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 .
Response to Arguments
Applicant's arguments filed 10/16/2025 have been fully considered but they are not persuasive. Applicant argues JP 6668877 fails to teach the vacuum breaker is fixed to the water spout part and fails to teach a water spout part that spouts washing water to the bowl part as recited in amended claim 3 (Applicant Arguments/Remarks, p. 4-5). Examiner disagrees. Elements 212 and 684 of JP 6668877 meet the limitation of “a water spout part” as claim 3 only requires that the water spout part spouts washing water to the bowl part and JP 6668877 teaches elements 212 and 684 spout washing water to the bowl part via elements 340, 370, 380, and 390 (see Fig. 1). Furthermore, claim 3 only requires that the vacuum breaker is fixed to the water spout part; element 680 of JP 6668877 is shown as fixed to elements 212 and 684 as the elements of the flush toilet 100 and the toilet body 200 are shown to be securely placed or fastened as shown in Fig. 1-3B and 5A-B. Therefore, absent further limitation, the combination meets the claim. The new and amended claims are addressed as set forth in the rejections below.
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 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, 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). 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
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.
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-Thursday 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