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 .
Election/Restrictions
Claims 2-3, 5-6 and 15-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 10/27/25.
Claims 5-6 have been withdrawn per applicant’s response.
Applicant's election with traverse of Species in the reply filed on 10/27/25 is acknowledged. The traversal is on the ground(s) that only a single embodiment is claimed with all claims applicable to the single embodiment. This is not found persuasive because applicant’s disclosure indicates the inclusion of alternative embodiments and modifications (Para. 0053-0054), the disclosure establishes alternate embodiments such as supplying of cleaning fluid through openings in brushes or scrubbing instruments or instead supplying the cleaning fluid through jets or nozzles (Para. 0041) and the individual aspects are claimed individual of each other.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the:
Foldable frame which supports a brush or scrubbing mechanism, the fluid jet mechanism and ducts in which the frame supporting said structures moves as part of a folding action to fold between a storage configuration and a use configuration
Fig. 1A depicts two ‘side frames’ moving away from a ‘container’ however it doesn’t detail how the remaining structures are all supported by the folding frame and are movable between positions or otherwise foldable into such a container
Individual nozzles or jets for directing fluid at an inside surface of the toilet bowl, separate nozzles or jets for directing fluid at an upper surface of a toilet lid, a lower surface of a toilet lid, an upper surface of a toilet seat and a lower surface of a toilet seat
A cover attached to the foldable frame and enclosing a plurality of nozzles (Fig. 4 does not provide any detail)
Foldable frame which supports a brush or scrubbing mechanism, the fluid jet mechanism and ducts, in which the foldable frame comprises a plurality of vertical support members connected by horizontal support members and is configured to fold into a flattened assembly
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
Reference character “28” has been used to designate both ducts/hoses and jets/nozzles
Reference character “30” has been used to designate a hose, a mixing tank and a track for the brushes
Reference character “31” has been used to designate both the pumps and arms
Reference character “32” has been used to designate brushing/scrubbing arms and the brushes/scrubbing implements
Reference character “35” has been used to designate a mat and an arm segment
Reference character “36” has been used to designate a collection tank/container and brushes/scrubbing implements
Reference character “37” has been used to designate both fluid nozzles and brushes/scrubbing implements
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. 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.
The drawings are objected to because:
The figures are too small to discern individual structures or details, at least figures 1, 2 and 4 contain numerous references and leaders which are directed at structures which can not be seen or can not be differentiated from surrounding structures/elements
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.
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, 4, 7-14 and 26-27 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 "the toilet bowl, the seat, and the pivotal lid" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 is directed at a cleaning apparatus and not a toilet or toilet system and has not positively recited a toilet with any specific structure.
For the purpose of examination the claim is being interpreted as requiring any fluid jet mechanism configured to direct fluid onto a toilet.
Claims 4, 7-14 and 26-27 are rejected due to their dependency from claim 1.
Claim 1 recites the limitation "the nozzles or jets" in line 6. There is insufficient antecedent basis for this limitation in the claim.
Claims 4, 7-14 and 26-27 are rejected due to their dependency from claim 1.
Claim 7 recites the limitation "the cover" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 depends from claim 1 which does not recite/require a cover.
Claims 8-12 are rejected due to their dependency from claim 7.
The term “providing value-added features” in claim 27 is a relative term which renders the claim indefinite. The term “value-added features” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
‘Value added features’ is not defined by the claim and what would be considered to ‘add value’ would be subjective to different users.
For the purpose of examination any mobile application configured to control an automated toilet cleaning device will be considered to provide ‘additional value-added features’.
Claim Rejections - 35 USC § 102
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 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, 13 and 26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN 102733467 (Huang).
