DETAILED ACTION
This Office Action is responsive to application number 18/597,663 - MODULAR PANEL TOILET, filed on 3/6/24. Claims 17-36 are pending. Claims 1-16 have been canceled.
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 III in the reply filed on 12/2/25 is acknowledged.
Claim Objections
Claim 21 is objected to because of the following informalities: Claim 21 does not end with a period. Appropriate correction is required.
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.
Claims 25-36 are 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 Claims 25 and 34, line 4 and line 3, respectively, “a toilet” is indefinite as it is unclear if this is the previously recited toilet.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 17-21 and 23 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Plate et al. (US Pub. 2014/0373263).
Regarding Claim 17 Plate shows a controller (120; Fig. 1C) for a toilet, the controller comprising: a first interface (180; Fig. 1C) connected to a foot input (¶ [0028]; a sensor that detects a user’s foot); a second interface (150; Fig. 1C) connect to a manual input (¶ [0060]; button on control panel (¶ [0065])); and a third interface (140; Fig. 1C) connected to a wireless input (¶ [0060]; Fig. 7A; remote control); and wherein the controller is configured to generate a valve command in response to the foot input, the manual input, or the wireless input (¶ [0060]; valve command is inherent in flushing as conventional toilet systems include a flush valve as detailed in ¶ [0003]) (¶ [0061, 0062, 0065, 0079, 0094]).
Regarding Claim 18 Plate shows the controller of claim 17, further comprising: a fourth interface connected to a sensor configured to detect presence of a user or motion of the user (¶ [0082]; may include two or more sensors 180; proximity sensor and foot sensor which acts as a proximity sensor; with two or more sensors, there would be an additional interface that coincides with enabling and disabling proximity sensor; as detailed in ¶ [0082] and Fig. 8).
Regarding Claim 19 Plate shows the controller of claim 17, wherein the foot input, the manual input, or the wireless input indicates a volume of water (¶ [0095]; Full-Flush; Fig. 7A on the remote control/wireless input).
Regarding Claim 20 Plate shows the controller of claim 17, wherein the foot input, the manual input, or the wireless input indicates a partial flush (¶ [0095]; Eco-Flush; Fig. 7A on the remote control/wireless input).
Regarding Claim 21 Plate shows the controller of claim 17, wherein the wireless input corresponds to a remote control (200; Fig. 7A; ¶ [0064; 0065; 0068; 0072; 0073; 0094-0096]).
Regarding Claim 23 Plate shows the controller of claim 17, wherein the manual input corresponds to a touch sensor (¶ [0065]).
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) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Plate et al. (US Pub. 2014/0373263).
Regarding Claim 22 Plate shows the controller of claim 17, but fails to specifically show wherein the manual input corresponds to a touch screen. However, Plate details that the remote control device includes a touch screen ( ¶ [0095] claims 15 & 16). Therefore because Plate suggests using a touch screen display for the remote controlling device (wireless input) it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Plate to include a touch screen display for the manual input/control panel for the ease of user input as suggested by Plate.
Claim(s) 24-32, 34 and 35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Plate et al. (US Pub. 2014/0373263) in view of Clements (US Pub. 2015/0000026).
Regarding Claim 24 Plate shows the controller of claim 17, wherein the controller is configured to generate
Regarding Claim 25 Plate shows a toilet (100) comprising: connected to a wireless input (¶ [0060]; Fig. 7A; remote control), wherein the controller is configured to generate a command for the
Regarding Claim 26 Plate shows the toilet of claim 25, further comprising: a fourth interface connected to a sensor configured to detect presence of a user or motion of the user (¶ [0082]; may include two or more sensors 180; proximity sensor and foot sensor which acts as a proximity sensor; with two or more sensors, there would be an additional interface that coincides with enabling and disabling proximity sensor; as detailed in ¶ [0082] and Fig. 8).
Regarding Claim 27 Plate shows the toilet of claim 25, wherein the foot input, the manual input, or the wireless input indicates a volume of water (¶ [0095]; Full-Flush; Fig. 7A on the remote control/wireless input).
Regarding Claim 28 Plate shows the toilet of claim 25, wherein the foot input, the manual input, or the wireless input indicates a partial flush (¶ [0095]; Eco-Flush; Fig. 7A on the remote control/wireless input).
Regarding Claim 29 Plate shows the toilet of claim 25, wherein the wireless input corresponds to a remote control (200; Fig. 7A; ¶ [0064; 0065; 0068; 0072; 0073; 0094-0096]).
Regarding Claim 30 Plate shows the toilet of claim 25, but fails to specifically show wherein the manual input corresponds to a touch screen. However, Plate details that the remote control device includes a touch screen ( ¶ [0095] claims 15 & 16). Therefore because Plate suggests using a touch screen display for the remote controlling device (wireless input) it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Plate to include a touch screen display for the manual input/control panel for the ease of user input as suggested by Plate.
Regarding Claim 31 Plate shows the toilet of claim 25, wherein the manual input corresponds to a touch sensor (¶ [0065]).
Regarding Claim 32 Plate shows the toilet of claim 25, but fails to show wherein the controller is configured to generate a motor command for a toilet seat in response to the foot input, the manual input, or the wireless input. Plate shows a command for a toilet seat in response to an input, but fails to detail that the command is a motor command, with the toilet having a toilet seat motor. However, motors are conventionally used for moving seats and lids automatically. Clements shows an automatic seat raising and lowering system that uses a toilet seat motor (136) that is commanded by a controller (¶ [0111]). 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 Plate to include the seat raising and lowering command, command a motor for the purpose of conventional automatic actuation of the seat and lid as shown by Clements.
Regarding Claim 34 Plate shows a toilet (100) comprising:
Regarding Claim 35 Plate shows the toilet of claim 34, further comprising; a fourth interface connected to a sensor configured to detect presence of a user or motion of the user (¶ [0082]; may include two or more sensors 180; proximity sensor and foot sensor which acts as a proximity sensor; with two or more sensors, there would be an additional interface that coincides with enabling and disabling proximity sensor; as detailed in ¶ [0082] and Fig. 8).
Allowable Subject Matter
Claims 33 and 36 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chen (CN 215367629U) shows a kick button for actuating flushing; Wu (AU 2021103588 A4) shows a toilet with three actuation interfaces.
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 Monday thru Thursday, 9:30 AM to 6PM EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 2/24/2026