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 .
Specification
The disclosure is objected to because of the following informalities: in para 0061, line 1, “clam” should read –clamp--.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: the phrase: "to be" is unclear. The inclusion of such subjective expressions introduces ambiguity by suggesting that the claimed element(s) to which they relate, are optional. The claim(s) must be in one sentence form only. Note the format of the claims in the patent(s) cited. Appropriate correction is required.
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 § 2146 et seq. 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 filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual 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/apply/applying-online/eterminal-disclaimer.
Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 6 of U.S. Patent No. 11,779,170 in view of US Pub 2007/0294811 A1 to Todokoro. 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. In some instances, the application claim merely adds an obvious feature absent from the patent claim. The subject matter of claim 1 is further disclosed by claims 1, 4 and 6 of the ‘170 patent. The ‘170 patent discloses the moveable arm having a terminal end and a handle at the terminal end. Patent ‘170 does not disclose the specific arrangement of the movable platform of the handle being gripped to the toilet seat. Applicants’ arrangement of a moveable platform part on the handle is merely an expected design choice since the specification suggests similar brackets or a clamp [0057-0061] are equivalent substitutions. Todokoro teaches a securing mechanism 48 ([0037-0049]; figs. 1-2, 5, 8-9) that secures a toilet adapter seat to a toilet seat or bowl. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the handle and platform arrangement of the application claim with the securing mechanism as taught by Todokoro, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. See MPEP 2144.06.
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Claim 1 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. 11,219,342 in view of US Pub 2007/0294811 A1 to Todokoro. 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. The subject matter of claim 1 is further disclosed by claim 1 of the ‘342 patent. The ‘342 patent discloses the moveable arm having a terminal end and a handle at the terminal end where the terminal end grips the toilet seat. Patent ‘342 does not disclose the specific arrangement of the movable platform of the handle being gripped to the toilet seat. Applicants’ arrangement of a moveable platform part on the handle is merely an expected design choice since the specification suggests similar brackets or a clamp [0057-0061] are equivalent substitutions. Todokoro teaches a securing mechanism 48 ([0037-0049]; figs. 1-2, 5, 8-9) that secures a toilet adapter seat to a toilet seat or bowl. Accordingly, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the handle and platform arrangement of the application claim with the securing mechanism as taught by Todokoro, wherein doing so would merely be substituting equivalents known for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. See MPEP 2144.06.
Conclusion
The prior art made of record (see USPTO Form 892) and not relied upon is considered pertinent to applicant's disclosure.
More specifically, US 20200029756 A1 to Hall et al is directed to the state of the art as a teaching of toilet seat adapter 114 with light transmitters 110,111.
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It is noted such a significant feature of the defined invention is present in the Applicant's device (146; Specification paragraphs 0062-0066) but has not been claimed.
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 through 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.
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/LORI L BAKER/Primary Examiner, Art Unit 3754
