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 § 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.
Claim(s) 1, 2, 4-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sowards (US Patent 3,649,972) in view of Quick (US Patent Publication 20150107009).
Regarding Claim 1, Sowards shows a toilet (12) deodorizing apparatus for a toilet having a mounting hole (near 19) and a toilet flange (30) connecting to a sewage passage (22), the toilet deodorizing apparatus comprising:
a main housing (see annotated figure below) having an air inlet (see annotated figure below) and an air outlet (see annotated figure below);
an air suction assembly comprising an air intake port (44) and an air suction tube (40,36). The air intake port being supported on the said toilet (top surface of the toilet; Fig. 1 & 3), and communicating with said air inlet of said main housing (through tube 40 & 46; Fig.2); a suction fan (32) mounted in said main housing (column 2 lines 15-20; Fig.1); a control circuitry (74) and a power source mounted in the main housing and electrically connected to the suction fan for controlling an operation therefo (Fig. 7, column 2 lines 40-55) ; and and an air discharge assembly defining an air discharge passage (28,30) extending from said air outlet to a sewage passage (22) (Fig.1),
said air discharge assembly comprising an air discharge tube (28) and an air guiding member (30) (Fig.1) mounted on said toilet flange, said air discharge tube (28) extending from said air outlet of said main housing to said air guiding member (30, 26; Fig.1), and defining a first passage channel (see annotated figure below) in said air discharge tube for allowing air to pass through (column 1 lines 50-60),
said air guiding member (30,26) further defining a third passage channel (see annotated figure below) configured as a through slot (24) formed in said air guiding member (column1 lines 50-52), said third passage channel extending from a side surface to another side surface of said air guiding member which eventually communicates with said sewage passage (22) (Fig.1) throught said toilet flange, air from said first passage channel is capable of passing through said third passage channel and eventually being discharged to said sewage passage (column 1 lines 46-60), such that when said suction fan is actuated, air is sucked from upper rim portion (48) of said toilet to said sewage passage through said air discharge assembly so as to minimize odor spreading from said toilet (column 1 lines 10-15 & column 2 lines 15-20).
Sowards fails to show the air guiding member being configured as a ring-shaped structure fitting.
Quick teaches an odor extraction device for a toilet. The device includes an air guiding member (18, 10) being configured as a ring-shaped structure fitting (Fig.1). Said air discharge assembly further comprise a coupling member (18) connecting between said air discharge tube (48) and said air guiding member (10), said coupling member having a longitudinal portion (18c) which extends through and coupled to a mounting hole (36) of the lower connecting portion of said toilet, and further having a transverse portion (18b) transversely extended from said longitudinal portion (Fig.4), said coupling member having a hollow structure (Fig.4) and further defining a second passage channel (see annotated figure below) configured as a through passage extending through said longitudinal portion and said transverse portion within said coupling member (Fig.4), one end of said transverse portion being connected to the outside opening of said upper annular portion of said air guiding member (48; Fig. 6), such that said second passage channel extends
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Regarding Claim 2, Sowards shows the toilet deodorizing apparatus, as recited in claim 1, but fails to show the air guiding member is configured as a ring-shaped structure fitting. Quick teaches a ventilated toilet having and air guiding member (10) having an upper annular portion (12), wherein said air guiding member has at least one side opening (near 18d) formed on the outside of said upper annular portion (Fig.4) , and at least one opening (near 12b) formed at a bottom side of said air guiding member (Fig.4), said third passage channel (through the air guiding member) being configured as a radially through slot which extends radially from an outside surface (near 12b) of said upper annular portion to a bottom side surface of said air guiding member (Fig.4), said third passage channel extends with the opening of bottom side surface of said air guiding member to eventually communicate with said sewage passage (50) which allowing air to pass through said third passage channel and directly to be discharged to said sewage passage (Fig.4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an air guiding member being ring-shaped in order to allow for easy installation in the sewer pipe.
Regarding Claim 4, Sowards shows the toilet deodorizing apparatus, as recited in claim 2, but fails to show the air guiding member is configured as a ring-shaped structure fitting. Quick teaches said longitudinal portion (18a) of said coupling member is connected to said air discharge tube (48) while said transverse portion (18b) of said coupling member (18) is connected to said upper annular portion of said air guiding member (10) (Fig.6), so that said air discharge passage is constituted by connecting said first passage channel to said second passage channel, and connecting said second passage channel to said third passage channel, and said air discharge passage is constituted by said first through third passage channels (see annotated figure above). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an air guiding member being ring-shaped in order to allow for easy installation in the sewer pipe.
