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
Applicant’s election without traverse of Invention I in the reply filed on 11/3/25 is acknowledged.
Claims 19-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 11/3/25.
Claim Rejections - 35 USC § 112
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 17 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.
Regarding claim 17, the claim requires “the smooth convex rim of the bowl is adapted so that it does not provide a purchase point”. However claim 17 depends from claim 1 which defines the convex rim as a “smooth” convex rim. Applicant’s disclosure defines “smooth” as:
By "smooth" is meant that there are no protrusions, undercuts or other surface textures or structures/features that could form purchase points
As claim 1 already defines the rim as being adapted to not provide a purchase point claim 17 is not further defining.
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 1-5 and 7-18 are rejected under 35 U.S.C. 103 as being unpatentable over US 2011/0131717 (Beale) in view of US 6,687,922 (Marshall).
Regarding claim 1, Beale discloses a water closet pan comprising:
a bowl (6) having a smooth convex rim (4);
a water inlet passage (Passage delivering water to inlets: 20 delivering to inlets 8 and not depicted passage to inlets 9 and 10 annotated in the figure below) connected to a water inlet (10) and configured to direct water into the bowl for flushing;
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a refill passage (Opening/connection for water supply pipe and conduit connecting to water inlet passage; Not depicted but required for a supply connection) in fluid connection with the water inlet passage and configured to allow water to refill the bowl after flushing; and
an outlet passage (passage between 18 and 12) connected to an outlet (18) and configured to allow removal of waste.
Beale, however, does not disclose if a siphonic bypass is provided connecting the outlet passage with the water inlet passage.
Marshall teaches a siphonic water closet pan (10) comprising an enclosed base (14) and a bowl (11) with a rim (12) which also serves as a seat. To supply water to the bowl a water inlet passage (18) is connected to a water inlet (26) and configured to direct water into the bowl for flushing and a refill passage (16) in fluid connection (17) with the water inlet passage and configured to allow water to refill the bowl after flushing. Marshall further teaches providing an outlet passage (13) for removing waste from the bowl and providing a siphonic bypass (20) which connects the outlet passage and the water inlet passage so as to deliver water into the outlet passage during a flush to assist in removing waste.
It would have been obvious to one of ordinary skill in the art to provide a siphonic bypass connecting the outlet passage with the water inlet passage, as taught by Marshall, to increase the ability and/or efficiency of the toilet by assisting in creating a siphon or blowing out waste in the outlet passage.
Regarding claim 2, Beale in view of Marshall teaches a water closet pan comprising a siphonic bypass as previously discussed. Beale further states that the toilet pan is formed such that the fluid passages are entirely or partially enclosed within the pan wall (Para. 0021) but doesn’t explicitly require they be entirely enclosed.
Marshall further teaches entirely enclosing the water inlet passage, refill passage, siphonic bypass and outlet passage within a material of the water closet pan (Fig. 1-2).
It would have been obvious to one of ordinary skill in the art to entirely enclose the conduits of the toilet pan including the siphonic bypass, as taught by Marshall, so as to protect the components/conduits from environmental, accidental and/or intentional damage.
Regarding claim 3, Beale in view of Marshall teaches a water closet pan with a siphonic bypass as previously discussed.
Marshall further teaches that the siphonic bypass comprises a separate siphonic bypass pipe (20) incorporated into the water closet pan which is connects to the water inlet passage (24 connects to 18/19) and to the water outlet passage (23 connects to 21/13).
It would have been obvious to one of ordinary skill in the art to incorporate a separate siphonic bypass pipe into the water closet pan for the siphonic bypass, as taught by Marshall, to ensure proper formation of the siphonic bypass during fabrication and/or to facilitate replacing the siphonic bypass pipe for repair/replacement if needed.
Regarding claims 4 and 5, Marshall states that the siphonic bypass pipe is bonded to the water inlet passage and the water outlet passage (C3 L43-46 – bypass pipe is welded to the water inlet passage and outlet passage).
Regarding claims 4 and 5 in the alternate, it is noted that the determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art. See MPEP 2113.
In this case Beale in view of Marshall establishes creating a secure fluid connection between the water inlet passage and the outlet passage.
Regarding claim 7, Beale states that the water inlet (10) is located at and configured to direct flushing water into a rear of the pan (Fig. 1C; Para. 0046 – Outlets located at rear of pan and dispensing onto the rear of the pan).
Regarding claims 8-9, Beale states that a barrier is provided between the water inlet and the water inlet passage (Para. 0049 – Intended to prevent ligatures, barrier is separating multiple outlets so is upstream of the inlets and blocking part of the water inlet passage from each inlet) and that it is fixed in position (Para. 0049 – cast in place).
