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 .
Response to Arguments
Applicant’s arguments, see Pg. 6, filed 12/31/25, with respect to the rejection(s) of claim(s) 1 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of newly found prior art JPH0533376 (Watabe) which teaches an odor removal device for a toilet with a secondary fresh air inlet for supplying additional oxygen to an ozone generator.
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 1, 5-7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over EP 0331192 (Terui) in view of JP H0533376 (Watabe).
Regarding claim 1, Terui discloses a toilet bowl odor removal device (1) comprising:
a housing (2) defining an inlet (13a) and an outlet (11), the inlet and the outlet in fluid
communication with each other to define an air passage through the housing;
a conduit (13) having a first end and a second end in fluid communication with each
other, the first end in fluid communication with the inlet, the second end configured to be
positioned in a cavity defined by a toilet bowl for directing air from the cavity of the toilet bowl
to the air passage (Figs. 10, 11);
a fan (10) in fluid communication with the air passage for impelling air through the air
passage;
an ozone generator (5) in fluid communication with the air passage configured to
generate ozone to the air passage such that the ozone neutralizes noxious gasses drawn from the
cavity;
a controller (12) operatively coupled to the fan and the ozone generator;
a switch (40/40a/41) operatively coupled to the controller, wherein in response to the
actuation of the sensor, the controller activates the fan to impel air through the air passage and
the ozone generator to generate ozone for neutralizing noxious gasses passing through the air
passage.
While Terui discloses that the housing defines an inlet and air passage it doesn’t disclose the inclusion of a second inlet and a second air passage in communication with the first air passage.
Watabe teaches an ozone deodorizing device (M) for a toilet comprising a fan (F), an ozone generator (G), a first air inlet in communication with the toilet bowl (9) with a first air passage (X), a second air inlet in communication with an exterior of the toilet bowl/fresh air (10) with a second air passage (Y). The second air inlet and second air passage are in communication with the ozone generator and the first air passage (Z; Fig. 4) such that the second air inlet facilitates the introduction of fresh air to increase the efficiency/production rate of the ozone generator with the generated ozone converging with the toilet bowl air from the first air inlet to deodorize the air.
It would have been obvious to one of ordinary skill in the art to provide the toilet odor removal device with a second air inlet in communication with the exterior of the bowl/fresh air and with a second air passage in communication with the first, as taught by Watabe, so as to facilitate the entrainment/input of fresh air to improve the production of ozone to better deodorize the air removed from the toilet bowl.
Regarding claim 5, Terui states that the conduit is configured to fit between a toilet
bowl and a toilet scat (Fig. 10, 11; C9 L46-C10 L3).
Regarding claim 6, Terui states that the switch can be a pressure switch (C11 L39-41)
or a motion sensor (C11 L29-44).
Regarding claim 7, Terui states that the controller is configured to deactivate at least
one or both of the fan or the ozone generator after a predetermined amount of time (Fig. 15; C11
L10-23).
Regarding claim 9, Terui states that the controller is configured to operate the
deodorizing system for a predetermined time after the switch is no longer activated (C11 L10-23,
55-58).
Claims 2-4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Terui in view of Watabe as applied to claim 1 above, and further in view of US 8,161,579 (Denkewicz).
Regarding claims 2-4, Terui states the invention as claimed and further appears to depict a power cord in Figure 1 but does not explicitly discuss a power source for the fan and ozone generator such as rechargeable batteries.
Denkewicz teaches an odor removal device for a toilet comprising a housing (142) with a controller (150), a fan (152) and an ozone generator (148) which are powered by rechargeable batteries (175)..
It would have been obvious to one of ordinary skill in the art to provide a power source in the form of rechargeable batteries, as taught by Denkewicz, so that the system can utilized without direct access to a power outlet while also limiting the requirement for purchasing replacement batteries.
Regarding claim 11, Terui states the use of an ozone generator but does not explicitly state the use of an ozone generator bulb, disinfection lamp or sterilizer lamp.
Denkewicz teaches an odor removal device for a toilet comprising a housing (220) with an inlet (218), an outlet (240), a fan (224) and an ozone generator in the form of an ozone generator bulb or sterilizing or disinfection lamp (226) (C6 L34-45) which generates ozone from the air entrained by the fan.
It would have been obvious to one of ordinary skill in the art to utilize an ozone generator bulb, disinfection lamp or sterilizer lamp as an ozone generator, as taught by Denkewicz, so that the system can readily generate ozone as required without requiring a user to check on/refill a supply of ozone, a disposable catalyst or other ozone production materials.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Terui in view of Watabe as applied to claim 1 above, and further in view of US 2008/0000017 (Littrell).
