Prosecution Insights
Last updated: October 27, 2026
Application No. 18/609,959

FLUSH TOILET

Non-Final OA §103
Filed
Mar 19, 2024
Priority
Sep 28, 2018 — provisional 62/738,428 +1 more
Examiner
KLOTZ, WILLIAM R
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kohler Co.
OA Round
3 (Non-Final)
39%
Grant Probability
At Risk
3-4
OA Rounds
6m
Est. Remaining
94%
With Interview

Examiner Intelligence

Grants only 39% of cases
39%
Career Allowance Rate
111 granted / 282 resolved
-30.6% vs TC avg
Strong +55% interview lift
Without
With
+54.9%
Interview Lift
resolved cases with interview
Typical timeline
3y 1m
Avg Prosecution
24 currently pending
Career history
313
Total Applications
across all art units

Statute-Specific Performance

§101
0.5%
-39.5% vs TC avg
§103
47.3%
+7.3% vs TC avg
§102
21.7%
-18.3% vs TC avg
§112
26.8%
-13.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 282 resolved cases

Office Action

§103
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/10/2026 has been entered. Response to Arguments Applicant's arguments with respect to claim(s) 1-4 and 6-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. 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) 1-4 and 6-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kamiya (JP 2011012508; machine translation provided 8/14/2025) in view of Kondo (JP 4518017; machine translation attached). Regarding claim 1, Kamiya discloses a toilet bowl comprising: a rim (16); and a shelf (14) coupled to at least one water passage (31L); wherein together the rim and the shelf form an inset channel (12A-B) that extends along a perimeter (perimeter of 11) of the toilet bowl in a flow direction and a height (height of 12A-B) of the inset channel, between the rim and the shelf, decreases in the flow direction (see Fig. 3-5), wherein the height of the inset channel corresponds to a reduction in an amount of water to sustain a vortex or swirl along the perimeter of the toilet bowl (¶ 0022, 0027, 0029, 0038). However, Kamiya does not disclose a thickness of the rim increases so that a lower surface of the rim slopes downwardly toward the shelf as claimed. Kondo discloses a western-style toilet wherein a thickness (thickness of 10d) of the rim (10d) increases so that a lower surface (10u) of the rim slopes downwardly toward the shelf (10a; see Fig. 7-10). It would have been obvious to one of ordinary skill in the art to have modified the thickness of the rim of Kamiya, to increase so that a lower surface of the rim slopes downwardly toward the shelf as claimed, as taught by Kondo, to reliably prevent washing water from jumping out of the toilet (p. 6, ll. 3-13). Regarding claim 2, the combination above and specifically Kamiya further discloses the inset channel is open to a waste receiving surface (surface of 11) of the toilet bowl (see Fig. 5). Regarding claim 3, the combination above and specifically Kamiya further discloses the height of the inset channel is configured to reduce fluid losses in the flow direction (¶ 0022, 0027, 0029, 0038). Regarding claim 4, the combination above and specifically Kamiya further discloses the height of the inset channel allows water to move a longer distance through the inset channel (¶ 0022, 0027, 0029, 0038). Regarding claim 6, the combination above and specifically Kamiya further discloses the height of the inset channel at a beginning of the inset channel and the beginning of the inset channel is followed by a sharp curve (curve of 17A) along the perimeter of the toilet bowl in an area (area near T) near a front (T) of the toilet bowl (see Fig. 2-5). Regarding claim 7, the combination above and specifically Kamiya further discloses the inset channel includes a first portion (first portion of 12A-B that extends between 14 and the region near T) that extends between the shelf and a forward region (region near T) through a central axis (M) through the toilet bowl (see Fig. 2-5). Regarding claim 8, the combination above and specifically Kamiya further discloses the inset channel includes a second portion (portion of 12A-B between the region near T and the downstream end of 12A-B) that extends between the forward region and a downstream end (downstream end of 12A-B) of the inset channel (see Fig. 2-5). Regarding claim 9, the combination above and specifically Kamiya further discloses the height of the first portion is approximately constant along a length of the first portion (see Fig. 5). Regarding claim 10, the combination above and specifically Kamiya further discloses the height of the second portion decreases continuously along a length of the second portion (see Fig. 3). Regarding claim 11, the combination above and specifically Kamiya further discloses the inset channel includes a compound radius (radius of 13 and radius of 15; Fig. 4). Regarding claim 12, the combination above and specifically Kamiya further discloses the compound radius includes an outer radius (radius of 13) at least two times in curvature of an inner radius (radius of 15; Fig. 4). Regarding claim 13, Kamiya discloses a toilet bowl comprising: a rim (16); and a fluvial terrace (14) coupled to at least one water passage (31L); wherein together the rim and the fluvial terrace form an inset channel (12A-B) that extends