DETAILED ACTION
This is the Final Office Action for application number 18/422,737 - PLUMBING FIXTURES WITH INSERT-MOLDED COMPONENTS, filed on 1/25/24. Claims 1-20 are pending. This Final Office Action is in response to applicant’s reply dated 6/16/26. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Applicant's amendment necessitated any new ground(s) of rejection presented in this Office action.
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) 1, 3, 4, 6, 11 and 18-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (US 7,353,577) in view of Cortes-Garza (US 4,209,862) in view of Schindler et al. (US Pub. 2004/0032749).
Regarding claims 1
Davies shows a toilet assembly (Fig. 3) comprising: a flush engine (24) including a bowl (24b), a sump (bottom of bowl; seen in Fig. 3), and a trapway (shown in Fig. 3; below bowl); but fails to show a cavity in the flush engine formed during molding; and at least one electronic component within cavity configured to sense or indicate an operation associated with the flush engine.
However, Cortes-Garza shows using a functional insert (10, 21) for creating a cavity during molding (note, col. 2, lines 7-19). Turning to, Schindler shows a plumbing fixture comprising: an electrical component (LED light) insert-molded within a portion of the plumbing fixture (¶ [0049, 0055)], the portion formed from an epoxy (¶ [0049] acrylic resin; hermetically sealed); wherein the electrical component (720, 810; Fig. 11& 12) is offset from and disposed below an outer surface of the plumbing fixture. 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 Davies to include providing a cavity in the flush engine formed during molding for the purpose of including LED light that is insert molded within a portion of the plumbing fixture for the purpose of the electrical component being protected from the water in a toilet environment as shown by Cortes-Garza and Schindler.
Regarding Claim 3 Davies as combined shows the toilet assembly of claim 1, further comprising: an epoxy body between the at least one electronic component and a surface of the toilet assembly (Schindler; ¶ [0049] acrylic resin; hermetically sealed).
Regarding Claim 4 Davies shows the toilet assembly of claim 3, but fails to show wherein the epoxy body is translucent. However, Schindler shows wherein the epoxy is a semi-translucent material configured to pass light therethrough (whole document; operate as night light). 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 Davies to include translucent epoxy for the purpose of passing light through as shown by Schindler.
Regarding Claim 6 Davies shows the toilet assembly of claim 1, but fails to show wherein the at least one electronic component includes a sensor. However, Schindler shows an electronic component as a sensor (48). 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 Davies to include the electronic component as a sensor as sensors are well-known for actuation as shown by Schindler.
Regarding Claim 11 Davies shows the toilet assembly of claim 1, but fails to show wherein the at least one electronic component includes a plurality of sensors and a plurality of lights. However, Schindler shows the at least one electronic component includes a plurality of sensors (48, light sensor 552 temperature sensor) and a plurality of lights (624, 658). 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 Davies to include a plurality of lights and sensors for the purpose of sensing light and temperature and providing enough light to operate a night light as shown by Schindler
Regarding Claim 18 Davies shows a method of forming a toilet assembly, the method comprising: casting a flush engine from vitreous material (abstract; note, col. 1, lines 5-20). But Davies fails to show installing a functional insert on the flush engine; placing the flush engine in a mold; and inserting a material in the mold to create a cavity with the functional insert, wherein the cavity includes at least one electronic component configured to sense or indicate an operation associated with the flush engine.
However, Cortes-Garza shows installing a functional insert (10, 21) on a sanitary ware for creating a cavity during molding (note, col. 2, lines 7-19) placing the sanitary ware in a mold (Figs. 1-3) and inserting material in the mold to create a cavity with the functional insert (Figs. 1-3; note, col. 2, lines 7-19) . Turning to, Schindler shows a plumbing fixture comprising: an electrical component (LED light) insert-molded within a portion of the plumbing fixture (¶ [0049, 0055)]) the component configured to sensor or indicate an operation (sensor senses low light and operates the night light). 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 Davies to include providing a cavity in the flush engine formed during molding for the purpose of including LED light that is insert molded within a portion of the plumbing fixture for the purpose of the electrical component being protected from the water in a toilet environment as shown by Cortes-Garza and Schindler.
Regarding Claim 19 Davies shows the method of claim 18, further comprising: but fails to show connecting the at least one electric component to a controller. However, Schindler shows connecting the at least one electric component to a controller (550). 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 Davies to include connecting the at least one electric component to a controller for automatic responses as shown by Schindler.
Regarding Claim 20 Davies shows the method of claim 18, but fails to show connecting the at least one electric component to a power source. However, Schindler shows electrically connecting to a power source (abstract). 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 Davies to include a power source connected to the at least one electric component as electric components need electricity to function as is well-known and shown by Schindler.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (US 7,353,577) in view of Cortes-Garza (US 4,209,862) in view of Schindler et al. (US Pub. 2004/0032749) in further view of Garasi et al. (US 4,086,318).