Terui states that the controller is configured to deactivate at least one or both of the fan or the ozone generator after a predetermined amount of time after the switch is no longer activated (Fig. 15; C11 L10-23, 55-58) but does not state deactivating the system a set time after the switch is activated..
Littrell teaches a ventilation device for a toilet (Fig. 3) comprising a switch (79) which when activated provides power to a fan (76). Littrell further teaches that a timer can be provided which automatically shuts off power to the fan a set period after the switch is activated in the event the switch is not deactivated (Para. 0021).
It would have been obvious to one of ordinary skill in the art to configure the timer to power off the ventilation device a preset period of time after activation of the ventilation activation switch, as taught by Littrell, so as to prevent wasting of power or damage to the system should user action or other situations cause the switch to fail to deactivate.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Terui in view of Watabe as applied to claim 1 above, and further in view of US 2014/0304903 (Cogswell).
Regarding claim 10, Terui states that the device comprises a housing and a conduit which forms an air passage from the toilet interior to an outlet of the device as previously discussed but does not state that the conduit is made of a flexible or pliable material.
Cogswell teaches a ventilation device for a toilet comprising a housing (30) with an inlet (52) in communication with an inner volume of the toilet and an outlet (102) with a conduit (34) between the inlet and outlet. Cogswell further teaches that the conduit can be flexible (Para. 0027).
It would have been obvious to one of ordinary skill in the art to make the conduit out of flexible or pliable material, as taught by Cogswell, so that it can adapt to different toilet bowl/rim shapes and properly fit under different toilet seats/occupancy statuses.
Claims 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Terui in view of Watabe and Denkewicz.
Regarding claim 13, Terui discloses a toilet bowl odor removal device (1) comprising:
a housing (2) defining an inlet (13a) and an outlet (11), the inlet and the outlet in fluid communication with each other to define an air passage through the housing;
a conduit (13) having a first end and a second end in fluid communication with each other, the first end in fluid communication with the inlet, the second end configured to be positioned in a cavity defined by a toilet bowl for directing air from the cavity of the toilet bowl to the air passage (Figs. 10, 11);
a fan (10) in fluid communication with the air passage for impelling air through the air passage, the fan proximate the outlet (Fig. 11);
an ozone generator (5) in fluid communication with the air passage configured to generate ozone to the air passage such that the ozone neutralizes noxious gasses drawn from the cavity;
a controller (12) operatively coupled to the fan and the ozone generator;
a switch (40/40a/41) operatively coupled to the controller, wherein in response to the actuation of the sensor, the controller activates the fan to impel air through the air passage and the ozone generator to generate ozone for neutralizing noxious gasses passing through the air passage.
Terui discloses the use of an ozone generator but does not explicitly disclose use of an ozone generator bulb. While Terui discloses that the housing defines an inlet and air passage it doesn’t disclose the inclusion of a second inlet and a second air passage in communication with the first air passage.
Watabe teaches an ozone deodorizing device (M) for a toilet comprising a fan (F), an ozone generator (G), a first air inlet in communication with the toilet bowl (9) with a first air passage (X), a second air inlet in communication with an exterior of the toilet bowl/fresh air (10) with a second air passage (Y). The second air inlet and second air passage are in communication with the ozone generator and the first air passage (Z, Fig. 4) such that the second air inlet facilitates the introduction of fresh air to increase the efficiency/production rate of the ozone generator with the generated ozone converging with the toilet bowl air from the first air inlet to deodorize the air.
It would have been obvious to one of ordinary skill in the art to provide the toilet odor removal device with a second air inlet in communication with the exterior of the bowl/fresh air and with a second air passage in communication with the first, as taught by Watabe, so as to facilitate the entrainment/input of fresh air to improve the production of ozone to better deodorize the air removed from the toilet bowl.
Denkewicz teaches an odor removal device for a toilet comprising a housing (220) with an inlet (218), an outlet (240), a fan (224) and an ozone generator in the form of an ozone generator bulb (226) (C6 L34-45) which generates ozone from the air entrained by the fan.
It would have been obvious to one of ordinary skill in the art to utilize an ozone generator bulb as an ozone generator, as taught by Denkewicz, so that the system can readily generate ozone as required without requiring a user to check on/refill a supply of ozone, a disposable catalyst or other ozone production materials.
Regarding claim 14, Terui appears to depict a power cord in Figure 1 but does not explicitly discuss a power source for the fan and ozone generator such as rechargeable batteries.
Denkewicz teaches an odor removal device for a toilet comprising a housing (142) with a controller (150), a fan (152) and an ozone generator (148) which are powered by rechargeable batteries (175)..
