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 .
Allowable Subject Matter
Claims 8, 13, and 14 are 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.
Priority
Acknowledgement is made of applicant’s claim for foreign priority under 35 U.S.C. 119(a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 7/17/2025 was filed prior to the mailing date of this Office Action. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-7, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. US 10215288 (“Wilson”) in view of Testori FR 3076843B1 (“Testori”) EPO machine translation.
Regarding Claim 1, Wilson discloses a flushometer system (ann. fig. 5B) comprising: a valve body (110) having an inlet (80), an outlet (90), and an actuation opening (105); a main valve seat assembly (150) disposed in the valve body (110) between the inlet (80) and the outlet (90); a piston assembly (210) slidably disposed within the valve body (110) and configured for sealing the main valve seat assembly (150) and moving to permit liquid to flow through the main valve seat assembly (150); an actuation module (310) engaged with the valve body (110), wherein a relief chamber (201) is defined between the actuation module (310) and the piston assembly (210), the actuation module (310) configured to vent the relief chamber upon actuation (col. 10 lines 4-11 discloses “The relief valve stem 355 is slidable relative to the activation module passage 312, allowing the lower stem seal 357 to be unseated and placing the relief chamber 201 in fluid communication with the activation module passage 312 and ultimately through the activation module passage 312 to the exhaust chamber 370 and through the venting journal 108 to the outlet, and, thus, the venting the relief chamber 201 to the outlet 90.”), wherein the actuation module (310) comprises a first plunger and a second plunger, wherein the first plunger is moveable to vent the relief chamber such that the piston assembly is configured to move a first distance from the main valve seat assembly to permit a first flush volume to flow through the main valve seat assembly, wherein the second plunger is moveable to vent the relief chamber such that the piston assembly is configured to move a second distance from the main valve seat assembly that is smaller than the first distance to permit a second flush volume to flow through the main valve seat assembly, and wherein the second flush volume is smaller than the first flush volume.
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ANNOTATED FIGURES 5B and 14
Wilson discloses the claimed invention, except the actuation module (310) comprises a first plunger and a second plunger, wherein the first plunger is moveable to vent the relief chamber such that the piston assembly is configured to move a first distance from the main valve seat assembly to permit a first flush volume to flow through the main valve seat assembly, wherein the second plunger is moveable to vent the relief chamber such that the piston assembly is configured to move a second distance from the main valve seat assembly that is smaller than the first distance to permit a second flush volume to flow through the main valve seat assembly, and wherein the second flush volume is smaller than the first flush volume.
Testori teaches an actuation module (buttons 57, 58, rod 24, and springs 51, 35) comprises a first plunger (57) and a second plunger (53), wherein the first plunger (57) is moveable to vent a relief chamber (5) such that a piston assembly (16) is configured to move a first distance from the main valve seat assembly (12) to permit a first flush volume (volume of water during the long delay, “ a second button 57 said control button for long delay, to perform a large flushing”) to flow through the main valve seat assembly, wherein the second plunger (53) is moveable to vent the relief chamber such that the piston assembly is configured to move a second distance from the main valve seat assembly that is smaller than the first distance to permit a second flush volume (volume of water during the short delay, “first button 53 called control button for short time delay”) to flow through the main valve seat assembly, and wherein the second flush volume (large flushing) is smaller than the first flush volume (flushing during short time delay). (“The inner part of the cap 42 includes a thread 47 into which is screwed an adjustment ring 48, which has an inner skirt 49 and receives, in the upper part 50, a spring 51 which is housed around the inner skirt 49. L 'upper end of the spring 51 comes to bear in an internal housing 52 of a first button 53 called control button for short time delay, to perform a small rinsing, this first button 53 comprising an internal skirt 54 which is preferably adjusted to the interior of the inner skirt 49 of the adjustment ring 48, and the upper face of this first button 53 has an apparent sector 55, preferably domed, which passes through the preferably domed upper part of the cap 42. Advantageously, the upper part of the first control button 53 includes a second sector 56 preferably curved located at a lower level relative to the apparent sector 55 of the first control button 53; a second button 57 said control button for long delay, to perform a large flushing, covers the lower sector 56 of the first button 53, this second button 57 comprising an axial stud 58 which is inserted in a lumen 59 formed in the lower sector 56 of the first button 53. The lower part of the axial stud 58 has a pin 60, a space being provided between the upper part of this pin 60 and the internal face 61 of the first button 53. In this way, when pressing the first button 53 an initial stroke of the first button 53 is carried out before the second button 57 is driven by the contact of the internal face 61 of the first button with the upper part of the lug 60. The internal part of the cap 42 has a shoulder 62 located above the internal thread 47, and the second button 57 comprises a skirt sector 63 which sector carries at the top tenons 64, 64 'which, when the system is at rest, come into contact with the shoulder 62 located at the bottom of the bore of the cap 42. Preferably, the tenons 64, 64 ’can slide in vertical grooves 65, 65’ formed across the tapping 47 of the cap 42. The visible convex sector 55 of the first button 53 comprises, in front of it, a first flat 66 which cooperates with a second flat 67 formed in the top opening 68 of the cap 42; the front part of the visible bomb sector 55 of the first button 53 substantially exceeds, for example by 2 millimeters, the top front part 69 of the cap 42 so as to facilitate and favor the operation of the first button 53 for controlling the small rinsing. When the system is at rest, the lower part of the axial stud 58 of the second button 57 is flush with the upper part 36 of the control rod 24. When any of the control buttons 53 and 57 is pressed, the lower face 70 of the first button 53 comes into contact with the upper face 71 of the adjustment ring 48. The travel of the control buttons will therefore be more or less deep , depending on whether the adjusting ring 48 has been more or less screwed into the cap 42, the device thus making it possible to modify the stroke length of the auxiliary piston 18 and to adjust the timing of the flush valve to obtain the volume of water optimal rinsing.” Testori, EPO machine translation).
