Prosecution Insights
Last updated: July 17, 2026
Application No. 18/212,005

FLUIDIC OSCILLATORS

Non-Final OA §102§103
Filed
Jun 20, 2023
Priority
Jun 27, 2022 — provisional 63/355,908
Examiner
PHAM, TUONGMINH NGUYEN
Art Unit
3752
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kohler Co.
OA Round
3 (Non-Final)
68%
Grant Probability
Favorable
3-4
OA Rounds
0m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 68% — above average
68%
Career Allowance Rate
342 granted / 502 resolved
-1.9% vs TC avg
Strong +35% interview lift
Without
With
+34.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 10m
Avg Prosecution
32 currently pending
Career history
524
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
77.4%
+37.4% vs TC avg
§102
6.0%
-34.0% vs TC avg
§112
11.6%
-28.4% vs TC avg
Black line = Tech Center average estimate • Based on career data from 502 resolved cases

Office Action

§102 §103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 4/18/2026 has been entered. Claims 2, 17 are cancelled and pending claims 1, 3-16, 18-20 are addressed below. 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 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. Claim(s) 1, 3, 4, 11, 15, 16, 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Garrels (US20200362548). Regarding claim 1, Garrels discloses a water rinsing system for a toilet, the water rinsing system comprising: a water supply (par. 129: “The water supply conduit 104 may be a pipe, tube, or other water delivery mechanism”) configured to supply water to a fluidic module at a rim of a toilet bowl from a water source; a fluidic module ( “fluidic oscillators 4004”; see fig. 49) configured to direct water to the toilet bowl in an oscillating pattern (par. 186: “a sweeping (e.g., oscillating, fanning, side-to-side etc.) pattern”) at a substantially downward angle (vertically downward along line 4014) toward the toilet bowl (par. 188: “In the exemplary embodiment of FIG. 49, each of the fluidic oscillators 4004 is oriented approximately parallel with the vertical reference line 4014 passing through the rim area”); and a bend connector (rim channel 109, bend from horizontal portion 4011 toward vertical portion 4013) configured to connect the fluidic module (4404) and the water supply at an angle to overhang the rim of the toilet bowl (Par. 186: “the rim channel 4009 may be an overhanding channel (e.g., a “U” shaped channel) that includes a horizontal portion 4011 that extends radially inwardly from the outer perimeter of the toilet bowl 4008 (along an upper edge of the toilet bowl 4008) and a vertical portion 4013”), wherein the fluidic module includes at least one feedback channel (par. 186, see fig. 46 or see annotation of fig. 49 below) at the angle to overhang the rim of the toilet bowl (see par. 186-188). Regarding claim 3, Garrels discloses the fluidic module includes a diffuser, an amplifier, and a diverter (see annotation below). PNG media_image1.png 729 1048 media_image1.png Greyscale Annotated Figure (Garrels) Regarding claim 4, Garrels discloses the fluidic module includes at least one passive passage with at least one mixing chamber (see annotated mixing chamber above). Regarding claim 11, Garrels discloses a valve (flush valve 3308; fig. 26; par. 166) configured to supply water to the water supply in response to a flush cycle. Regarding claim 15, Garrels discloses the water supply is connected through a rim channel (90). Regarding claim 16, Garrels discloses the water rinsing system of claim 1, wherein the water source is a plumbing system (par. 129). Claim Rejections - 35 USC § 103 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 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. Regarding claim 18, Garrels discloses a toilet comprising: a water tank (3304; fig. 26, par. 166); a toilet bowl (3302); a water rinsing system (fig. 49) for a toilet, the water rinsing system comprising: a water supply (par. 129: “The water supply conduit 104 may be a pipe, tube, or other water delivery mechanism”) configured to supply water to a plurality of fluidic modules at a rim of the toilet bowl from the water tank; a plurality of fluidic modules (4004; par. 186, fig. 49) configured to direct water to the toilet bowl at a substantially downward angle (downward parallel to line 4014; par. 188) toward the toilet bowl; and a bend connector (rim channel 109, bend from horizontal portion 4011 toward vertical portion 4013) configured to connect the plurality of fluidic modules and the water supply at an angle to overhang the rim of the toilet bowl (Par. 186: “the rim channel 4009 may be an overhanding channel (e.g., a “U” shaped channel) that includes a horizontal portion 4011 that extends radially inwardly from the outer perimeter of the toilet bowl 4008 (along an upper edge of the toilet bowl 4008) and a vertical portion 4013”), wherein each of the plurality of fluidic modules includes at least one feedback channel (see annotation below) at