It would have been obvious to one of ordinary skill in the art to provide a power source in the form of rechargeable batteries, as taught by Denkewicz, so that the system can utilized without direct access to a power outlet while also limiting the requirement for purchasing replacement batteries.
Regarding claim 15, Terui states that the conduit is configured to fit between a toilet bowl and a toilet seat (Fig. 10, 11; C9 L46-C10 L3).
Regarding claim 16, Terui states that the switch can be a pressure switch (C11 L39-41) or a motion sensor (C11 L29-44).
Regarding claims 17-18, Terui states that the controller is configured to deactivate at least one or both of the fan or the ozone generator after a predetermined amount of time (Fig. 15; C11 L10-23) after the switch is no longer activated (C11 L10-23, 55-58).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Terui in view of Watabe and Denkewicz.
Regarding claim 20, Terui discloses a toilet bowl odor removal device (1) comprising:
a housing (2) defining an inlet (13a) and an outlet (11), the inlet and the outlet in fluid communication with each other to define a first air passage through the housing (Fig. 11);
a conduit (13) having a first end and a second end in fluid communication with each other, the conduit being configured to fit between a toilet bowl and a toilet seat (Fig. 10, 11; C9 L46-C10 L3), the first end in fluid communication with the inlet, the second end configured to be positioned in a cavity defined by a toilet bowl for directing air from the cavity of the toilet bowl to the air passage (Figs. 10, 11);
a fan (10) in fluid communication with the air passage for impelling air through the air passage, the fan located proximate the outlet (Fig. 11);
an ozone generator (5) in fluid communication with the air passage configured to generate ozone to the air passage such that the ozone neutralizes noxious gasses drawn from the cavity;
a controller (12) operatively coupled to the fan and the ozone generator;
a switch (40/40a/41) operatively coupled to the controller, wherein in response to the actuation of the sensor, the controller activates the fan to impel air through the air passage and the ozone generator to generate ozone for neutralizing noxious gasses passing through the air passage (Fig. 15), the controller being configured to deactivate the deodorizing system a predetermined time measured from when the switch is no longer activated (C11 L10-23, 55-58).
Terui discloses the use of an ozone generator but does not explicitly disclose use of an ozone generator bulb. Terui also doesn’t disclose the inclusion of a second inlet and a second air passage which joins the first air passage.
Denkewicz teaches an odor removal device for a toilet comprising a housing (220) with an inlet (218), an outlet (240), a fan (224) and an ozone generator in the form of an ozone generator bulb (226) (C6 L34-45) which generates ozone from the air entrained by the fan.
It would have been obvious to one of ordinary skill in the art to utilize an ozone generator bulb as an ozone generator, as taught by Denkewicz, so that the system can readily generate ozone as required without requiring a user to check on/refill a supply of ozone, a disposable catalyst or other ozone production materials.
Watabe teaches an ozone deodorizing device (M) for a toilet comprising a fan (F), an ozone generator (G), a first air inlet in communication with the toilet bowl (9) with a first air passage (X), a second air inlet in communication with an exterior of the toilet bowl/fresh air (10) with a second air passage (Y). The second air inlet and second air passage are in communication with the ozone generator and the first air passage (Z, Fig. 4) such that the second air inlet facilitates the introduction of fresh air to increase the efficiency/production rate of the ozone generator with the generated ozone converging with the toilet bowl air from the first air inlet to deodorize the air.
It would have been obvious to one of ordinary skill in the art to provide the toilet odor removal device with a second air inlet in communication with the exterior of the bowl/fresh air and with a second air passage in communication with the first, as taught by Watabe, so as to facilitate the entrainment/input of fresh air to improve the production of ozone to better deodorize the air removed from the toilet bowl.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 7,376,982 (Pencheon) teaches an odor removal system for a toilet bowl comprising first air inlets and passages (30) in communication with air inside the bowl and second inlet openings and passages (28) in communication with fresh air external to the toilet bowl.
US 7,503,081 (Montgomery) teaches an odor removal system for a toilet having a first air inlet (32) in communication with the toilet bowl and second air inlets (30) in communication with air exterior to the bowl (described as drawing air in from around the toilet seat and within the bowl so a distinction is made of air outside the bowl being entrained).
WO 01/07723 (Golabian) teaches a toilet bowl odor removal system which teaches how air from within the bowl and exterior to the bowl communicate with/are entrained by the same air inlets.
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 NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David Angwin can be reached at 571-270-3735. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS A ROS/ Examiner, Art Unit 3754
/DAVID P ANGWIN/ Supervisory Patent Examiner, Art Unit 3754