DETAILED ACTION
This is responsive to the amendment dated 4/23/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Objections
Claims 1 and 12 are objected to for the following informalities:
In claim 1, line 10, “slant” should be --slanted--.
In claim 12, line 9, “slant” should be --slanted--.
Appropriate corrected is required.
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 - 7, 9, 12 -18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over DE 102018105161 (hereinafter DE ‘161) in view of Polosky (US 4,711,419) in view of Sieth (US 5,127,111), and EP 3296473 (hereinafter EP ‘473).
Regarding claim 1, DE ‘161 discloses an installation arrangement for a toilet system (fig. 2), wherein the toilet system includes a toilet bowl (5) defining a mounting cavity (20) on a rear side thereof (16, 17), the installation arrangement comprises: a first unit adapted to enable mounting of the toilet bowl on a wall (fig. 3), the first installation unit including: a mounting pin (14) adapted to be mounted on the wall; a mounting bracket (2) adapted to carry weight of the toilet bowl thereon, wherein the mounting bracket includes an upward slanted surface (3, 6) with a protrusion at an edge thereof (note that the edge is protrusion inasmuch as the combination of the slanted surface and the edge project outwardly from the locking surface, similar to what is shown in applicant’s disclosure), the mounting bracket configured to engage and lock with the toilet bowl (see progression between fig. 2 and fig. 3); and a mounting nut (21) adapted to lock the mounting bracket mounted on the mounting pin.
DE ‘161 does not explicitly show that the protrusion is curved, though it is suggested (see annotated figure below). Attention is turned to Polosky which teaches a similar bracket (12) for holding heavy items (col. 4, ln. 46-50) having an upwardly slanted surface (18) which has a curved protrusion (13) at an edge thereof. It would have been obvious to have curved or rounded the protrusion of DE ‘161, depending on the shape of the toilet mounting opening. Additionally, is nothing in the record which establishes that the claimed dimension presents a novel or unexpected result (MPEP 2144.05(III)). A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. MPEP 2144.04 (IV)(B).
DE ‘161 does not show that the mounting nut is a flange nut, instead appearing to show a separate washer. Attention is turned to Sieth which teaches that it is common to use a flange nut (52) to lock a structure (44) onto a wall (12’)(fig. 5). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided a flange nut in place of the separate nut and washer in order to reduce the part count and make installation simpler.
DE ‘161 does not explicitly show two installation arrangements for engagement with two mounting cavities. Attention is turned to DE ‘473 which teaches a similar toilet having first and second mounting assemblies (2) in associated first and second mounting cavities (10). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided first and second mounting installations and cavities to better distribute the weight of the toilet on the wall.
Regarding claim 2, DE ‘161 as modified shows all of the instant invention as discussed above, and further shows that the mounting brackets each define a through-hole (12) for receiving the mounting pin therethrough, and wherein the mounting brackets are each mounted on the respective mounting pin, to be fixed thereon, by the mounting flange nut (see fig. 3).
Regarding claim 3, DE ‘161 as modified shows all of the instant invention and further the upward slanted surface of the mounting bracket enables locking of the toilet bowl to the wall. See fig. 3.
Regarding claim 4, as shown in figure 3, the mounting brackets (2) are a single part structure adapted to be received in the mounting cavities. See continuous hatch marks in fig. 3 Also note that element 8 is a spacer device not part of the bracket and the claim does not have closed construction.
Regarding claim 5, DE ‘161 as modified shows all of the instant invention as discussed above, and further shows the mounting brackets each define a continuous flat surface (4) adapted to hold the weight of the toilet bowl thereon by the continuous flat surface.
Regarding claim 6, DE ‘161 as modified shows all of the instant invention as discussed above, and further shows the mounting brackets each define a wall mounting surface on a rear side thereof, the wall mounting surface adapted to come into contact with the wall when mounted thereon. See annotated figure below.
Regarding claim 7, DE ‘161 as modified shows all of the instant invention as discussed above, and further provides the mounting brackets each define a flange nut interfacing surface on a front side therefore, the flange nut interfacing surface adapted to come into contact with the respective flange nut. See annotated figure below.
Regarding claim 9, DE ‘161 as modified shows all of the instant invention as discussed above and further shows that the wall is the wall of a toilet cabinet (13, abstract).