the angle to overhang the rim of the toilet bowl. PNG media_image1.png 729 1048 media_image1.png Greyscale Annotated Figure (Garrels) Claim(s) 5-8, 19, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garrels (US20200362548). Regarding claim 5, Garrels discloses, in a different embodiment of fluidic module (fig. 54), the at least one mixing chamber is a plurality of mixing chambers connected by a feedback channel (see annotation below). PNG media_image2.png 335 283 media_image2.png Greyscale It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Garrels to incorporate the teachings of Garrels’ embodiment shown in 54 to provide the at least one mixing chamber is a plurality of mixing chambers connected by a feedback channel. Doing so would provide for a wider fluid coverage across the inner surface and an interesting visual effect compared to a single fluidic oscillator (par. 193). Regarding claim 6, Garrels discloses, in a different embodiment of fluidic module (fig. 54), the fluidic module includes at least one passive passage that includes: a first mixing chamber; a second mixing chamber; a first feedback channel fluidly coupled to the first mixing chamber; and a second feedback channel fluidly coupled to the first mixing chamber and the second mixing chamber (see annotated figure 54 of Garrels below). PNG media_image3.png 339 309 media_image3.png Greyscale It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Garrels to incorporate the teachings of Garrels’ embodiment shown in 54 to provide the at least one passive passage includes: a first mixing chamber; a second mixing chamber; a first feedback channel fluidly coupled to the first mixing chamber; and a second feedback channel fluidly coupled to the first mixing chamber and the second mixing chamber. Doing so would provide for a wider fluid coverage across the inner surface and an interesting visual effect compared to a single fluidic oscillator (par. 193). Regarding claim 7, Garrels, as modified above, discloses the water rinsing system of claim 6. Garrels discloses the at least one passive passage includes: a lateral channel spacing the first mixing chamber and the second feedback channel (see annotated figure 54 of Garrels below). PNG media_image4.png 337 344 media_image4.png Greyscale Regarding claim 8, Garrels, as modified above, discloses the water rinsing system of claim 6. Garrels discloses, in another embodiment, figure 8K shows more than three parallel fluidic oscillators (366; par. 146), in which the at least one passive passage would include: a third mixing chamber; and a third feedback channel, wherein the third feedback channel is fluidly coupled to the third mixing chamber and the second mixing chamber. It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Garrels to incorporate the teachings of Garrels’ figure 8K to provide the at least one passive passage includes: a third mixing chamber; and a third feedback channel, wherein the third feedback channel is fluidly coupled to the third mixing chamber and the second mixing chamber, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St, Regis Paper Co. v. Bemis Co., 193 USPQ 8. Doing so would provide for wider fluid coverage across the targeted surface. Regarding claim 19, Garrels discloses the toilet of claim 18. Garrels discloses, in a different embodiment of fluidic module (fig. 54), each of the plurality of fluidic module comprises: a chamber fluidly coupled to the at least one feedback channel (as modified in view of Garrels; see annotated figure below). PNG media_image3.png 339 309 media_image3.png Greyscale It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Garrels to incorporate the teachings of Garrels’ embodiment shown in fig. 54 to provide each of the plurality of fluidic module comprises: a chamber fluidly coupled to the at least one feedback channel. Doing so would provide for a wider fluid coverage across the inner surface and an interesting visual effect compared to a single fluidic oscillator (par. 193). Regarding claim 20, Garrels discloses, in fig. 54, the feedback channel connects at least two of the plurality of fluidic modules (see annotation below). PNG media_image5.png 499 482 media_image5.png Greyscale Annotated Figure (Garrels) Claim(s) 12-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garrels (US20200362548) in view of Bucher (US 20170030065). Regarding claim 12, Garrels, as modified above, discloses the water rinsing system of claim 11, but is silent regarding the valve is actuated by a float. Bucher discloses a toilet assembly having a valve configured to supply water to the water supply in response to a flush cycle (par. 217: “rim and jet flush valves”). Bucher further discloses the valve is actuated by a float (Bucher, par. 226: “float 17 may be attached thereto via a chain or other linkage…to help provide advanced performance and control of buoyancy in the particular flush valve design”). