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 Interpretation
1. The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: “control unit” in claim 10, “driving unit” in claim 14, and “spray unit” in claim 17.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Election/Restrictions
2. Applicant’s election without traverse of group II, claims 10-17 in the reply filed on 12/5/2025 is acknowledged. Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/5/2025.
Claim Rejections - 35 USC § 102
3. 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.
4. Claims 10-11 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto et al. (JP 2017008607 A – English translation) (Hereafter “Yamamoto”).
Regarding claim 10, Yamamoto discloses an IPL toilet bowl sterilizer (1) comprising: at least one xenon lamp unit (20) provided on one surface of an outer cover (lid 16 – see figure 1; see English translation - “In the present embodiment, the sterilizing light irradiation unit 20 is provided on the back surface 16a of the toilet lid 16.”) configured to rotate relative to an inner cover (inner toilet seat 15) so as to sterilize the inner cover (15) of a toilet bowl by emitting a xenon lamp light; and a control unit (controller 25) configured to control the xenon lamp unit to sterilize the inner cover of the toilet bowl (see figure 1; see English abstract; see English translation – “The sterilizing light irradiation unit 20 is configured to irradiate sterilizing light having a sterilizing action. Such a sterilizing light irradiation unit 20 may be configured to irradiate invisible light in the ultraviolet region, and may be configured to irradiate visible light instead of or in addition to invisible light. Also good. The sterilizing light irradiation unit 20 may include a xenon lamp, a mercury lamp such as a high-pressure mercury lamp or a low-pressure mercury lamp, a sterilizing light source such as an LED, and other various sterilizing light sources. It is good.”).
Regarding claim 11, Yamamoto discloses the IPL toilet bowl sterilizer of claim 10, further comprising a posture measurement sensor (rotation angle sensor) configured to provide angle information on an angle between the inner cover (15) and the outer cover (16) (see English translation – “The toilet device 1 is provided with a toilet lid sensor that detects opening and closing of the toilet lid 16. Such a toilet lid sensor may be a limit switch operated by raising or lowering the toilet lid 16, a rotation angle sensor for detecting the rotation angle of the pivot axis of the toilet lid 16, and various other sensors. In addition, it is good also as a structure which provided the toilet seat sensor which detects the raising / lowering of the toilet seat 15.”), wherein the control unit (controller 25) is configured to sterilize the inner cover through the xenon lamp unit (20) according to whether the angle provided by the posture measurement sensor is less than or equal to a predetermined angle (see English translation – “The controller 25 executes basic operations described later. In this embodiment, this control part 25 is set as the structure which controls the germicidal light irradiation part 20 so that germicidal light may be irradiated in the state in which the toilet seat 15 was laid down. Moreover, the control part 25 is set as the structure which controls the germicidal light irradiation part 20 so that germicidal light may be irradiated in the state which closed the toilet lid 16.” and “Further, the rim portion 11 of the bowl portion 10 is provided with a translucent portion 12 so that sterilizing light is transmitted through and irradiated on the back surface 15a of the toilet seat 15 facing downward in a lying state.”).
Regarding claim 17, Yamamoto discloses a spray unit (nozzle 18) provided on one side of the outer cover (16) (see figure 1 – nozzle 18 is located beneath the cover 16) and configured to spray a sterilization liquid toward the inner cover if desired (see English translation – “Moreover, the toilet device 1 is provided with the nozzle 18 for the local washing/cleaning made free to advance and retract, as shown in FIG. 1, The nozzle 18 has a substantially cylindrical shape, and is capable of moving back and forth between a storage position and a cleaning position along its longitudinal direction. The nozzle 18 is advanced so as to protrude toward the center in the bowl portion 10 on the front side in the toilet depth direction through an opening provided on the inner side in the toilet depth direction on the inner wall of the upper end portion of the bowl portion 10. Further, the nozzle 18 is configured to advance obliquely downward. In the illustrated example, a nozzle lid that opens and closes the opening is provided.