Regarding claim 1, Huang discloses a portable (wheels 19) automated (Para. 0019) toilet cleaning apparatus that folds for transport or storage, comprising:
at least one brush or scrubbing implement (22) configured to be positioned relative to a surface to be cleaned (Travel switches 5/20, cable 4, motor 14; Spring 47), and to rotate or oscillate (rotating motor 45 and frames 41/48) to achieve a scrubbing motion (Para. 0007-0008);
a fluid jet mechanism (Para. 0040-0041) for directing the fluid at surfaces of the toilet to be cleaned, including at least surfaces of the toilet bowl, the seat, and the pivotal lid; and
a frame (6/24) that is unfolded (motor 13, cables 9) by a user to cover the toilet during clearing, and that supports the brush or scrubbing mechanism, the fluid jet mechanism, and ducts or hoses that supply fluid to the nozzles or jets (Fig. 1; Para. 0041).
Regarding claim 13, Huang discloses that the frame includes a plurality of vertical support members (1) connected by horizontal crossbars (6/24/25) attached to the vertical support members so that the frame can be folded from a position in which it fits over a toilet into a flattened assembly for transport or storage (Para. 0039 – in a stored configuration vertical supports rotate/fold back into the flattened storage configuration).
Regarding claim 26, Huang discloses that the frame folds into a container (10) for storage and transport.
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 4, 7-8 and 27 are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of WO 2019/069313 (Zausmer).
Regarding claim 4, Huang discloses that the brushes/scrubbing implements (21/22) are provided with a motor (45) configured to rotate/move the brush/scrubbing implements however it doesn’t disclose providing individual motors for individual brushes.
Zausmer teaches a foldable automatic toilet cleaning apparatus (100) comprising a folding frame (150/182) comprising a plurality of brushes/scrubbing implements (110/130) which are each provided with a motor (116/136)
It would have been obvious to one of ordinary skill in the art to provide individual motors for each brush/scrubbing element, as taught by Zausmer, so as to facilitate greater control of the cleaning apparatus.
Regarding claim 7, Huang discloses that the fluid jet mechanism includes a plurality of spray nozzles or jets (Para. 0040-0041 – Outlets arranged on brushes 21 and 22) but does not explicitly disclose whether or not the foldable frame is provided with a cover.
Zausmer teaches a foldable automatic toilet cleaning apparatus (100) comprising a folding frame (150/182) comprising a cover (158) which encloses a plurality of brushes or scrubbing implements (110/130/153) configured with spray nozzles (Pg. 21 L16-17 – cleaning fluid delivered through brushes).
It would have been obvious to one of ordinary skill in the art to provide the foldable frame with a cover enclosing the spray nozzle or jets, as taught by Zausmer, to contain any waste, water or cleaning fluid sprayed during the cleaning process.
Regarding claim 8, as previously discussed Huang states that the brushes contain the spray nozzles (Para. 0040-0041) and that the brushes are moveable/positionable and as such Huang states/establishes that the nozzles have an adjustable spray direction.
Regarding claim 8 in the alternate, Huang states that the spray nozzles are formed on/as part of the positionable brushes but doesn’t explicitly state that the angular orientation of the nozzles is adjustable.
Zausmer teaches a foldable automatic toilet cleaning apparatus (100) comprising a folding frame (150/182) with a plurality of brushes or scrubbing implements (110/130/153) configured with spray nozzles (Pg. 21 L16-17 – cleaning fluid delivered through brushes) and which are configured to be angularly adjustable (Fig. 2G-2H; Pg. 14 L17-30).
It would have been obvious to one of ordinary sill in the art to configure the brushes/scrubbing implements and spray nozzles to be angularly adjustable, as taught by Zausmer, to facilitate greater cleaning coverage of the toilet body and/or to facilitate cleaning a greater variety of toilet shapes/designs.
Regarding claim 27, Huang discloses that the portable automated toilet cleaning apparatus can be operated automatically after a single input (Para. 0042-0046) however it does not disclose the use of a mobile app to activate the system.
Zausmer teaches a foldable automatic toilet cleaning apparatus (100) configured to be programmed and controlled by an application (166) on a mobile device (66) such as a smart phone (Pg. 12 L22-Pg. 13 L3).
