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) 2, 4, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mueller et al (US Patent Publication 20080276361 herein after Mueller) in view of Yamaguchi et al (US Patent Publication 20100146693 herein after Yamaguchi).
Regarding Claim 2, Mueller shows
a flush toilet comprising:
a bowl portion (22) configured to receive waste;
a trap portion extending from the bowl portion and configured to discharge the waste received in the bowl portion (paragraph 41);
a main conduit (36) through which washing water toward the bowl portion flows;
a rim (24) communication hole into which the washing water flows from the main conduit;
a rim conduit (28) through which the washing water that has flowed in from the rim communication hole flows; and
a rim spout (58, 59, 60, 61) configured to supply the washing water flowing through the rim conduit to the bowl portion (Fig.10; paragraph 46),
a smaller flow-path portion (40) formed on an upstream side of the rim spout (Fig.10) in the rim conduit and having a flow-path cross-sectional area smaller than a flow-path cross- sectional area of the rim spout (Figs. 7-9), wherein the smaller flow-path portion and the rim spout are formed in a same flow path (Fig.10).
Mueller fails to show inclined walls.
Yamaguchi teaches a first inclined wall (see annotated figure below) is formed for which an upper surface is inclined upward toward downstream up to the rim spout (located near 31) including a downstream region of the smaller flow-path portion (332), and a second inclined wall (see annotated figure below) is formed for which a bottom surface is inclined downward toward downstream up to the rim spout (located near 31) including a downstream region (332) of the smaller flow-path portion. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to inclined wall in order to be able to including additives into the flush water.
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Regarding Claim 4, Mueller shows the flush toilet according to claim 3, wherein the rim conduit has, between the smaller flow-path portion and the rim spout including at least a downstream region immediately adjacent to the smaller flow-path portion, a flow- path cross-sectional area that expands continuously and gradually from the smaller flow-path portion side toward the rim spout side (see annotated figure below).
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Regarding Claim 5, Mueller shows the flush toilet according to claim 2, wherein the rim conduit includes an agitation chamber (see annotated figure below) having a flow-path cross-sectional area larger than the flow-path cross- sectional area of smaller flow path on an upstream side of the smaller flow-path portion (Fig.5).
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Claim(s) 6-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mueller et al (US Patent Publication 20080276361 herein after Mueller) in view of Yamaguchi et al (US Patent Publication 20100146693) as applied to the claims above and futher in view of Kashirajima et al (US Patent Publication 20170370081).
Regarding Claim 6, Mueller shows shows the flush toilet according to claim 2, but fails to show a jet conduit. Kashirajima teaches a jet conduit (31) through which the washing water from the main conduit flows, a jet spout (32) configured to jet the washing water that has flowed through the jet conduit from the front of the trap portion toward the trap portion (Fig.3), and a pressure-rate control portion (12) connecting the main conduit and the rim conduit on an upstream side of the jet conduit. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to include a jet in order to help flush the toilet.
Regarding Claim 7, Mueller shows the flush toilet according to claim 6, wherein the rim conduit includes an agitation chamber (see annotated figure below) on an upstream side of the smaller flow-path portion, the smaller flow-path portion has the flow-path cross- sectional area larger than a flow-path cross-sectional area of the pressure-rate control portion, and the rim spout and the agitation chamber have a flow-path cross-sectional area larger than the flow- path cross-sectional area of the smaller flow-path portion.
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Regarding Claim 8, Mueller shows the flush toilet according to claim 6, wherein the pressure-rate control portion (near 36) has a central axis in a flow direction of the washing water located above a central axis of the smaller flow-path portion in the flow direction of the washing water (Fig.5).
Regarding Claim 9, Mueller shows the flush toilet according to claim 8, wherein the rim conduit includes an agitation chamber (see annotated figure above) having a flow-path cross-sectional area larger than the flow-path cross-sectional area of the smaller flow-path portion on an upstream side of the smaller flow-path portion, and the agitation chamber includes a wall portion on the upstream side of the smaller flow-path portion.
Claim(s) 15-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mueller et al (US Patent Publication 20080276361 herein after Mueller) in view of Yamaguchi et al (US Patent Publication 20100146693), Kashirajima et al (US Patent Publication 20170370081), and Bucher et al (US Patent 20150107011 herein Bucher).
Regarding Claim 15-19, Mueller shows the flush toilet according to claim 6, but fails to show a mounting portion and a modesty panel. Bucher teaches a toilet having a mounting plate (14) provided between the bowl portion (12) and a wall surface and configured to mount the flush toilet on the wall surface via a mounting member, wherein the mounting portion has at least two mounting holes (26, 24), and a wall thickness around the mounting hole on a lower side is thinner than a wall thickness around the mounting hole on an upper side (Fig4). The mounting portion has at least four mounting holes (24, 20, 22, 26), and at least one mounting hole is provided on a lower side than a virtual centerline of the mounting portion in an up- and-down direction (Fig.5). A drain socket (30) configured to connect the trap portion (40) to a discharge pipe provided on the wall surface; and a drain flange portion provided around the drain socket, wherein the drain flange portion is provided below the virtual centerline (paragraph 41). The mounting portion includes a first wall thickness area (near 26) having a wall thickness around the mounting hole on the upper side and a second wall thickness area having a wall thickness (near 22) around the mounting hole on the lower side (Fig.6), and the second wall thickness area is wider than the first wall thickness area when the mounting portion is viewed from the bowl portion side (Fig.6). A modesty panel (76) connecting the trap portion and the mounting portion, wherein the trap portion includes an ascending pipe (56) extending obliquely upward from a lower end of the bowl portion toward the wall surface side and a descending pipe (near 30) connecting the ascending pipe and the drain socket and extending obliquely downward from an upper end of the ascending pipe toward the drain socket (Fig.6), and the modesty panel is connected to the mounting portion below the descending pipe (Fig.8). It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make a mounting portion and modesty panel in order to help secure the toilet the surrounding area.
Allowable Subject Matter
Claims 10-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Response to Arguments
Applicant's arguments filed 9/26/2025 have been fully considered but they are not persuasive. The arguments in regards to the new limitations 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.
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/LAUREN A CRANE/ Primary Examiner, Art Unit 3754