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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/2/26 has been entered.
Response to Arguments
Applicant's arguments filed 7/2/26 have been fully considered but they are not persuasive.
In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant has argued that the base reference of Drori (WO 2014/097296) operates in a single rotational direction and is not bidirectional. It is noted that Liu (Cn 1435544 was relied upon as a teaching that it is known to either rotate a spiral trapway in only one direction or to stop rotation at a final/second orientation and return the trapway by rotating in the opposite direction.
Applicant has argued (Remarks Pg. 8) that Drori does not teach or suggest a drive mechanism coupled to the flush valve and a spiral trapway to which the examiner disagrees.
Pg. 7 L18-23 of Drori states “In addition, it will be appreciated that a designer may wish to replace the water 14 in the bowl 12 during or just prior to the flushing operation described above. Thus, an arrangement may be provided to provide water from the cistern 16 to the bowl 12 when the siphon 18 is rotated. This may be accomplished, e.g., by providing a single arrangement which performs both actions simultaneously or near-simultaneously, “.
Pg. 8 L3-7 of Drori states “The external mechanism which interacts with the gearbox 40 to cause it to activate the drive element 42 may be a dedicated mechanism directly activated by a user, or it may be operationally connected to the cistern 16 in order to rotate the siphon 18 in coordination with the flow of water from the cistern to the bowl 12.”.
This language discloses the drive mechanism and the flush valve being linked together whereby activation of the drive mechanism to rotate the trapway initiates a flush by opening the flush valve as well.
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:
A powered drive mechanism coupled to a flush valve in a tank through a link and coupled to the spiral trapway, the drive mechanism configured to open the flush valve and rotate the spiral trapway in different directions.
A powered rotating trapway configured to rotate from a first orientation to a second orientation wherein the first orientation both causes the contents of the toilet bowl to be evacuated in the siphon trapway and the same first orientation creates a water seal in the spiral trapway while the second orientation advances contents from the spiral trapway to the waste outlet and where the drive mechanism is linked to a flush valve in a tank (Claim 16).
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.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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.
Claim 7 is 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.
Regarding claim 7, the claim depends from independent claim 1 which has been amended to recite “a flush valve in a tank”. Applicant’s original disclosure does not indicate a secondary tank and instead indicates a single tank. As such the language in claim 7 positively reciting “a tank” is improperly including the same element twice.
Where a claim directed to a device can be read to include the same element twice, the claim may be indefinite. See MPEP 2173.05(o).
For the purpose of examination a flush assembly comprising a single tank will be interpreted as satisfying the limitations of both claim 1 and 7 regarding the provision of a tank.
Regarding claim 7, the claim depends from independent claim 1 which has been amended to recite “a flush valve in a tank”. Previously claim 7 was the first time “a valve configured to open a flow of water from the tank to the toilet bowl”, or a flush valve, was introduced/claimed. As the subject matter of claim 7 was amended into claim 1 it appears that claim 7 is improperly claiming the same element twice.
Where a claim directed to a device can be read to include the same element twice, the claim may be indefinite. See MPEP 2173.05(o).
For the purpose of examination a flush assembly comprising a single flush valve configured to open a flow path between the tank and bowl will be interpreted as satisfying the limitations of both claim 1 and 7 regarding the provision of a flush valve in a tank and a valve configured to open a flow of water from the tank to the toilet bowl..
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 7 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 7 depends from claim 1 which has been amended to recite “a flush valve in a tank” and as such a tank has already been introduced and defined with claim 7’s limitation of ‘a tank’ not further defining.
Claim 7 depends from claim 1 which has been amended to require a flush valve in a tank as part of the toilet flushing assembly. As a flush valve is a valve configured to selectively permit a flow of water to a toilet bowl for flushing the claim language “a valve configured to open a flow of water from the tank to the toilet bowl” is not further defining the already recited flush valve.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 (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.
Claims 1, 3, 5, 7-8, 10, 12-14 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2014/097296 (Drori) in view of CN 1435544 (Liu).
Regarding claims 1 and 7, Drori discloses a toilet flushing assembly comprising:
a spiral trapway (18) having an upstream portion (26/32) coupled to a toilet bowl (12), a curved portion (28), and a downstream portion (30/34) coupled to a waste outlet (25);
a flush valve in a tank (16) wherein a flush valve in a cistern/tank of a toilet is configured to open a flow of water from the tank to the toilet bowl (Pg. 4 L9-17 – tank 16 includes a flush valve controlling a water outlet/supply to the toilet); and
a drive mechanism (Pg. 7 L26-30 – ‘external mechanism’/38/40/42) coupled to the flush valve through a link and configured to open the flush valve (Pg. 7 L18- Pg. 8 L7) and coupled to the spiral trapway and configured to rotate the spiral trapway in a first rotational direction from a first orientation to a second orientation (Pg.6 L21 – Pg.7 L7);
wherein rotation of the spiral trapway evacuates content form the toilet bowl and advances the contents from the spiral trapway to the outlet and wherein the flush assembly is configured to create a water seal in the spiral trapway after evacuating the waste contents (Pg.6 L21 – Pg.7 L14).