It would have been obvious to one of ordinary skill in the art to configure the automated cleaning device to be controlled by a mobile application, as taught by Zausmer, so that a user can remotely activate, monitor and/or alter a cleaning cycle as required remotely for convenience, efficiency or sanitary reasons.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Zausmer as applied to claim 7 above, and further in view of US 11,038,566 (Theus) and JP 2777261 (Kawano).
Regarding claim 10, Huang states the inclusion of a water tank/reservoir and ducts/hoses (‘pipes’) supplying fluid to each of the discreet nozzle groups (in brushes 21 and 22) (0041) however it doesn’t specify the inclusion of a water inlet coupler or mixing chamber.
Theus teaches a portable bathroom cleaning apparatus comprising reservoirs/tanks (40) for cleaning solutions and water (42) each provided with an inlet coupler (46) configured to couple to a supply hose.
It would have been obvious to one of ordinary skill in the art to provide a water inlet coupler, as taught by Theus, so as to facilitate refilling of the water tank.
Kawano teaches a portable toilet cleaning apparatus comprising a water tank (7) and a cleaning liquid tank (8). Kawano further teaches the provision of a mixing tank or reservoir (10) for mixing a cleaning solution and water before dispensing the mixture through a plurality of nozzles (51) in a brush/scrubbing instrument (5).
It would have been obvious to one of ordinary skill in the art to provide a mixing tank/reservoir, as taught by Kawano, to facilitate the dilution/mixing of a cleaning agent with water to enhance the cleaning and/or sanitation capabilities of the assembly.
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Huang in view of Zausmer, Theus and Kawano as applied to claim 10 above, and further in view of JP 2005248591 (Toritani).
Regarding claim 11, Huang states the inclusion of a battery as a power source (Para. 0045) but does not state the inclusion of a pump for increasing the pressure of delivered fluid to the nozzles/jets.
Toritani teaches an automatic, portable toilet cleaning apparatus (1) comprising a fluid reservoir (43) in communication with a nozzle (45/50/54) through a pump (44) which delivers the fluid through the nozzle under pressure and which is powered by a battery (58).
It would have been obvious to one of ordinary skill in the art to provide a battery powered pressurization pump, as taught by Toritani, to facilitate providing fluid under increased pressure for additional cleaning force/capabilities while also maintaining the portability/mobility of the apparatus.
Allowable Subject Matter
Claims 9 and 14 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art of record does not disclose a toilet cleaning apparatus which is portable and automated, wherein the apparatus comprises a foldable frame, the folding frame structure supporting at least one positionable and rotatable or oscillating brush, a fluid jet mechanism configured comprising ducts or hoses directing fluid to separate pluralities of nozzles directed respectively at the inside surface of a toilet bowl, the upper surface of a toilet seat, the lower surfaces of a toilet seat, the upper surfaces of a toilet lid and the lower surfaces of a toilet lid.
The prior art of record does not disclose a toilet cleaning apparatus which is portable and automated, wherein the apparatus comprises a foldable frame, the folding frame structure supporting at least one positionable and rotatable or oscillating brush, a fluid jet mechanism configured to direct fluid at different surfaces of a toilet, nozzles or jets and ducts or hoses that supply fluid to the nozzles or jets, wherein the frame further comprises vertical support members connected by a plurality of telescoping horizontal crossbars with the vertical supports are mounted on wheels and wherein the frame is configured to fold into a flattened assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2,605,478 (Lassiter) teaches a cleaning apparatus for a toilet comprising a plurality of nozzles configured to clean different parts of the toilet.
US 8,484,772 (Lostal Grasa) teaches a foldable frame for cleaning a toilet which supports a plurality of nozzles.
US 11,008,745 (Bruno) teaches a toilet cleaning apparatus comprising positionable brushes/scrubbing implements and nozzles.
US 12,173,493 (Jones) teaches a portable toilet cleaning assembly with a plurality of brushes, a fluid reservoir with an inlet, a plurality of hoses/ducts and jets/nozzles.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS A ROS/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754