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have substituted the actuation module with a single button, as disclosed by Wilson, by using an actuation module with two buttons that actuate a main valve seat, as taught by Testori, for the purpose of using a dual timing actuators that allows a short time and a long time for a main valve seat. Dual actuation saves water with a smaller flush for a liquid waste.
Regarding Claim 2, Wilson discloses a sleeve (170) adjustably engageable with the valve body (110), the sleeve (170) movable relative to the valve body (110) to be engaged and disengaged from the main valve seat assembly (150), wherein the piston assembly (210) is slidably disposed within the sleeve (170), and the relief chamber (201) is defined within the sleeve (170).
Regarding Claim 3, Wilson discloses the actuation module (310) is removably engageable with the sleeve (170).
Regarding Claim 4, Wilson discloses the inlet (80) and outlet (90) have a vertical axis (ann. fig. 5B) running therethrough and the actuation opening (105) is perpendicular (see ann. fig. 5B) to the vertical axis and defines a horizontal axis (ann. fig. 5B).
Regarding Claim 5, Testori teaches the first plunger (53) has a central passage extending therethrough, and the second plunger (57) is slidably disposed within the central passage of the first plunger (53).
Regarding Claim 6, Testori teaches the first plunger (53) is moveable independently of the second plunger (57) (see fig. 4).
Regarding Claim 7, Testori teaches movement of the second plunger (57) is configured to cause movement of the first plunger (53)(see fig. 3) to vent the relief chamber (“a second button 57 said control button for long delay, to perform a large flushing, covers the lower sector 56 of the first button 53,” Testori, EPO machine translation).
Regarding Claim 9, Testori teaches a first biasing member (51) configured to bias the first plunger (53) away from the piston assembly (210) and a second biasing member (35) configured to bias the second plunger (57) away from the piston assembly (210).
Regarding Claim 10, Wilson discloses the piston assembly (210) further comprises a piston (220) configured to move away from the main valve seat assembly (150) when the relief chamber (201) is vented and a flow control (270) extending from the piston assembly (210) into the main valve seat assembly (150).
Claims 11, 12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wilson et al. US 10215288 (“Wilson”) in view of Testori FR 3076843B1 (“Testori”) EPO machine translation in further view of Braendli DK3098357T3 (“Braendli”).
Regarding Claim 11, Wilson discloses face plate assembly (410, ann. fig. 14) configured for manual actuation of a flushometer (Abstract, 10, valve body 110) mounted within or behind a wall surface (behind-the-wall installation, Abstract), the manual flushometer having a first plunger (355), the face plate assembly (410) comprising: a face plate (470) configured for mounting on the wall surface; a mounting ring (420) mounted behind the face plate (470) and configured to be engaged with the flushometer; and an actuator assembly (450) comprising a first actuator (450) pivotably mounted on the mounting ring (420) and positioned within an opening (ann. fig. 14) in the face plate (470), wherein the first actuator (450) has a first actuation member (450) configured to operably engage the first plunger (355) move the first plunger (355) when the first actuator (450) is pivoted toward the flushometer (valve body 110).
Wilson discloses the claimed invention, except a first plunger and a second plunger; and an actuator assembly comprising a second actuator pivotably mounted on the mounting ring and positioned within an opening in the face plate, and wherein the second actuator has a second actuation member configured to operably engage the second plunger move the second plunger when the second actuator is pivoted toward the flushometer.