Regarding Claim 5, Sowards shows the toilet deodorizing apparatus, as recited in claim 3, wherein said air discharge tube (28) is directly connected to said upper annular portion (Fig.1) of said air guiding member (30,26) so that said air discharge passage is constituted by connecting said first passage channel directly to said third passage channel, and said air discharge passage is constituted by said first passage channel and said third passage channel (both are connected to allow air from the toilet to be evacuated to the sewer).
Regarding Claim 6, Soward shows the toilet deodorizing apparatus, as recited in claim 2, said air guiding member further defining a fourth passage channel (located in the middle of 22; Fig.1) configured as a through central opening formed in said ring-shaped air guiding member, wherein said fourth passage channel is arranged to communicate with said sewage passage (22; Fig.1).
Regarding Claim 7, Sowards shows the toilet deodorizing apparatus, as recited in claim 6, wherein said air discharge tube (28) is connected to said an upper annular portion of said air guiding member (30,26; Fig.1) so that said air discharge passage is constituted by connecting said first passage channel to said second passage channel, connecting said second passage channel to said third passage channel, and connecting said third passage channel to said fourth passage channel, and said air discharge passage is constituted by said first through fourth passage channels (Fig.1, allows the air from the toilet to evacuated to the sewer).
Regarding Claim 8, Soward shows the toilet deodorizing apparatus, as recited in claim 5, wherein said third passage channel of said air guiding member (30,26) is arranged to communicate with said fourth passage channel (located in the middle of 22; Fig.1) of said air guiding member, so that said air discharge passage is constituted by connecting said first passage channel to said third passage channel, and connecting said third passage channel to said fourth passage channel, and said air discharge passage is constituted by said first, third and fourth passage channels (Fig.1, allows the air from the toilet to evacuated to the sewer).
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Regarding Claim 9, Soward shows the toilet deodorizing apparatus, as recited in claim 1, further comprising an air suction tube (36) extended between said air inlet of said main housing and said air intake port (40), wherein air around said upper rim portion (48) of said toilet is arranged to be sucked to said main housing through said air suction tube (Fig.3).
Regarding Claim 10, Soward shows the toilet deodorizing apparatus, as recited in claim 5, further comprising an air suction tube (36) extended between said air inlet of said main housing and said air intake port (40), wherein air around said upper rim portion (48) of said toilet is arranged to be sucked to said main housing through said air suction tube (Fig.3).
Regarding Claim 11, Soward shows the toilet deodorizing apparatus, as recited in claim 7, further comprising an air suction tube (36) extended between said air inlet of said main housing and said air intake port (40), wherein air around said upper rim portion of said toilet is arranged to be sucked to said main housing through said air suction tube (Fig.3).
Regarding Claim 12, Soward shows the toilet deodorizing apparatus, as recited in claim 8, further comprising an air suction tube (36) extended between said air inlet of said main housing and said air intake port (40), wherein air around said upper rim portion of said toilet is arranged to be sucked to said main housing through said air suction tube (Fig.3).
Regarding Claim 13, Soward shows the toilet deodorizing apparatus, as recited in claim 1, but fails to show the air guiding member is configured as a ring-shaped structure fitting. Quick teaches a ventilated toilet having and air guiding member (10) is configured as a ring-shaped structure fitting (Fig.1) and having an upper annular portion (12), wherein said air guiding member has at least one side opening (near 18d) formed on the inside of said upper annular portion (Fig.4) , and also having at least one opening (near 12b) formed at a bottom side of said air guiding member (Fig.4), said openings communicating with each other inside said air guiding member, said third passage channel (through the air guiding member) being configured as a radially through slot which extends radially from an outside surface (near 12b) of said upper annular portion to a bottom side surface of said air guiding member (Fig.4), said third passage channel going with the opening of bottom side surface of said air guiding member to eventually communicate with said sewage passage (50) which allowing air to pass through said third passage channel and directly to be discharged to said sewage passage (Fig.4). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an air guiding member being ring-shaped in order to allow for easy installation in the sewer pipe.