Regarding Claim 2 Davies shows the toilet assembly of claim 1, but fails to show wherein the flush engine includes at least one inner surface that is glazed for the bowl, the sump, or the trapway, and at least one unglazed surface for the at least one electronic component. However, Garasi teaches a toilet made from ceramics having a flush engine (17) which comprises an inner surface (13) and an outer surface (12). The inner surface and all of the functional elements of the functional unit are glazed (col. 4, In. 1-4) while the external surface is unfinished (col. 3, In. 63). 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 Davies and to glaze the internal, functional surfaces so as to prevent the accumulation of waste and bacteria and to leave the external surfaces unglazed so epoxy and the electronic component can adhere flush engine.
Claim(s) 5, 9, 12 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (US 7,353,577) in view of Cortes-Garza (US 4,209,862) in view of Schindler et al. (US Pub. 2004/0032749) in further view of Bucher et al. (US Pub. 2017/0030065).
Regarding Claim 5 Davies shows the toilet assembly of claim 1, further comprising: a tank (note, col. 7, lines 33-39) configured to provide water to the flush engine; but fails to show and a tank cover configured to cover the tank, wherein a at least one second electronic component is installed in the tank cover. However, Bucher shows a tank cover (99; Fig. 3A) having at least one electronic component installed in the tank cover (Fig. 3A). 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 Davies to include a toilet tank, tank cover and the at least one electronic component in the toilet tank cover for the purpose of housing the component where user access may be achieved as shown by Bucher.
Regarding Claim 9 Davies shows the toilet assembly of claim 1, but fails to show further comprising: a motor coupled to a flush valve, wherein the at least one electronic component includes a sensor configured to actuate a flush by sending an instruction to the motor. However, Bucher shows a motor coupled to a flush valve (¶ [0432]) and shows wherein a controller may receive a signal from a sensor for actuation of the motor (¶ [0432-0433; 0473; actuates a clean cycle which includes a flush (abstract)]). 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 Davies to include a motor coupled to a flush valve and a sensor configured to actuate a flush by sending and instruction to the motor for the purpose of an automated flushing/clean cycle as shown by Bucher.
Regarding Claim 12 Davies as combined shows the toilet assembly of claim 1, wherein the at least one electronic component includes at least one light, but fails to show the light is indicative of a cleaning cycle. However, Bucher shows using a light for indicating actuation of a cleaning cycle (¶ [0472]). 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 Davies as combined to include a light for indicating actuation of a cleaning cycle for the purpose of notifying the user the toilet is in process as shown by Bucher.
Regarding Claim 17 Davies shows a toilet assembly (Fig. 3) comprising: a flush engine (24) including a bowl (24b), a sump (bottom of bowl; seen in Fig. 3), and a trapway (shown in Fig. 3; below bowl); but fails to show a functional insert configured to form a cavity in the flush engine during molding; and at least one electronic component within cavity configured component adjacent to the translucent body and within the functional insert or the cavity to sense or indicate an operation associated with the flush engine.
However, Cortes-Garza shows using a functional insert (10, 21) for creating a cavity during molding (note, col. 2, lines 7-19). Turning to, Schindler shows a plumbing fixture comprising: an electrical component (LED light) insert-molded within a portion of the plumbing fixture (¶ [0049, 0055)], the portion formed from an epoxy (¶ [0049] acrylic resin; hermetically sealed); wherein the electrical component (720, 810; Fig. 11& 12) is adjacent to the cavity epoxy resin (Fig. 9). 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 Davies to include providing a cavity in the flush engine formed during molding for the purpose of including LED light that is insert molded within a portion of the plumbing fixture for the purpose of the electrical component being protected from the water in a toilet environment as shown by Cortes-Garza and Schindler.
Davies fails to show wherein the epoxy body is translucent. However, Schindler shows wherein the epoxy is a semi-translucent material configured to pass light therethrough (whole document; operate as night light). 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 Davies to include translucent epoxy for the purpose of passing light through as shown by Schindler.
Davies fails to show wherein the at least one electronic component includes a sensor to sense an input for an operation associated with the flush engine and an indicator configured to indicate the operation associated with the flush engine.
However, Schindler shows an electronic component as a sensor (48). Turning to Bucher. Bucher shows using a light for indicating actuation of a cleaning cycle (¶ [0472]). 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 Davies to include the electronic component as a sensor as sensors are well-known for actuation as shown by Schindler and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Davies as combined to include a light for indicating actuation of a cleaning cycle for the purpose of notifying the user the toilet is in process as shown by Bucher.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (US 7,353,577) in view of Cortes-Garza (US 4,209,862) in view of Schindler et al. (US Pub. 2004/0032749) in further view of Kovarik et al. (US Pub. 2011/0144453).
