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 .
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 4, 5 and 15 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Independent claim 1 was amended to be specific to the embodiment wherein the recirculation device is a recirculation pump. Claims 4 and 5 now impermissibly combine this embodiment with the respective embodiments claimed therein (i.e., with a refill pump for a trap, and with a purge valve).
In claim 15, there is insufficient antecedent basis for “the water circulation pump”. It appears that claim 23 was not meant to depend from claim 15 (as claim 15 is directed to a toilet).
Claim Rejections - 35 USC § 102
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(s) 15-17 is/are rejected under 35 U.S.C. 102a1/a2 as being anticipated by WO 2017/106445 A1 (hereinafter “SDB”), which discloses:
15. A toilet comprising:
at least one valve (216) configured to direct water toward or away from the toilet (216 is a flush valves in the illustrated toilet);
a network device (1100) configured to detect a plurality of connections for mobile devices (1104, 1106); and
a controller (232, 224, 226) configured to compare the plurality of connections to an occupancy threshold and generate a command for the at least one valve (e.g., para. 0020, 0150) to initiate a chemical dispenser in a tank of the toilet (the valve is capable of initiating a chemical dispenser in a tank of the toilet, such as a cleansing tablet that could be used in the toilet tank).
16. The water appliance of claim 15, wherein the command for the at least one valve provides water to a tank (when the toilet tank refills, in response to and after the flush command).
17. The water appliance of claim 15, wherein the command for the at least one valve provides water to a toilet bowl (flushing the toilet sends water from the toilet tank to the toilet bowl).
Claim Rejections - 35 USC § 103
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(s) 1, 4-5 and 18-23 (4, 5 and 23 as understood) is/are rejected under 35 U.S.C. 103 as being unpatentable over Fischer (KR 10-2014-0137356) in view of SDB.
1. A system comprising:
a water circulation device including a recirculation pump (316) associated with the indoor space; and
a controller (3190) configured to
As explained in the reproduced passage above, Fischer’s disclosed controller determines operational adjustments of the pump speed in order to meet cooling / heating and efficiency needs, and even discloses an occupancy sensor, but does not specifically discuss the controller to compare a plurality of connections detected by a network device to an occupancy threshold in such determinations. However SDB teaches that it was known in the art before the effective filing date to make a similar operational determination using a controller that compares a plurality of connections detected by a network device to an occupancy threshold (see the analysis of claim 15 above). To account for the number of occupants in the operational adjustments of Fischer’s controller, it would have been obvious to use Fischer’s controller to also compare a plurality of connections detected by a network device to an occupancy threshold, as similarly taught by SDB.
Regarding claims 4-5 as understood, refill pumps and purge valves as claimed were well-known in the art before the effective filing date (taken as admitted prior art because Applicant did not traverse the prior assertion of official notice), and it would have been obvious to use Fischer’s system as modified by SDB in building which also includes a refill pump and a purge valve, for example in order to operate a debris trap and allow purging / cleaning of the circulation system.
Regarding claim 18, during the normal and usual operation of Fischer’s system as modified by SDB, the claimed method steps would necessarily be performed.
Regarding claims 19-20, the use of user-set thresholds and historical data to determine a threshold was well-known in the art before the effective filing date (official notice), and it would have been obvious to use the same with Fischer’s system in order to control Fischer’s system. (For example, even SDB at para. 0117 discloses the use of user inputs and historical data to determine a similar threshold, although in a different embodiment which compares water pressure rather than occupancy.)
Regarding claims 21-23, because Fischer’s system interfaces directly with outside air, it would have been obvious to use a well-known feedback loop based on outside (weather) air temperature (to identify outside temperature, and compare it to a threshold) in the operational adjustments of Fischer’s controller.
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 WILLIAM M MCCALISTER whose telephone number is (571)270-1869. The examiner can normally be reached M-F from 7am to 6pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CRAIG SCHNEIDER, can be reached at telephone number 571-272-3607, or Kenneth Rinehart can be reached at 571-272-4881. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM M MCCALISTER/Primary Examiner, Art Unit 3753
5/19/26
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