Regarding Claim 14, Soward shows the toilet deodorizing apparatus, as recited in claim 13, said air guiding member further defining a fourth passage channel (see annotated figure above) configured as a through central opening formed in said ring-shaped air guiding member, wherein said fourth passage channel is arranged to communicate with said sewage passage (22).
Regarding Claim 15, Sowards shows the toilet deodorizing apparatus, as recited in claim 14, but fails to show the air guiding member is configured as a ring-shaped structure fitting. Quick teaches said air discharge assembly further comprise a coupling member (18) connecting between said air discharge tube (48) and said air guiding member (10), said coupling member having a longitudinal portion (18c) which extends through and coupled to a mounting hole (36) of the lower connecting portion of said toilet, and further having a transverse portion (18b) transversely extended from said longitudinal portion (Fig.4), said coupling member having a hollow structure (Fig.4) and further defining a second passage channel (see annotated figure below) configured as a through passage extending through said longitudinal portion and said transverse portion within said coupling member (Fig.4), one end of said transverse portion being connected to the outside opening of said upper annular portion of said air guiding member (48; Fig. 6), such that said second passage channel extends
Regarding Claim 16, Soward shows the toilet deodorizing apparatus, as recited in claim 15, wherein said air discharge tube (28) is connected to said an upper annular portion of said air guiding member (30,26; Fig.1) so that said air discharge passage is constituted by connecting said first passage channel to said second passage channel, connecting said second passage channel to said third passage channel, and connecting said third passage channel to said fourth passage channel, and said air discharge passage is constituted by said first through fourth passage channels (Fig.1, allows the air from the toilet to evacuated to the sewer).
Regarding Claim 17, Soward shows the toilet deodorizing apparatus, as recited in claim 14, wherein said third passage channel of said air guiding member (30,26) is arranged to communicate with said fourth passage channel (located in the middle of 22; Fig.1) of said air guiding member, so that said air discharge passage is constituted by directly connecting said first passage channel to said third passage channel, and connecting said third passage channel to said fourth passage channel, and said air discharge passage is constituted by said first, third and fourth passage channels (Fig.1, allows the air from the toilet to evacuated to the sewer).
Regarding Claim 18, Soward shows the toilet deodorizing apparatus, as recited in claim 1, wherein said air guiding member (30,26) is configured as an extra part of pipe fittings (the pipe is connected to the blower) and further define a third passage channel (24, see annotated figure below) configured as a radially through slot formed in said air guiding member (column 1 lines 45-55), said air guiding member having at least one side opening (top opening) on the outside of said upper annular portion (see annotated figure below), and also having at least one opening on the inside of said air guiding member (the slot extends through the side of the air guiding member), said openings communicating with each other inside said air guiding member (to allow air to move through the passages and towards the sewer), said third passage channel extending radially from a side surface to another side surface of said air guiding member (see annotated figure below; column 1 lines 45-55), said air guiding member further defining a fourth passage channel (see annotated figure below) configured as a through central opening formed in said air guiding member, wherein said fourth passage channel is arranged to communicate with said sewage passage (22), said third passage channel of said air guiding member being arranged to communicate with said fourth passage channel (see annotated figure below) of said air guiding member, so that said air discharge passage is constituted by directly connecting said first passage channel to said third passage channel (see annotated figure below), and connecting said third passage channel to said fourth passage channel (see annotated figure below), and said air discharge passage is constituted by said first, third and fourth passage channels (see annotated figure below). Sowards fails to show the air guiding member being configured as a ring-shaped air guiding member. Quick teaches an odor extraction device for a toilet. The device includes an air guiding member (18, 10) being configured as a ring-shaped guiding member (Fig.1). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include an air guiding member being ring-shaped in order to allow for easy installation in the sewer pipe.
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Response to Arguments
Applicant's arguments filed 3/5/2026 have been fully considered but they are not persuasive. The arguments in regards to the amendments have been addressed in the action above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAUREN ASHLEY CRANE whose telephone number is (571)270-5198. The examiner can normally be reached Mondays & Tuesdays 8 am - 4pm.
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/LAUREN A CRANE/ Primary Examiner, Art Unit 3754