Regarding claim 10, Beale states that the barrier is bonded in position (Para. 0049 – the barrier is bonded to the inlet passage by being cast in position).
Regarding claim 10 in the alternate, it is noted that the determination of patentability in a product-by-process claim is based on the product itself, even though the claim may be limited and defined by the process. That is, the product in such a claim is unpatentable if it is the same as or obvious from the product of the prior art, even if the prior product was made by a different process. A product-by-process limitation adds no patentable distinction to the claim, and is unpatentable if the claimed product is the same as a product of the prior art. See MPEP 2113.
In this case, the bonding of the barrier in position achieves the fixing of the barrier in position which is already achieved by Beale as previously discussed in the rejection of claim 9.
Regarding claim 11, Beale states that the water inlet is located in an upper portion of the bowl (Fig. 1, 3; Para. 0019).
Regarding claim 12, Beale states that the water inlet passage is entirely or partially enclosed within a material of the water closet pan (Figs. 3A, 4; Paras. 0052-0053).
Regarding claim 13, Beale states that the outlet (18) is located in a base portion of the bowl (Fig. 1).
Regarding claim 14, Beale states that the outlet passage is entirely or partially enclosed within a material of the water closet pan (Para. 0052-0053 – Pan is molded with conduits/passages formed in the casting; Figs. 1A, 3A).
Regarding claim 15, Beale states that the refill passage is connectable to a source of water for flushing (Para. 0038).
Regarding claim 16, Beale states that the outlet passage is for removing waste from the pan and is a pipe (Fig. 1) and as such would be connectable to a waste pipe.
Regarding claim 17, Beale states that the smooth convex rim of the bowl is adapted so that it does not provide a purchase point (Para. 005-006, 0025).
Regarding claim 18, Beale states that the pan is adapted for use without a separate seat (Para. 0025).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Beale in view of Marshall as applied to claim 1 above, and further in view of US 11,021,861 (Muellenbach).
Regarding claim 6, Beale does not state that the pan includes a reservoir in fluid communication with the refill passage.
Muellenbach teaches a water closet (100) comprising a refill passage (108/110) for receiving water from a water source for refilling the toilet and a water inlet passage (322) connected to water inlets (326). Muellenbach further teaches that the provision of a water reservoir (300) in fluid connection with the refill passage for collecting water for use with refilling the toilet (C4 L50-67).
It would have been obvious to one of ordinary skill in the art to provide a water reservoir in fluid connection with the refill passage, as taught by Muellenbach, so as to ensure that upon completion of a flush cycle sufficient water is supplied to the toilet to ensure a water seal is formed.
Claim 16 is rejected in the alternate under 35 U.S.C. 103 as being unpatentable over Beale in view of Marshall as applied to claim 1 above, and further in view of US 3,576,038 (Dirks).
Regarding claim 16, Beale states that the outlet passage is for removing waste from the pan and is a pipe (Fig. 1) however it doesn’t explicitly state the inclusion of or connection to a waste pipe.
Dirks teaches a water closet for use in correctional facilities or other locations requiring anti-tampering features. The water closet comprises a pan (B) with an outlet (24) opening to an outlet passage (31) which is connectable through threads (33a) to a waste pipe (D/F).
It would have been obvious to one of ordinary skill in the art to configure the outlet passage to be connectable to a waste pipe, as taught by Dirks, so as to facilitate connecting the pan to a sewage system, tank or other waste removing system to discharge the flushed water and waste during use of the toilet.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 1,116,323 (Payne) teaches a water closet pan with a siphonic bypass incorporated into the pan and enclosed within the pan walls.
US 1,928,717 (Campus) teaches a water closet pan with siphonic bypass coupling point enclosed within the pan walls for connecting a separate siphonic bypass pipe.
US 4,195,374 (Morris) teaches a water closet pan for use in correctional facilities comprising a rim which serves as a seat, a refill passage, a water inlet passage, an outlet passage, a siphonic bypass connecting the inlet passage and outlet passage and a barrier between the water inlet passage and water inlets of the bowl.
US 9,719,239 (Bhardwaj) is a toilet comprising a smooth convex rim, a refill passage, an inlet passage and an outlet passage.
US 9,732,506 (Stack) teaches a toilet pan comprising pan walls which fully enclose the internal and connected fluid conduits of the toilet.
US 9,938,704 (DeLoache) is a water closet pan configured to be ligature resistant.
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