Regarding claim 12, DE ‘161 discloses a toilet system (fig. 2) comprising, a toilet bowl (5) defining a mounting cavity (20) on a rear side thereof (16, 17), and a first installation unit adapted to enable mounting of the toilet bowl on a wall (fig. 3), the first installation unit including: a mounting pin (14) adapted to be mounted on the wall; a mounting bracket (2) adapted to carry weight of the toilet bowl thereon, wherein the mounting bracket includes an upward slanted surface (3, 6) with a protrusion at an edge thereof (note that the edge is protrusion inasmuch as the combination of the slanted surface and the edge project outwardly from the locking surface, similar to what is shown in applicant’s disclosure), the mounting bracket configured to engage and lock with the toilet bowl (see progression between fig. 2 and fig. 3); and a mounting nut (21) adapted to lock the mounting bracket mounted on the mounting pin.
DE ‘161 does not explicitly show that the protrusion is curved, though it is suggested (see annotated figure below). Attention is turned to Polosky which teaches a similar bracket (12) for holding heavy items (col. 4, ln. 46-50) having an upwardly slanted surface (18) which has a curved protrusion (13) at an edge thereof. It would have been obvious to have curved or rounded the protrusion of DE ‘161, depending on the shape of the toilet mounting opening. Additionally, is nothing in the record which establishes that the claimed dimension presents a novel or unexpected result (MPEP 2144.05(III)). A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. MPEP 2144.04 (IV)(B).
DE ‘161 does not show that the mounting nut is a flange nut, instead appearing to show a separate washer. Attention is turned to Sieth which teaches that it is common to use a flange nut (52) to lock a structure (344) onto a wall (12’)(fig. 5). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided a flange nut in place of the separate nut and washer in order to reduce the part count and make installation simpler.
DE ‘161 does not explicitly show two installation arrangements for engagement with two mounting cavities. Attention is turned to DE ‘473 which teaches a similar toilet having first and second mounting assemblies (2) in associated first and second mounting cavities (10). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided first and second mounting installations and cavities to better distribute the weight of the toilet on the wall.
Regarding claim 13, DE ‘161 as modified shows all of the instant invention as discussed above, and further shows that the mounting brackets each define a through-hole (12) for receiving the mounting pin therethrough, and wherein the mounting brackets are each mounted on the respective mounting pin, to be fixed thereon, by the mounting flange nut (see fig. 3).
Regarding claim 14, DE ‘161 as modified shows all of the instant invention and further the upward slanted surface of the mounting bracket enables locking of the toilet bowl to the wall. See fig. 3.
Regarding claim 15, as shown in figure 3, the mounting brackets (2) are a single part structure adapted to be received in the mounting cavities. See continuous hatch marks in fig. 3 Also note that element 8 is a spacer device not part of the bracket and the claim does not have closed construction.
Regarding claim 16, DE ‘161 as modified shows all of the instant invention as discussed above, and further shows the mounting brackets each define a continuous flat surface (4) adapted to hold the weight of the toilet bowl thereon by the continuous flat surface.
Regarding claim 17, DE ‘161 as modified shows all of the instant invention as discussed above, and further shows the mounting brackets each define a wall mounting surface on a rear side thereof, the wall mounting surface adapted to come into contact with the wall when mounted thereon. See annotated figure below.
Regarding claim 18, DE ‘161 as modified shows all of the instant invention as discussed above, and further provides the mounting brackets each define a flange nut interfacing surface on a front side therefore, the flange nut interfacing surface adapted to come into contact with the respective flange nut. See annotated figure below.
Regarding claim 20, DE ‘161 as modified shows all of the instant invention as discussed above and further shows that the wall is the wall of a toilet cabinet (13, abstract).
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Claim(s) 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over DE ‘161, Polosky, Sieth, and EP ‘473, as applied to claims 1 and 12, in view of Stonecipher et al. (US 8,528,121 hereinafter Stonecipher).
Regarding claims 8 and 19, DE ‘161 shows all of the instant invention as discussed above, but is silent as to the material of the brackets. Attention is turned to Stonecipher which teaches a wall mounted urinal bracket (210) made from ABS plastic (col. 8, ln. 14-25). It would have been obvious to have formed the brackets form ABS plastic since it is rigid, tough, and stable under load. It has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Response to Arguments
Applicant’s remarks have been considered, but are moot since Polosky is being used to teach that which is lacking in DE ‘161.
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 ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
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/ERIN DEERY/Primary Examiner, Art Unit 3754
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