Drori, however, does not explicitly state that after emptying the waste the drive mechanism rotates the trapway in a second opposite direction to return the trapway to the first orientation.
Liu teaches a toilet flush assembly (Fig. 9) comprising a flush water supply valve (2), a rotatable trapway (18), and a drive mechanism (28/32) which rotates the trapway in a first direction from a first orientation where a water trap is formed/waste is held and a second orientation wherein waste is emptied from the trapway. Liu further teaches that the drive mechanism can return the trapway from the second orientation to the first orientation by either continuing rotation in the first rotational direction or rotating the trapway in a second rotational direction (Translated Specification Para. 0042-0044, 0049).
It would have been obvious to one of ordinary skill in the art to configured the drive mechanism to rotate the trapway in a second rotational direction from the second orientation back to the first orientation after completing a flush, as taught by Liu, so as to facilitate restoring the water seal/resetting the flushing assembly for another use as well as due to various design considerations such as cost, complexity, installation space/conditions, ease of maintenance, toilet model and/or applicable regulations (as compared to a continuously/fully rotating trapway).
Regarding claim 3, Drori states that the drive mechanism includes a gear configured to rotate the spiral trapway between the first orientation and the second orientation (Pg. 7 L26 – Pg. 8 L7).
Regarding claim 5, Drori in view of Liu teaches a toilet flushing assembly comprising a rotatable trapway that is rotated by a driving mechanism as previously discussed. Drori states the inclusion of a drive mechanism comprising a drive element (42) which is utilized to rotate the spiral trapway between a first and second position but does not state details of the drive mechanism such as whether it utilizes a motor or a solenoid.
Lin teaches a flush assembly for a toilet as previously discussed comprising a rotatable trapway (18) which is driven by a driving mechanism. Lin further teaches that the driving mechanism can take different forms including a motor (28).
It would have been obvious to one of ordinary skill in the art to utilize a motor as a drive mechanism, as taught by Lin, so as to facilitate a controlled rotation of the trapway in a convenient, reliable and/or sanitary manner (doesn’t require direct user interaction, doesn’t require user applied force and can be set to rotate/drive at predetermined rates through predetermined angles).
Regarding claim 8, Drori states that the rotation of the spiral trapway and supply of flush water through the water valve can be controlled by a common control and it is desirable to maintain a water seal (Pg. 7 L8-25) but does not explicitly discuss opening the water valve after rotating the spiral trapway from the first orientation to the second orientation.
Liu teaches a toilet flush assembly (Fig. 9) comprising a flush water supply valve (2), a rotatable trapway (18), and a drive mechanism (8/11/15) which activates both the flush sequence and the rotation of the trapway (Specification). Liu further teaches that engaging the drive mechanism rotates the trapway and can either simultaneously or after a delay open the water valve (Specification – Engaging drive mechanism 8 begins rotation of rotatable trapway 18 and the configuration of switch rod 11 also driven by drive mechanism 8 determines when the water valve opens).
It would have been obvious to one of ordinary skill in the art to configure the drive mechanism to open the water valve after rotating the trapway, as taught by Liu, so as to reduce water use by utilize the supplied flush water to both rinse the bowl and evacuate the waste through the opened/rotated trapway.
Regarding claim 10, Drori in view of Liu teaches a flush assembly for a toilet comprising a rotatable trapway which rotates from a first orientation to a second orientation and back as previously discussed. While Drori states the inclusion of a drive device it is silent regarding a springback mechanism coupled to the trapway.
Liu further teaches that a drive mechanism can be configured (28) to rotate the trapway from the first orientation to the second and back or the drive mechanism (32) can be provided with a springback mechanism (7) coupled to the trapway (through the drive mechanism) which is configured to apply a force to rotate the spiral trapway from the second orientation to the first orientation (Translated specification Para. 0042-0044).
It would have been obvious to one of ordinary skill in the art to provide a springback mechanism coupled to the trapway, as taught by Molina, so as to better ensure the return of the trapway to the first orientation to form a water seal even if the drive mechanism fails/loser power and/or to facilitate use of different drive mechanisms for user preference, cost, ease of maintenance and/or other market or design considerations.
Regarding claim 12, Drori states that the drive mechanism rotates the spiral trapway in response to a flush input (Pg. 7 L20-25, Pg. 8 L3-7).
Regarding claim 13, Drori states that the rotation of the trapway is caused in response to a flush input as previously discussed but does not explicitly detail the type of flush input.