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Garrels to incorporate the teachings of Bucher to provide the valve is actuated by a float. Doing so would yield the predictable result of facilitating known flow control for operation of the toilet assembly (See Paragraph 217 and 226). Regarding claim 13, Garrels, as modified above, discloses the water rinsing system of claim 11. Bucher further discloses the valve is actuated electronically (par. 450: “The liquid supply valve is preferably a one-way valve that is electronically and automatically actuatable by the control system 24000”). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Garrels to incorporate the teachings of Bucher to provide the valve is actuated electronically. Doing so would yield the predictable result of facilitating known flow control that is automatically actuatable for operation of the toilet assembly (See Paragraph 450). Regarding claim 14, Garrels, as modified above, discloses the water rinsing system of claim 1. Bucher further discloses the water source is a water tank (60) and the water supply is connected to a bottom of the water tank (valves and piping; see figs. 8-9). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Garrels to incorporate the teachings of Bucher to provide the water source is a water tank and the water supply is connected to a bottom of the water tank. Doing so would yield the predictable result of facilitating known flow control for operation of the toilet assembly (See Paragraph 213). Claim(s) 9, 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Garrels (US20200362548), further in view of Pormentilla (US 20230140590). Regarding claim 9, wherein an embodiment in figure 54 of Garrels shows the at least one passive passage includes the first and second mixing chambers (see Garrels’ annotated figure 54 under rejection of claim 6 above), but does not explicitly teach the first mixing chamber in a first plane; and the second mixing chamber in a second plane, wherein the first plane is at an angle to the second plane. However, Pormentilla teaches a comparable system (figs. 1, 2) having a curved or segmented housing 117 (fig. 1C) including spray body 101, wherein the curved or segmented housing 117 is shaped according curve of the urinal (par. 13). Figure 1C further shows two outlet slots 111 and 112 on the curved spray body 101 that are on two different planes that are at angle to one another (see annotation below). PNG media_image6.png 320 646 media_image6.png Greyscale It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Garrels to incorporate the teachings of Pormentilla to provide the first mixing chamber in a first plane; and the second mixing chamber in a second plane, wherein the first plane is at an angle to the second plane. Doing so would provide for adapting to the curve of the toilet bowl. Regarding claim 10, Garrels, as modified above, discloses the water rinsing system of claim 1, but does not explicitly teach a curved or segmented housing including the fluidic module, wherein the curved or segmented housing is shaped according to the rim of the toilet bowl. Pormentilla teaches a comparable system (figs. 1, 2) having a curved or segmented housing 117 (fig. 1C) including spray body 101, wherein the curved or segmented housing 117 is shaped according curve of the urinal (par. 13). It would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Garrels to incorporate the teachings of Pormentilla to provide a curved or segmented housing including the fluidic module, wherein the curved or segmented housing is shaped according to the rim of the toilet bowl. Doing so would allow better placement of the discharge component along the surface of the toilet bowl. Response to Arguments Applicant’s arguments have been considered but are moot in light of the the new ground of rejection, which no longer relies on Lisook reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUONGMINH NGUYEN PHAM whose telephone number is (571)270-0158. The examiner can normally be reached 9AM - 5PM M-F. 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. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Arthur Hall can be reached at 571-270-1814. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /TUONGMINH N PHAM/Primary Examiner, Art Unit 3752
Read full office action

Prosecution Timeline

Show 2 earlier events
Sep 23, 2025
Response Filed
Dec 29, 2025
Final Rejection mailed — §102, §103
Mar 10, 2026
Applicant Interview (Telephonic)
Mar 10, 2026
Examiner Interview Summary
Mar 24, 2026
Response after Non-Final Action
Apr 28, 2026
Request for Continued Examination
May 01, 2026
Response after Non-Final Action
Jun 22, 2026
Non-Final Rejection mailed — §102, §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
68%
Grant Probability
99%
With Interview (+34.7%)
2y 10m (~0m remaining)
Median Time to Grant
High
PTA Risk
Based on 502 resolved cases by this examiner. Grant probability derived from career allowance rate.

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