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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 4/24/2026 has been entered.
Response to Arguments
Applicant's arguments filed 4/24/2026 have been fully considered but they are not persuasive. Applicant argues JP 6668877 fails to disclose the amended limitations of the water spout part includes a first water inflow part with an outer circumferential surface that includes a protruding part, the vacuum breaker includes a water outflow port with an outer circumferential surface that includes a recessed part, and the protruding part and the recessed part are engaged with each other as recited in claim 3 (Applicant Arguments/Remarks, p. 7-8). Examiner disagrees and notes the water spout part has been interpreted to include elements 671-672 presented below; therefore, the water spout part includes a first water inflow part (671 including the section near 602 shown in Fig. 4A inserted into the port of 680) with an outer circumferential surface (outer surface of 671) that includes a protruding part (protruding part of the surface of the 671 and the section near 602 shown in Fig. 4A) engaging with a recessed part (recessed part of the port connecting 671 to 680; best seen in Fig. 4A near numeral 650b) of the vacuum breaker (see Fig. 2A, 3A, 4A-4B).
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) 3 and 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP 6919821 (machine translation provided 7/16/2025) in view of JP 6668877 (machine translation provided 7/16/2025).
Regarding claim 3, JP 6919821 discloses a urinal, comprising:
a bowl part (6) that receives urine;
a water spout part (28) that spouts washing water to the bowl part;
a functional part (4) that supplies washing water to the water spout part; and
a housing part (20) that is formed on an upper part of the bowl part at a back side thereof and houses the functional part therein (see Fig. 2).
However, JP 6919821 does not disclose wherein the functional part includes: a vacuum breaker that is provided in a water supply channel to the water spout part and prevents a backward flow of sewage water from the water spout part; and a diaphragm that is provided at an upstream side of the vacuum breaker and switches between a water stop state where the water supply channel is closed and a water supply state where the water supply channel is opened, and the vacuum breaker is arranged above the diaphragm, wherein the vacuum breaker is fixed to the water spout part the water spout part includes a first water inflow part with an outer circumferential surface that includes a protruding part, the vacuum breaker includes a water outflow port with an outer circumferential surface that includes a recessed part, and the protruding part and the recessed part are engaged with each other as claimed.
JP 6668877 discloses a wash water supply device and flush toilet wherein the functional part (600) includes:
a vacuum breaker (680) that is provided in a water supply channel (320) to the water spout part (212, 671-672, 684; see Fig. 1-3B and 5A-B) and prevents a backward flow of sewage water from the water spout part (¶ 0029); and
a diaphragm (640) that is provided at an upstream side of the vacuum breaker (see Fig. 1) and switches between a water stop state where the water supply channel is closed and a water supply state where the water supply channel is opened (¶ 0027-0028), and
the vacuum breaker is arranged above the diaphragm (see Fig. 1 and 4A-B),
wherein the vacuum breaker is fixed to the water spout part (see Fig. 1-3B and 5A-B);
the water spout part includes a first water inflow part (671 including the section near 602 shown in Fig. 4A inserted into the port of 680) with an outer circumferential surface (outer surface of 671) that includes a protruding part (protruding part of the surface of the 671 and the section near 602 shown in Fig. 4A),
the vacuum breaker includes a water outflow port (port connecting 671 to 680; shown in Fig. 3A near numeral 664) with an outer circumferential surface (outer surface of the port connecting 671 to 680) that includes a recessed part (recessed part of the port connecting 671 to 680; best seen in Fig. 4A near numeral 650b), and
the protruding part and the recessed part are engaged with each other (see Fig. 2A, 3A, 4A-4B). It would have been obvious to one of ordinary skill in the art to have modified the functional part of JP 6919821, to include a vacuum breaker and a diaphragm as claimed, as taught by JP 6668877, in order to prevent backflow of washing water (¶ 0029).
Regarding claim 9, the combination above and specifically JP 6919821 further discloses wherein the functional part further comprises an electricity generation part (146) that is provided at an upstream side of the vacuum breaker and generates electricity by using a flow of washing water in the water supply channel (¶ 0044; Fig. 8).
Regarding claim 10, the combination above and specifically JP 6668877 further discloses wherein the vacuum breaker comprises:
a water passage channel (681) that includes a water inflow port at an upstream side thereof and a water outflow port at a downstream side thereof (see Fig. 3),
an atmospheric air introduction port (682) that communicates between the water passage channel and an outside thereof (¶ 0043-0046), and
a valve body (683) that is provided in the water passage channel and that is moved along a vertical direction by a hydraulic pressure of washing water to communicate between the water inflow port and the water outflow port at a time of water passage and communicate between the water passage channel and the atmospheric air introduction port at a time of no water passage (¶ 0043-0046).
Regarding claim 11, the combination above and specifically JP 6668877 further discloses wherein: the vacuum breaker further comprises a water receiving part (connection of 390) that receives washing water that overflows from the atmospheric air introduction port (see Fig. 1 and 3B); and
the water receiving part comprises:
a water discharge port (port of the connection of 390) that discharges received washing water, and
a wall part (wall part of the connection of 390) that is formed to surround the water discharge port.
Regarding claim 12, the combination above and specifically JP 6668877 further discloses wherein the water receiving part is formed in such a manner that a bottom surface part (bottom surface part of 684) that receives washing water slopes downward toward the atmospheric air introduction port (see Fig. 1 and 3B).
Regarding claim 13, the combination above and specifically JP 6668877 further discloses wherein the water spout part comprises:
a first water spout hole (212) that spouts washing water that is supplied from the water supply channel, to the bowl part (see Fig. 1), and
a second water spout hole (hole of 684) that spouts washing water that is supplied from the water receiving part through the water discharge port, to the bowl part (see Fig. 1 and 3B).
Regarding claim 14, the combination above and specifically JP 6668877 further discloses wherein the second water spout hole is provided above the first water spout hole (see Fig. 1 and 3B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Friday 11AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P 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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/WILLIAM R KLOTZ/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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