Regarding Claim 7 Davies as combined shows the toilet assembly of claim 6, but fails to show wherein the sensor is a capacitive sensor, a microwave sensor, or an electromagnetic sensor. However, Kovarik shows using a microwave sensor for detecting a user and for control of a toilet (¶ [0041; 0089]). 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 Davies as combined to include a microwave sensor for detecting proximity from great distance and through walls as shown by Kovarik.
Regarding Claim 8 Davies as combined shows the toilet assembly of claim 6, but fails to show wherein the sensor is configured to detect an object in proximity to the toilet assembly. However, Kovarik shows using a microwave sensor for detecting a user and for control of a toilet (¶ [0041; 0089]). 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 Davies as combined to include a microwave sensor for detecting proximity from great distance and through walls as shown by Kovarik.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (US 7,353,577) in view of Cortes-Garza (US 4,209,862) in view of Schindler et al. (US Pub. 2004/0032749) in further view of Kappus et al. (US Pub. 2021/0115652).
Regarding Claim 10 Davies as combined shows the toilet assembly of claim 1, but fails to show wherein the at least one electronic component includes a first electrical component for a first flush sequence and a second electrical component for a second flush sequence. However, Kappus shows a flush valve for a toilet with at least one electronic component (controller and buttons; ¶ [0033; 0048; 0066]) that includes a first electrical component for a first flush sequence (¶ [0033, 0043] partial flush) and a second electrical component for a second flush sequence (¶ [0033, 0043] full flush).
Claim(s) 13 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (US 7,353,577) in view of Cortes-Garza (US 4,209,862) in view of Schindler et al. (US Pub. 2004/0032749) in further view of Yagin et al. (US Pub. 2013/0205487).
Regarding Claim 13 Davies as combined shows the toilet assembly of claim 1, but fails to show wherein the at least one electronic component includes a lid sensor configured to detect a position of a lid for the bowl. However, Yagi shows using a sensor to detecting an opening and closing of the toilet bow lid (¶ [0070]). 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 Davies as combined to include the at least one electronic component includes a sensor to determine the position of the lid for the bowl for the purpose of determining if the toilet is in use as shown by Yagi.
Regarding Claim 14 Davies as combined shows the toilet assembly of claim 13, wherein the lid sensor includes a magnet or a magnetic sensor (Yagi ¶ [0070]).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (US 7,353,577) in view of Cortes-Garza (US 4,209,862) in view of Schindler et al. (US Pub. 2004/0032749) in view of Yagin et al. (US Pub. 2013/0205487) in further view of Bucher et al. (US Pub. 2017/0030065).
Regarding Claim 15 Davies as combined shows the toilet assembly of claim 13, but fails to show wherein the at least one electronic component includes a light that is illuminated with the lid is raised. . However, Bucher shows using a light for indicating actuation (¶ [0472]). 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 Davies as combined to include a light for indicating actuation of the lid is raised for the purpose of notifying the user the toilet is ready to use as shown by Bucher.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Davies et al. (US 7,353,577) in view of Cortes-Garza (US 4,209,862) in view of Schindler et al. (US Pub. 2004/0032749) in further view of Saito et al. (US Pub. 2016/0273204).
Regarding Claim 16 Davies as combined shows the toilet assembly of claim 1, but fails to show wherein the electronic component includes a heater. However, Saito shows a toilet with a seat and a built in toilet seat heater (¶ [0016]). 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 Davies as combined to include the electronic component included a heater for the seat for the purpose of providing comfort for a user as shown by Saito.
Response to Arguments
Applicant's arguments filed 6/16/26 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 argues that individually Davies, Cortes-Garza and Schindler fail to specifically show a cavity formed in the flush engine during molding and at least one electronic component within the cavity configured to sense or indicate an operation associated with the flush engine. However, the Office respectfully disagrees. Davies shows a sanitary article, a toilet, and an improved method of casting a flush engine. Cortes-Garza shows another sanitary article, sinks, bathtubs, showerstalls, and other lavatory items (note, col. 1, lines 17-20) that are manufactured by casting/multi-pour techniques. Cortes-Garza suggests using a functional insert to create a cavity in the sanitary article. It is reasonable to apply that suggestion to another of a lavatory item and sanitary article, including toilets. Schindler details a process by which a sensor 636 that senses an operation (¶ [0057-0058) is a part of the LED light that is molded into the faucet. Therefore in combination Davies shows the claim language in full and the rejection of record has been maintained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Stokely et al. (US 9,596,961) shows the general state of the art of manufacturing a sanitary article; Bernabei et al. (US 9,290,922) shows the general state of the art of manufacturing a toilet.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached on Monday thru Thursday, 9:30 AM to 6PM EST.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, DAVID ANGWIN can be reached on 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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/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 8/11/2026
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