of the toilet tank when the toilet tank is positioned within the second toilet tank cavity, since it has been held that rearranging parts of an invention involves only routine skill in the art. MPEP 2144.04 (VI-C)
With regards to claim 13, Tanus (Figs. 9-16) discloses the claimed invention (second toilet tank cavity) as stated above but it does not specifically disclose the second toilet tank cavity comprises two flush lever cavities.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to the second toilet tank cavity comprise two flush lever cavities, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. MPEP 2144.04 (VI-B)
With regards to claim 15, Tanus (Figs. 9-16) discloses the claimed invention (overhang extends over the nose of the toilet bowl) as stated above but it does not specifically disclose the overhang extends over the nose of the toilet bowl by at least 5 mm.
It has been held that, where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than a prior art device, the claimed device is not patentably distinct from the prior art device. MPEP 2144.04 (IV-A)
With regards to claim 16, Tanus (Figs. 9-16) discloses the claimed invention (overhang extends over the nose of the toilet bowl) as stated above but it does not specifically disclose the overhang is at least 3 mm thick at its thickest point.
It has been held that, where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than a prior art device, the claimed device is not patentably distinct from the prior art device. MPEP 2144.04 (IV-A)
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanus US 2017/0334598 A1 in view of Curtis et al. US 2015/0014208 A1.
With regards to claim 14, Tanus (Figs. 9-16) discloses the claimed invention as stated above but it does not specifically disclose the first molded fiber tray comprises a hardware cavity configured to contain one or more boxes of toilet hardware.
However, Curtis teaches that it was known in the art to have a packaging system for toilet components that includes a tray 146 comprising a hardware cavity configured to contain one or more boxes 150 of toilet hardware. (FIGS. 11, 12 and 23A-23C and Para. 0083)
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have modified the tray in Tanus by providing a hardware cavity configured to contain one or more boxes of toilet hardware as taught by Curtis for the purposes of providing all of the necessary articles together needed for the installation of the commode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENINE SPICER whose telephone number is (313)446-4924. The examiner can normally be reached 9:00am-5:00pm, Monday-Thursday.
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/JENINE SPICER/Examiner, Art Unit 3736
/ORLANDO E AVILES/Supervisory Patent Examiner, Art Unit 3736
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