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 .
Information Disclosure Statement
The information disclosure statement filed 01/06/2026 and 01/12/2026 fail to comply with the provisions of 37 CFR 1.97(a) because it lacks the appropriate size fee set forth in 37 CFR 1.17(v). It has been placed in the application file, but the information referred to therein has not been considered as to the merits.
Election/Restrictions
Applicant’s election without traverse of Species II: Figs. 21-45 in the reply filed on 01/05/2026 is acknowledged. Applicant further elected without traverse of Group I: Claims 11-22 and 28-32 in the reply filed on 05/11/2026. Accordingly, claims 33-37 are hereby withdrawn from further consideration.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 11, 14-17, 22, and 28 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 8,205,276 (hereinafter Ge).
Regarding claim 11, Ge discloses a tank for a pressure-assist toilet flush system (see Fig. 2), the tank comprising:
a base (10B) having an outlet (about 16) configured for discharging water from the tank, the base comprising:
a pair of first sidewalls (see Fig. 3) extending downward from an upper end (about where 10B is pointing in Fig. 2) of the base along a length of the base;
a pair of second sidewalls (see Fig. 3) extending between the first sidewalls and downward from the upper end of the base; and
a bottom wall (see Fig. 3) connected to the first sidewalls and the second sidewalls, wherein the outlet is defined in the bottom wall;
a cover (10A) connected to the upper end of the base, such that the cover and the base define a cavity (see Fig. 3) configured to hold water to be discharged through the outlet; and
a tray (120) engaged with the base and positioned within the cavity, the tray having a bottom tray wall spaced upward from the bottom wall of the base.
Regarding claim 14, the tank of claim 11, wherein the tray has tray sidewalls extending upward from the bottom tray wall to define a tray cavity with an open top (see Figs. 3 and 5).
Regarding claim 15, the tank of claim 11, wherein the tray defines a closed volume (see Fig. 3).
Regarding claim 16, the tank of claim 11, wherein the tray has a fitting projection (see Fig. 5) extending outward from a periphery of the tray, such that the fitting projection is configured to resist insertion of the tray into the base in an incorrect position (see Figs. 2 & 5).
Regarding claim 17, the tank of claim 11, further comprising pegs (see Fig. 5: located at the bottom of the tray) extending upward from the bottom wall of the base and fixed to the bottom tray wall to engage the tray with the base (when installed together in the configuration shown in Fig. 3).
Regarding claim 22, the tank of claim 11, wherein the tray has a hole (about 132 in Fig. 3) extending through the bottom tray wall.
Regarding claim 28, the tank of claim 14, wherein the tray has a drain hole (about 132 in Fig. 3) extending through the bottom tray wall and configured to permit controlled discharge of liquid from the tray cavity.
Claim(s) 23-27 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by US 2004/0194200 (hereinafter Li).
Regarding claim 23, Li discloses an air inducer assembly (S and Fig. 7) comprising:
a housing (S4) having one or more walls (see Fig. 7) defining a chamber; an outlet (about S43) located downstream from the chamber and configured for connection to an inlet of a flush tank (see Fig. 2);
a water inlet (about S7) in communication with the chamber and configured for connection to a water inlet conduit (about S8) for introducing water into the chamber;
an air inlet (about S63) in communication with the chamber and configured to be in communication with a source of air;
a tube (S81) extending into the chamber and toward the outlet, the tube having a passage (see Fig. 7) therethrough extending from the water inlet through the tube to place the water inlet in communication with the outlet, wherein the tube is configured such that water from the water inlet flows through the passage to the outlet, and the tube is further configured to permit air to be drawn from the air inlet into the outlet by a flow of the water out of a distal end of the tube (see Fig. 7).
Regarding claim 24, the air inducer assembly of claim 23, further comprising a check valve (S6) connected to the housing at the air inlet and configured to permit the air to flow through the air inlet and into the passage and to resist air flow out of the air inducer assembly through the air inlet.
Regarding claim 25, the air inducer assembly of claim 23, wherein the tube is a cylindrical tube and the passage is a cylindrical passage (see Fig. 7).
Regarding claim 26, the air inducer assembly of claim 23, wherein the water inlet is positioned at a top (the location of about S7 is considered a top) of the housing, and the outlet is positioned at a bottom of the housing (see Fig. 7).
Regarding claim 27, the air inducer assembly of claim 26, wherein the one or more walls defining the chamber include a top wall (the wall horizontally aligned with S82), and wherein the tube extends vertically downward from the top wall (see Fig. 7).
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) 12-13 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ge in view of US 11,821,190 (hereinafter Papai).
Regarding claim 12, Ge teaches all of the claimed limitation as discussed regarding claim 1 above except for a second tray as claimed. Ge teaches adding a tray to a base of a tank having only one compartment. Papai teaches an analogous tank having a base comprises a plurality of compartments (see Fig. 12). Accordingly, it would have been obvious to one having ordinary skill in the art at the time the invention was effectively filed to add a first tray and a second tray to a base of tank having a plurality of compartments as taught by Papai. Doing so would merely be substituting of equivalents known tanks for the same purpose. An express suggestion to substitute one equivalent component or process for another is not necessary to render such substitution obvious. In re Fout, 675 F.2d 297, 213 USPQ 532 (CCPA 1982). See MPEP 2144.06.
Regarding claim 13, the tank of claim 12, the combination above would include the tray and the second tray are positioned on opposite sides of the outlet of the base as taught by Papai.
Regarding claim 18, the tank of claim 11, the combination above would include the base of Papai which comprises a first rib (35) and a second rib (35) connected to the first sidewalls and extending inwardly in opposite directions from the first sidewalls, and the tray would include a first slot on a first side and a second slot on a second side opposite the first side so as to allow the tray to mounted to the base, and wherein the first rib is received in the first slot, and the second rib is received in the second slot, wherein the tray is engaged with the base by engagement of the first and second ribs with the first and second slots in a tongue and groove manner.
Regarding claim 19, the tank of claim 18, wherein the first slot and the second slot would be vertical slots extending vertically along the first and second sides of the tray that are in line with rib (35) of Papai.
Allowable Subject Matter
Claims 20-21 and 29-32 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.
The following is a statement of reasons for the indication of allowable subject matter: The specific of the slots and ribs structures as claimed are not obvious to one having ordinary skill in the art at the time the invention was effectively filed because it would be hindsight to modify said claimed structures.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 6,029,288 (Ge et al.) teaches an air inducer assembly having an air check valve similar to the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TUAN N NGUYEN whose telephone number is (571)272-4892. The examiner can normally be reached Mon-Fri 8-4.
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/TUAN N NGUYEN/Primary Examiner, Art Unit 3754
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