Prosecution Insights
Last updated: May 29, 2026
Application No. 18/654,524

System, Method, and Apparatus for Monitoring Restroom Appliances

Non-Final OA §102§103
Filed
May 03, 2024
Priority
Dec 15, 2015 — provisional 62/267,472 +3 more
Examiner
LE, HUYEN D
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Sdb Ip Holdings LLC
OA Round
1 (Non-Final)
73%
Grant Probability
Favorable
1-2
OA Rounds
8m
Est. Remaining
81%
With Interview

Examiner Intelligence

Grants 73% — above average
73%
Career Allowance Rate
1340 granted / 1840 resolved
+2.8% vs TC avg
Moderate +8% lift
Without
With
+8.2%
Interview Lift
resolved cases with interview
Typical timeline
2y 9m
Avg Prosecution
29 currently pending
Career history
1865
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
76.5%
+36.5% vs TC avg
§102
14.0%
-26.0% vs TC avg
§112
3.9%
-36.1% vs TC avg
Black line = Tech Center average estimate • Based on career data from 1840 resolved cases

Office Action

§102 §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 . Claim Objections Claims 9-11 are objected to because of the following informalities: claims 9-11 depend from an apparatus claim 8. Claims 9-11 should recite the system as in claim 8. Appropriate correction is required. Claim Rejections - 35 USC § 102 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 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. Claims 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mann (2002/0007510). Regarding claim 8, Mann discloses a system comprising: a toilet 800 arranged in an environment (Figs. 8, 8A, 8B, 8C); a proximity sensor 800A arranged in the environment (restroom) and configured to detect proximity data associated with a proximity of a person to the toilet; at least one controller 170 configured to: determine, based on the proximity data associated with the proximity of the person to the toilet, whether the person is standing in front of the toilet or sitting on the toilet; determine, based on whether the person is standing in front of the toilet or sitting on the toilet, an adjusted amount of water for a flush of the toilet; and modify, based on the adjusted amount of water for the flush, an amount of water used during the flush of the toilet (a person standing is followed by a brief flush, a person sitting is follow a long flush, see paragraph [00153]). Regarding claim 9, the proximity sensor 800A includes an infrared (IR) sensor (paragraph [0150]). Regarding claim 10, the toilet 800 includes the proximity sensor 800A and a communication device (network intelligence, optically wired connection, paragraph [0069], internet, see paragraph [0071]) configured to transmit the proximity data associated with the proximity of the person to the toilet. Regarding claim 11, the controller 170 is further configured to: receive, from of a plurality of urinals 200 arranged in in the environment, a frequency of flushes associated with the plurality of urinals arranged in the environment (paragraph [0069]), wherein the adjusted amount of water for the flush of the toilet is further determined based on the frequency of flushes associated with the plurality of urinals arranged in the environment. Regarding claim 1, Mann discloses a system that provides a method comprising: receiving, with at least one controller 170, from a proximity sensor 800A arranged in an environment, proximity data associated with a proximity of a person to a toilet 800 arranged in the environment (Figs. 8, 8A, 8B, 8C); determining, with the at least one controller 70, based on the proximity data associated with the proximity of the person to the toilet 800, whether the person is standing in front of the toilet or sitting on the toilet; determining, with the at least one controller, based on whether the person is standing in front of the toilet or sitting on the toilet, an adjusted amount of water for a flush of the toilet; and adjusting, with the at least one controller, based on the adjusted amount of water for the flush, an amount of water used during the flush of the toilet (a person standing is followed by a brief flush, a person sitting is follow a long flush, see paragraph [00153]). Regarding claim 2, the method provides the proximity sensor 800A including an infrared (IR) sensor (paragraph [0150]). Regarding claim 3, the method provides the toilet 800 including the proximity sensor 800A and a communication device (network intelligence, optically wired connection, paragraph [0069], internet, see paragraph [0071]) configured to transmit the proximity data associated with the proximity of the person to the toilet. Regarding claim 4, the method provides step comprising: receiving, with the at least one controller 170, from of a plurality of urinals arranged in in the environment, a frequency of flushes associated with the plurality of urinals arranged in the environment, wherein the adjusted amount of water for the flush of the toilet is further determined based on the frequency of flushes associated with the plurality of urinals arranged in the environment. Regarding claim 12, the