Testori teaches an actuation assembly (buttons 57, 53, rod 24, and springs 51, 35) comprising a first plunger (inner skirt of button 57) and a second plunger (58), wherein the first plunger (inner skirt of button 57); and wherein the second actuator (53) has a second actuation member (53) configured to operably engage the second plunger (58) move the second plunger when the second actuator is moved toward the flushometer. (“The inner part of the cap 42 includes a thread 47 into which is screwed an adjustment ring 48, which has an inner skirt 49 and receives, in the upper part 50, a spring 51 which is housed around the inner skirt 49. L 'upper end of the spring 51 comes to bear in an internal housing 52 of a first button 53 called control button for short time delay, to perform a small rinsing, this first button 53 comprising an internal skirt 54 which is preferably adjusted to the interior of the inner skirt 49 of the adjustment ring 48, and the upper face of this first button 53 has an apparent sector 55, preferably domed, which passes through the preferably domed upper part of the cap 42. Advantageously, the upper part of the first control button 53 includes a second sector 56 preferably curved located at a lower level relative to the apparent sector 55 of the first control button 53; a second button 57 said control button for long delay, to perform a large flushing, covers the lower sector 56 of the first button 53, this second button 57 comprising an axial stud 58 which is inserted in a lumen 59 formed in the lower sector 56 of the first button 53. The lower part of the axial stud 58 has a pin 60, a space being provided between the upper part of this pin 60 and the internal face 61 of the first button 53. In this way, when pressing the first button 53 an initial stroke of the first button 53 is carried out before the second button 57 is driven by the contact of the internal face 61 of the first button with the upper part of the lug 60. The internal part of the cap 42 has a shoulder 62 located above the internal thread 47, and the second button 57 comprises a skirt sector 63 which sector carries at the top tenons 64, 64 'which, when the system is at rest, come into contact with the shoulder 62 located at the bottom of the bore of the cap 42. Preferably, the tenons 64, 64 ’can slide in vertical grooves 65, 65’ formed across the tapping 47 of the cap 42. The visible convex sector 55 of the first button 53 comprises, in front of it, a first flat 66 which cooperates with a second flat 67 formed in the top opening 68 of the cap 42; the front part of the visible bomb sector 55 of the first button 53 substantially exceeds, for example by 2 millimeters, the top front part 69 of the cap 42 so as to facilitate and favor the operation of the first button 53 for controlling the small rinsing. When the system is at rest, the lower part of the axial stud 58 of the second button 57 is flush with the upper part 36 of the control rod 24. When any of the control buttons 53 and 57 is pressed, the lower face 70 of the first button 53 comes into contact with the upper face 71 of the adjustment ring 48. The travel of the control buttons will therefore be more or less deep , depending on whether the adjusting ring 48 has been more or less screwed into the cap 42, the device thus making it possible to modify the stroke length of the auxiliary piston 18 and to adjust the timing of the flush valve to obtain the volume of water optimal rinsing.” Testori, EPO machine translation).
It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have substituted the actuation module with a single button, as disclosed by Wilson, by using an actuation module with two buttons that actuate a main valve seat, as taught by Testori, for the purpose of using a dual timing actuators that allows a short time and a long time for a main valve seat. Dual actuation saves water with a smaller flush for a liquid waste.
Wilson as modified by Testori discloses the claimed invention, except a second actuator is pivotally mounted on the mounting ring.
Braendli teaches a first (4 by pin 8, see fig. 5b) and second (3 by pin 7, see fig. 5c) actuators are pivotally mounted to a mounting ring (2).
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BRAENDI – FIGURE 2
It would have been obvious to one having ordinary skill prior to the time of the effective filing date to have modified the actuator for the second plunger, as disclosed by Wilson as modified above, by using a pivotally connected first and second actuators, as taught by Braendli, for the purpose of allowing a first and second actuator to move from an initial position to an inspection position where the first and second actuators are pivoted away from the valve body.
Regarding Claim 12, Testori teaches the first actuator (button 57) overlies a portion (see fig. 3) of the second actuator (button 53). It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have substituted the actuation module with a single button, as disclosed by Wilson, by using an actuation module with two buttons that actuate a main valve seat, as taught by Testori, for the purpose of using a dual timing actuators that allows a short time and a long time for a main valve seat. Dual actuation saves water with a smaller flush for a liquid waste.
Regarding Claim 15, Testori teaches the first actuator (button 57) has an additional first actuation member (58), wherein the second actuator (button 53) has a slot (slot for 58), and the additional first actuation member (58) is received through the slot and configured to operably engage the first plunger (36) through the slot. It would have been obvious to one having ordinary skill in the art at a time prior to the effective filing date to have substituted the actuation module with a single button, as disclosed by Wilson, by using an actuation module with two buttons that actuate a main valve seat, as taught by Testori, for the purpose of using a dual timing actuators that allows a short time and a long time for a main valve seat. Dual actuation saves water with a smaller flush for a liquid waste.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Demczewski US 12442168, Guler et al. US 20110155934, Filliung et al. US 3008683, Billeter et al. US 3695288, Sievers US 3806962, Bailet US 4956880, Hamarstedt US 5659903, Plas US 6163897, and Parsons US 6425145 disclose flush valves.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Daphne Barry whose telephone number is (571)272-9966 and fax number is (571) 273-9966. The examiner can normally be reached on Monday through Friday 9 AM-6 PM (eastern).
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor either Kenneth Rinehart can be reached at (571) 272-4881 or Craig Schneider can be reached at (571) 272-3607. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DAPHNE M BARRY/Primary Examiner, Art Unit 3753