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 .
Election/Restrictions
Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/15/2026.
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.
Claim(s) 1-3, 7-10, and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2008-156879 A, using attached machine translation (hereinafter Shirai).
Regarding claim 1, Shirai discloses a plumbing fixture system comprising: a plumbing fixture bowl (1); a trapway (4, 5, 6, 7) fluidly coupled with the plumbing fixture bowl; a Venturi device (20, 30) comprising an inlet (20) and an outlet (32), the Venturi device forming an interior volume (30), the Venturi device further forming a channel (24) from the inlet to the outlet, wherein the interior volume (30) is fluidly coupled to the channel, wherein liquid flow from the inlet to the outlet causes a first reduction in pressure in the interior volume; and a conduit (51) extending from the interior volume of the Venturi device to the trapway, wherein the first reduction in pressure in the interior volume of the Venturi device causes a second reduction in pressure in the trapway (see translation, pg. 6 that describes “start of washing”).
Regarding claim 2, Shirai discloses wherein the plumbing fixture system comprises a tank toilet, a tankless toilet (tankless; fig. 1), or a urinal.
Regarding claim 3, Shirai discloses wherein the trapway comprises a sump trap (4), an upstream weir (5), a lower trap (6), and a downstream weir (7), and wherein the conduit (51) is coupled to the trapway at a position between the sump trap and the lower trap (fig. 1).
Regarding claim 7, Shirai discloses further comprising a controller (9) configured to cause the liquid flow from the inlet and to the outlet.
Regarding claim 8, Shirai discloses a venturi device comprising: sidewalls (30) forming an interior volume and a port (33); and a flowpath structure (20, 24) comprising an inlet (where 10 and 20 interface) and an outlet (32), wherein the flowpath structure forms a channel (24) and an opening (31), wherein the interior volume (30) and the channel (24) are fluidly coupled via the opening (31), and wherein liquid flow from the inlet to the outlet via the channel causes a reduction in pressure in the interior volume and in a trapway (4, 5, 6, 7) of a plumbing fixture (1).
Regarding claim 9, Shirai discloses wherein the port (33) is configured to be fluidly coupled with the trapway (4, 5, 6, 7) via a conduit (51), and wherein the plumbing fixture is a tank toilet, a tankless toilet, or a urinal.
Regarding claim 10, Shirai discloses wherein the trapway comprises a sump trap (4), an upstream weir (5), a lower trap (6), and a downstream weir (7), and wherein the conduit (51) is coupled to the trapway at a position between the sump trap and the lower trap (fig. 1).
Regarding claim 14, Shirai discloses further comprising a controller (9) configured to cause the liquid flow from the inlet and to the outlet.
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.
Claim(s) 4-6 and 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shirai in view of JP 2011-12537 A, using attached machine translation (hereinafter Gomita).
Regarding claims 4-5 and 11-12, Shirai shows all in the instant invention as claimed as set forth above but fails to show the Venturi device comprises a piston disposed between liquid and gas in the interior volume, wherein the first reduction in pressure causes the piston to move towards the channel and causes additional gas to enter the interior volume from the trapway; and wherein the Venturi device further comprises a resilient device disposed between the piston and the channel, wherein the resilient device causes the piston to move away from the channel responsive to fluid not flowing through the channel. Attention is turned to Gomita in the same field of endeavor of flush toilet bowls using a suction device to improve flushing which teaches including a piston (20) with a resilient device (50) that causes the piston to move away from a channel (S1) responsive to fluid not flowing through the channel as part of a suction device. It would have been obvious to one having ordinary skill in the art to utilize a piston and spring in the interior volume of Shirai to improve pumping action of fluid going in and out of the interior volume as evidenced by the teachings of Gomita.
Regarding claims 6 and 13, Shirai shows all in the instant invention as claimed as set forth above but fails to show wherein the Venturi device comprises a diaphragm disposed between liquid and gas in the interior volume, wherein the first reduction in pressure causes the diaphragm to move towards the channel and causes additional gas to enter the interior volume from the trapway. Attention is turned to Gomita in the same field of endeavor of flush toilet bowls using a suction device to improve flushing which teaches including a diaphragm (30) disposed between liquid and gas where changes in pressure cause the diaphragm to move (fig. 2). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a diaphragm disposed between liquid and gas in the interior volume, wherein the first reduction in pressure causes the diaphragm to move towards the channel and causes additional gas to enter the interior volume from the trapway as evidenced by the teachings of Gomita.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 11,753,808 is directed to the state of the art of plumbing fixture flush systems with a venturi-assisted piston pump.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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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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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754
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