Liu teaches a toilet flush assembly as previously discussed comprising a flush water supply valve (2/37), a rotatable trapway (18), a motor (28) for rotating the trapway and a flush input (30) which activates both the flush sequence and the rotation of the trapway (Specification Para. 0049). Liu further teaches that the flush input can take the form of a control button (10) or a remote control device (Specification Para. 0049-0050).
It would have been obvious to one of ordinary skill in the art to provide a remote control as a flush input, as taught by Liu, for user preference and/or to facilitate greater design flexibility in placing/installing the flush input.
Regarding claim 14, Drori states that the spiral trapway is a ‘siphon’ (Specification), states that a waster seal is formed to the level of “W” (Fig. 1) and that during a flushing operation the rotation of the trapway causes a siphon break of the water seal (Pg. 6 L15-Pg. 7 L7 – rotation of the siphon generates a suction at the bowl outlet which moves waste and water to the waste outlet).
Regarding claim 16, Drori discloses a toilet comprising:
a toilet bowl (12);
a tank (16) connected to the toilet bowl via a water channel (Pg. 4 L9-17);
a flush valve in the tank (Pg. 4 L9-17 – tank 16 includes a flush valve controlling a water outlet/supply to the toilet);
a spiral trapway (18) having an upstream portion (26/32) coupled to a toilet bowl (12), a curved portion (28), and a downstream portion (30/34) coupled to a waste outlet (25); and
a drive mechanism (Pg. 7 L26-30 – ‘external mechanism’/38/40/42) coupled to the flush valve through a link and configured to open the flush valve (Pg. 7 L18- Pg. 8 L7) and coupled to the spiral trapway and configured to rotate the spiral trapway in a first direction from a first orientation to a second orientation (Pg.6 L21 – Pg.7 L7);
wherein the first orientation evacuates contents from the toilet bowl and the second orientation evacuates contents from the spiral trapway to the waste outlet (Pg. 6 L21-Pg. 7 L7 – In so much as Applicant’s invention achieves this. The trapway has an initial position, as soon as it rotates the bowls contents begin to enter into the spiral trapway as the water within is evacuated. The trapway continues rotating and at a second orientation the waste has been driven through to the outlet);
wherein the drive mechanism is configured to rotate the spiral trapway from the second orientation to the first orientation in order to create a water seal in the spiral trapway (Pg.6 L21 – Pg.7 L14; In so much as Applicant’s invention achieves this as Applicant has claimed the first orientation causes the bowl to be evacuated. Applicant’s Specification Paras. 0080-0082 indicates an initial seal position, a first evacuating position and a second trapway clearing position).
Drori, however, does not explicitly state that after emptying the waste the drive mechanism rotates the trapway in a second opposite direction to return the trapway to the first orientation.
Liu teaches a toilet flush assembly (Fig. 9) comprising a flush water supply valve (2), a rotatable trapway (18), and a drive mechanism (28) which rotates the trapway in a first direction from a first orientation where a water trap is formed/waste is held and a second orientation wherein waste is emptied from the trapway. Liu further teaches that the drive mechanism can return the trapway from the second orientation to the first orientation by either continuing rotation in the first rotational direction or rotating the trapway in a second rotational direction (Translated Specification Para. 0049).
It would have been obvious to one of ordinary skill in the art to configured the drive mechanism to rotate the trapway in a second rotational direction from the second orientation back to the first orientation after completing a flush, as taught by Liu, so as to facilitate restoring the water seal/resetting the flushing assembly for another use as well as due to various design considerations such as cost, complexity, installation space/conditions, ease of maintenance, toilet model and/or applicable regulations (as compared to a continuously/fully rotating trapway).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Drori in view of Liu as applied to claim 7 above and further in view of US 10,072,408 (Huynh).
Regarding claim 9, Drori states that the rotation of the spiral trapway and supply of flush water through the water valve can be controlled by a common control and it is desirable to maintain a water seal (Pg. 7 L8-25) but does not explicitly discuss opening the water valve after the trapway from the second orientation back to the first orientation.
Huynh teaches a flushing assembly for a toilet comprising a toilet with an outlet (140) comprising a rotatable member (141) which opens/rotates to facilitate the evacuation of waste from the toilet. Huynh further teaches a driving mechanism (700/710) configured to drive the rotatable member as well as operate water supply valves (311/312) for supplying water to the toilet. Huynh further teaches opening the rotatable member from an initial orientation to a first orientation in which water and waste begin flowing out of the toilet, to a second fully open orientation, closing the rotatable member from the second orientation through the first orientation to an initial orientation to facilitate forming a water seal in the bowl and then opening a water valve to supply water to the bowl and form a seal (C6 L31-56).