along a perimeter (perimeter of 11) of the toilet bowl in a flow direction and a height (height of 12A-B) of the inset channel, between the rim and the fluvial terrace, decreases in the flow direction (see Fig. 3-5), wherein the height of the inset channel corresponds to a reduction in an amount of water to sustain a vortex or swirl along the perimeter of the toilet bowl (¶ 0022, 0027, 0029, 0038). However, Kamiya does not disclose a thickness of the rim increases so that a lower surface of the rim slopes downwardly as claimed. Kondo discloses a western-style toilet wherein a thickness (thickness of 10d) of the rim (10d) increases so that a lower surface (10u) of the rim slopes downwardly (see Fig. 7-10). It would have been obvious to one of ordinary skill in the art to have modified the thickness of the rim of Kamiya, to increase so that a lower surface of the rim slopes downwardly as claimed, as taught by Kondo, to reliably prevent washing water from jumping out of the toilet (p. 6, ll. 3-13). Regarding claim 14, Kamiya discloses a toilet, comprising: a toilet bowl (11) comprising a rim (16); and a shelf (14) located below the rim and spaced apart from the rim (see Fig. 3-5), the rim and the shelf forming an inset channel (12A-B) that extends along at least a portion of a perimeter (perimeter of 11) of the toilet bowl, wherein a height (height of 12A-B) of the inset channel, between the rim and the shelf, decreases continuously in a flow direction (see Fig. 3-5), wherein the height of the inset channel corresponds to a reduction in an amount of water to sustain a vortex or swirl along the perimeter of the toilet bowl (¶ 0022, 0027, 0029, 0038). However, Kamiya does not disclose a thickness of the rim increases so that a lower surface of the rim slopes downwardly as claimed. Kondo discloses a western-style toilet wherein a thickness (thickness of 10d) of the rim (10d) increases so that a lower surface (10u) of the rim slopes downwardly (see Fig. 7-10). It would have been obvious to one of ordinary skill in the art to have modified the thickness of the rim of Kamiya, to increase so that a lower surface of the rim slopes downwardly as claimed, as taught by Kondo, to reliably prevent washing water from jumping out of the toilet (p. 6, ll. 3-13). Regarding claim 15, the combination above and specifically Kamiya further discloses the inset channel is open to a waste receiving surface (surface of 11) of the toilet bowl (see Fig. 5). Regarding claim 16, the combination above and specifically Kamiya further discloses the height of the inset channel is configured to reduce fluid losses in the flow direction (¶ 0022, 0027, 0029, 0038). Regarding claim 17, the combination above and specifically Kamiya further discloses the height of the inset channel at a beginning of the inset channel and the beginning of the inset channel is followed by a sharp curve (curve of 17A) along the perimeter of the toilet bowl in an area (area near T) near a front (T) of the toilet bowl (see Fig. 2-5). Regarding claim 18, the combination above and specifically Kamiya further discloses the inset channel includes a first portion (first portion of 12A-B that extends between 14 and the region near T) that extends between the shelf and a forward region through a central axis (M) through the toilet bowl (see Fig. 2-5) and a second portion (portion of 12A-B between the region near T and the downstream end of 12A-B) that extends between the forward region and a downstream end (downstream end of 12A-B) of the inset channel (see Fig. 2-5). Regarding claim 19, the combination above and specifically Kamiya further discloses the height of the first portion is approximately constant along a length of the first portion (see Fig. 5) and the height of the second portion decreases continuously along a length of the second portion (see Fig. 3). Regarding claim 20, the combination above and specifically Kamiya further discloses the inset channel includes a compound radius (radius of 13 and radius of 15; Fig. 4) including an outer radius (radius of 13) and an inner radius (radius of 15; Fig. 4). Conclusion The prior art made of record in the PTO-892 form and not relied upon is considered pertinent to applicant's disclosure. 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. 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 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. 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. /WILLIAM R KLOTZ/Examiner, Art Unit 3754 /DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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Prosecution Timeline

Show 2 earlier events
Nov 04, 2025
Response Filed
Dec 10, 2025
Final Rejection mailed — §103
Jan 14, 2026
Applicant Interview (Telephonic)
Jan 14, 2026
Examiner Interview Summary
Feb 06, 2026
Response after Non-Final Action
Mar 10, 2026
Request for Continued Examination
Mar 26, 2026
Response after Non-Final Action
Oct 01, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
39%
Grant Probability
94%
With Interview (+54.9%)
3y 1m (~6m remaining)
Median Time to Grant
High
PTA Risk
Based on 282 resolved cases by this examiner. Grant probability derived from career allowance rate.

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