In addition, a water supply channel for supplying cleaning water (local cleaning water) to the nozzle 18 and a heater for heating the cleaning water are provided at appropriate positions. Further, the nozzle 18 is provided with a nozzle hole for discharging cleaning water (local cleaning water) toward the local portion at the cleaning position. The nozzle 18 may be configured to be compatible with, for example, a collar portion and a bidet. Further, an appropriate drive mechanism may be employed as the mechanism for moving the nozzle 18 back and forth. The nozzle 18 may be formed of an appropriate metal material or a hard synthetic resin material from the viewpoint of durability, cleanliness, etc., and preferably a metal having a rust prevention property such as stainless steel. It may be formed from a system material.”).
Claim Rejections - 35 USC § 103
5. In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
6. Claims 12 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto as applied to claim 10 above, and further in view of She et al. (CN 103976685 A – English translation) (hereafter “SHE”).
Regarding claims 12, and 14-15, Yamamoto is set forth above with regards to claim 10 and discloses the use of sensors but does not appear to disclose a weight sensor, temperature sensors, or a drive unit as recited in present claims 12, 14, and 15.
SHE discloses a toilet disinfection system that utilizes UV lights (23) attached to the toilet lid and used to disinfect the toilet seat (see figure 6). SHE further discloses that the toilet includes a weight sensor for determining when a user is finished using the toilet so that the disinfection can be activated, a temperature sensor for sensing when the disinfection process is complete so that the next user can use the toilet, and a drive unit for automictically closing the toilet lid after a male user so that the disinfection light can be activated (see English translation - “When using, the initial state in the toilet cover 2 and toilet seat 6 turndown state, cover on the toilet seat 1. When a human, will be provided on the toilet lid 2 of the infrared sensor 5 senses, then infrared sensor 5 sensing signal to the electronic nose 4, electronic nose 4 starts the electronic nose 4 front of the suction device 41 starts suction. then emanated by human body odors will be absorbed by electronic nose 4, and then the electronic nose 4 to quickly judge the concentration of ester ketone, specifically the concentration standard needs to be set according to the actual situation, because amount of ester ketone secretion of different ethnic and not consistent. if it reaches a certain concentration, determined that the user is a male, the electronic nose 4 to electric rotating 3 one signal electric rotating shaft 3, starting the electromagnet 21, the electromagnet 21 attracts iron piece 62 on the toilet seat 6, the toilet seat 6 and the toilet lid 2 while turning, turning to the highest position, the electromagnet 21, the toilet lid 2 can be separated from the toilet seat 6. here if the needs to use the toilet seat 6 toilet seat 6 can be turned. if it is female, only starting electrical rotating shaft 3, electromagnet 21 is not started, only the toilet lid 2, convenient for the female toilet seat. after finishing using, when human body away from the toilet seat 6, the weight sensor 64 sense the human body leaves, let electric rotating shaft 3 control the toilet cover 2 downwardly. if it is male urinating, is over a certain time after automatic control electric rotating 3 toilet lid 2 is turned. the elastic cushion set on the closestool seat 1 13 can prevent the toilet seat 6 is turned to produce severe collision caused by the damaged toilet seat 6 toilet seat 1. 2. The new toilet cover is turned back, the toilet seat 1 on the exhaust device 11 is started, so that the air near the toilet can be circulated to eliminate a taste of the user. Not only that, the toilet seat 6 is further provided with a heating wire 63, during winter heating toilet seat 6, better feeling of use to the user. the heating wire 63 may be turning the toilet lid 3 on the electric rotating shaft 2 only starts after the toilet ring 6 is coated with paint, user can through colour indicator is set on the toilet cover 2 24, directly senses the temperature of the toilet seat 6. at each use, the toilet lid 2 covering the toilet seat 6 and the toilet cover 2 on the ultraviolet sterilizing lamp 23 starts a short time, to disinfect the toilet seat 6. Because the ultraviolet sterilizing lamp 23 will by partially heating the toilet seat 6 at the time of sterilizing, then sensing paint on the closestool seat ring 6 will also change color, so that the user knows whether it is possible to use the toilet seat 6. 2. The new toilet cover and the toilet cover 2 edge around the toilet seat 6 of the baffle 21 are coated with an ultraviolet absorber, preventing ultraviolet leakage, damage the object outside the toilet.”).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of Yamamoto to include a weight sensor, temperature sensor an drive unit as taught by SHE in order to determine when a user has finished using the toilet, close the lid, activate the radiation disinfection device, and use a temperature sensor to notify the user that the operation is complete and the toilet is ready to use.
7. Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto as applied to claim 10 above, and further in view of Kennedy et al. (US 2018/0339075 A1) (hereafter Kennedy”).
Yamamoto is set froth above with regards to claim 10 and discloses the use of sensors but does not appear to disclose a contamination sensor as claimed.
Kennedy discloses a system (110) of sterilizing surfaces using UV light illuminators (112) wherein the surfaces include fixtures such as toilets (see para [0122]). The system includes contamination sensors in the illuminators for determining when a toilet surface is contaminated and enabling the control unit to activate the UV lights to disinfect the surface (see para [0122]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Yamamoto to include a contamination sensor, as taught by Kennedy, configured to provide information on a contamination level of the inner cover so that the control unit can active the xenon lamp to disinfect the inner cover when contamination of a desired level is reached.
8. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto as applied to claim 10 above, and further in view of Yoon et al. (KR 20110131898 A – English translation) (Hereafter “Yoon”).
Yamamoto is set forth above with regards to claim 10 but does not appear to disclose multiple disinfecting xenon lamps that can be operated at different intensities as claimed.
Yoon discloses a toilet having a sterilizing function comprising a plurality of UV light sources (41) located at various positions to disinfect the lid of the toilet, seat of the toilet, and bidet spray nozzle (see figure 2) with different intensities of light as required (see English translation – “Although not shown, the UVLED module 40 may include a driving unit for driving the plurality of UVLEDs 44. The driver may selectively drive some or all of the plurality of UVLEDs 44 arranged on the substrate 42. As described above, the plurality of UVLEDs 44 may be uniformly arranged to emit the same wavelength, or may be a mixture of those emitting the different wavelengths. Thus, when a plurality of UVLEDs 44 that emit the same wavelength are uniformly arranged, the driving unit drives only a part of the plurality of UVLEDs 44 arranged on the substrate 42 to reduce power consumed by the bidet 100. Power saving or the intensity of the wavelength can be adjusted. In addition, when a plurality of UVLEDs 44 emitting different wavelengths are arranged in a mixed state, the driver may selectively drive only the UVLEDs 44 emitting the necessary wavelengths among the plurality of UVLEDs 44 arranged on the substrate 42. Can be. In this case, the driving unit may include an LED driver or a DC-DC converter. The LED driver may include a PWM control and a constant current, depending on the design.”
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the system of Yamamoto and include multiple disinfecting xenon light sources positioned at various locations in the toilet so to emit a xenon lamp light toward the inner cover and a nozzle of a bidet of the toilet bowl, wherein the control unit is configured to operate in an inner cover sterilization mode for sterilizing the inner cover through the first xenon lamp and the second xenon lamp and in a nozzle sterilization mode for sterilizing the nozzle through the second xenon lamp, and a light intensity of the second xenon lamp in the nozzle sterilization mode is greater than a light intensity of the second xenon lamp in the inner cover sterilization mode, as exemplified by Yoon whom teaches that using individual disinfecting light sources that are independently controlled can be used to target particular areas of the toilet with different intensities of light.
Conclusion
9. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SEAN E CONLEY whose telephone number is (571)272-8414. The examiner can normally be reached on M-F, 8:30am-4pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mike Marcheschi can be reached on 571-272-1374. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SEAN E CONLEY/Primary Examiner, Art Unit 1799