toilet 800 includes the at least one controller 170. Regarding claim 13, the method provides a urinal 200 of the plurality of urinals includes the at least one controller 170 Regarding claim 14, the method provides the at least one controller 170 includes a central controller (a client server remotely controls the smart bathrooms over the internet, see paragraphs [0071]remote from the first toilet and the plurality of urinals (paragraph [0069]). Claims 1-2 and 8-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Barrett, Sr. et al. (5,187,818). Regarding claim 8, Barrett, Sr. et al. disclose a system 10 comprising: a toilet 12 arranged in an environment; a proximity sensor 30 arranged in the environment (restroom)and configured to detect proximity data associated with a proximity of a person to the toilet (col. 3, lines 22+, Figs. 5A, 5B, 6A, 6B); at least one controller40 configured to: determine, based on the proximity data associated with the proximity of the person to the toilet, whether the person is standing in front of the toilet (Fig. 5A) or sitting on the toilet (Fig. 5B); determine, based on whether the person is standing in front of the toilet or sitting on the toilet, an adjusted amount of water for a flush of the toilet; and modify, based on the adjusted amount of water for the flush, an amount of water used during the flush of the toilet (controller 30 determines and actuates a short flush or long flush, col. 7, 40+, col 8, lines 1-62). Regarding claim 9, the proximity sensor 30 includes an infrared (IR) sensor (col. 7, line 45). Regarding claim 1, Barrett, Sr. et al. discloses a system that provides a method comprising: receiving, with at least one controller 40, from a proximity sensor 30 arranged in an environment, proximity data associated with a proximity of a person to a toilet arranged in the environment; determining, with the at least one controller 40, based on the proximity data associated with the proximity of the person to the toilet 12, whether the person is standing in front of the toilet (Fig. or sitting on the toilet; determining, with the at least one controller, based on whether the person is standing in front of the toilet or sitting on the toilet, an adjusted amount of water for a flush of the toilet; and adjusting, with the at least one controller, based on the adjusted amount of water for the flush, an amount of water used during the flush of the toilet. Regarding claim 2, the proximity sensor 30 includes an infrared (IR) sensor (col. 7, line 45). 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. Claims 3-7 and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Barrett, Sr. et al. (5,187,818) in view of Mann (2002/0007510). Regarding claims 3-7 and 10-14, Barrett, Sr. et al. do not teach a communication device configured to transmit the proximity data associated with the proximity of the person to the toilet and a plurality of urinals. Attention is directed to Mann which teaches a smart bathroom systems comprising a plurality of urinals 200 (Figs. 2, 5) and toilets (paragraphs [0012, 0013]) including proximity sensors and a communication device configured to transmit the proximity data associated with a user near each toilet to another toilet to a control server (control system 170) via an optical network (paragraph [0069]) or over the internet (paragraph [0071]). Therefore, it would have been obvious to one of skilled in the art to employ a restroom comprising a plurality of urinals and toilets and a communication device with Barrett Sr. et al. system in view of Mann to transmit the proximity data associated with a user near each urinal to a controller (server) in order to conveniently control urinal from a remote location. Conclusion The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hsu, Parson et al. and Guler et al teach a toilet system comprising a proximity sensor for detecting a user standing in front of a toilet or sitting on a toilet and a controller connected to a sensor for control the amount of flush water based on the position of the user being either standing or sitting. Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUYEN D LE whose telephone number is (571)272-4890. The examiner can normally be reached Monday-Friday. 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 Angwin can be reached at 517-270-3735. 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. HUYEN D. LE Primary Examiner Art Unit 3754 /HUYEN D LE/ Primary Examiner, Art Unit 3754
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Prosecution Timeline

May 03, 2024
Application Filed
Apr 29, 2026
Non-Final Rejection mailed — §102, §103 (current)

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

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Prosecution Projections

1-2
Expected OA Rounds
73%
Grant Probability
81%
With Interview (+8.2%)
2y 9m (~8m remaining)
Median Time to Grant
Low
PTA Risk
Based on 1840 resolved cases by this examiner. Grant probability derived from career allowance rate.

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