It would have been obvious to one of ordinary skill in the art to configure the drive mechanism to open a water supply valve after rotating the trapway from the second orientation to the first orientation, as taught by Huynh, so as to facilitate the formation of a water seal within the bowl/outlet for sanitary and convenience purposes.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Drori in view of Liu as applied to claim 1 above and further in view of CN 101691775 (Ye).
Regarding claim 15, Drori states that the spiral trapway can comprise a single revolution which produces a single water seal or other shapes but doesn’t explicitly state the formation of a spiral trapway with multiple revolutions resulting in multiple water traps.
Ye teaches a flushing assembly for a toilet comprising a spiral trapway (2) coupled between a toilet outlet (1) and a waste connection (3). Ye further teaches that the spiral can be provided with a single revolution, two revolutions or multiple revolutions which would produce multiple water seals (Para. 0017).
It would have been obvious to one of ordinary skill in the art to utilize a rotatable trapway with a plurality of water seals, as taught by Ye, so as to provide greater protection against the escape of dangerous or unpleasant odors and other gases/fumes from the downstream sewage pipe/waste outlet (or whatever other waste structure the toilet is attached to such as a septic tank).
Claim 16 is rejected in the alternate under 35 U.S.C. 103 as being unpatentable over Drori in view of Liu and Ye.
Regarding claim 16, Drori discloses a toilet comprising:
a toilet bowl (12);
a tank (16) connected to the toilet bowl via a water channel (Pg. 4 L9-17);
a flush valve in the tank (Pg. 4 L9-17 – tank 16 includes a flush valve controlling a water outlet/supply to the toilet);
a spiral trapway (18) having an upstream portion (26/32) coupled to a toilet bowl (12), a curved portion (28), and a downstream portion (30/34) coupled to a waste outlet (25); and
a drive mechanism (Pg. 7 L26-30 – ‘external mechanism’/38/40/42) coupled to the flush valve through a link and configured to open the flush valve (Pg. 7 L18- Pg. 8 L7) and coupled to the spiral trapway and configured to rotate the spiral trapway in a first direction from a first orientation to a second orientation (Pg.6 L21 – Pg.7 L7);
wherein the first orientation evacuates contents from the toilet bowl and the second orientation evacuates contents from the spiral trapway to the waste outlet (Pg. 6 L21-Pg. 7 L7 – In so much as Applicant’s invention achieves this. The trapway has an initial position, as soon as it rotates the bowls contents begin to enter into the spiral trapway as the water within is evacuated. The trapway continues rotating and at a second orientation the waste has been driven through to the outlet).
Drori, however, does not explicitly state that after emptying the waste the drive mechanism rotates the trapway in a second opposite direction to return the trapway to the first orientation. Drori discloses a single revolution spiral trapway and as such the trapway would need to return to an initial position to form a water seal as it doesn’t comprise multiple water seals.
Liu teaches a toilet flush assembly (Fig. 9) comprising a flush water supply valve (2), a rotatable trapway (18), and a drive mechanism (28) which rotates the trapway in a first direction from a first orientation where a water trap is formed/waste is held and a second orientation wherein waste is emptied from the trapway. Liu further teaches that the drive mechanism can return the trapway from the second orientation to the first orientation by either continuing rotation in the first rotational direction or rotating the trapway in a second rotational direction (Translated Specification Para. 0049).
It would have been obvious to one of ordinary skill in the art to configured the drive mechanism to rotate the trapway in a second rotational direction from the second orientation back to the first orientation after completing a flush, as taught by Liu, so as to facilitate restoring the water seal/resetting the flushing assembly for another use as well as due to various design considerations such as cost, complexity, installation space/conditions, ease of maintenance, toilet model and/or applicable regulations (as compared to a continuously/fully rotating trapway).
Ye teaches a flushing assembly for a toilet comprising a spiral trapway (2) coupled between a toilet outlet (1) and a waste connection (3). Ye further teaches that the spiral can be provided with a single revolution, two revolutions or multiple revolutions which would produce multiple water seals (Para. 0017).
It would have been obvious to one of ordinary skill in the art to utilize a rotatable trapway with a plurality of water seals, as taught by Ye, so as to provide greater protection against the escape of dangerous or unpleasant odors and other gases/fumes from the downstream sewage pipe/waste outlet (or whatever other waste structure the toilet is attached to such as a septic tank).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2002/0124302 (Jansen) discloses a spiral trapway that can be rotated by a drive mechanism that also drives a flush valve.
US 7,028,347 (Sanderson) is a flush assembly for a toilet comprising a tank with a flush valve controllable through an electronic control, a gear and a motor.
US 9,145,668 (Molina) is a toilet with a spiral trapway and a springback device.
US 9,315,979 (Park) teaches a toilet with a flush tank, flush valve and pivotable trapway wherein a common controller drives all their operations.
US 10,036,152 (Guha) teaches a rotatable trapway and flush valve driven by a common drive mechanism.
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
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