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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/6/2026 has been entered.
Response to Arguments
Applicant's arguments filed 2/10/2026 have been fully considered but they are not persuasive.
Applicant argues Morita fails to disclose a forward wall as claimed and element 26 of Morita (US 8640272) does not divert or change a course of a first flow of water from the water inlet structure into the water channel and a second flow of water from the water inlet structure to the jet channel (Applicant Arguments/Remarks, p. 8-9). Examiner disagrees and clarifies the interpretation of the forward wall of Morita to be the wall of element 26 extending to and including element 44 (see annotated Fig. 4 below). Absent further limitation, the forward wall of Morita shown in annotated Fig. 4 below diverts a first flow of water from the water inlet structure into the water channel and diverts a second flow of water from the water inlet structure to the jet channel as set forth in the rejections below.
Claim Rejections - 35 USC § 102
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, 5-6, 9, 15, and 21-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morita (US 8640272).
Regarding claim 1, Morita discloses a toilet comprising:
a water inlet structure (40, 42, channel of B extending to 54, 56 and channel of B extending to D) including an inlet channel (42, channel of B extending to 54, 56 and channel of B extending to D) configured to receive water from a water source (A) and supply water to a water channel (54, 56) and a jet channel (48, 62);
a bowl structure (20) including a toilet bowl (bowl of 20), the water channel which is fluidly connected to the water inlet structure and configured to supply water into the toilet bowl (see Fig. 4), and the jet channel which is fluidly connected to the water inlet structure and is configured to supply water into the toilet bowl (see Fig. 1);
a forward wall (wall of 26, 44; see annotated Fig. 4 below) configured to divert a first flow of water (C, E) from the water inlet structure into the water channel (see Fig. 4) and to divert a second flow of water (D) from the water inlet structure to the jet channel (see Fig. 4); and
a vent hole (52) disposed in the inlet channel (see Fig. 4) and configured to pass air from the jet channel into the inlet channel (col. 4, l. 57 - col. 5, l. 12).
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Regarding claim 5, Morita discloses an outlet structure (64) fluidly connected to the toilet bowl to carry the water and contents from the toilet bowl to an outlet (66; see Fig. 4).
Regarding claim 6, Morita discloses the vent hole is a downwardly extending bore (see Fig. 4) disposed on a ledge (ledge of 52) elevated from a bottom of the inlet channel (bottom of 48 below D; see Fig. 4).
Regarding claim 9, Morita discloses a toilet pedestal comprising:
a water inlet structure (40, 42, channel of B extending to 54, 56 and channel of B extending to D) including an inlet channel (42, channel of B extending to 54, 56 and channel of B extending to D) configured to receive water from a water source (A);
a bowl structure (20) including a bowl (bowl of 20) defining an opening (opening of 20) at a top thereof and having an outlet (66), a water channel (54, 56) fluidly connected to the inlet channel and configured to supply water into the bowl (see Fig. 4), and a jet channel (48, 62) fluidly connected to the inlet channel and configured to supply water into the bowl (see Fig. 1);
a forward wall (wall of 26, 44; see annotated Fig. 4 above) configured to divert a first flow of water (C, E) from the water inlet structure into the water channel (see Fig. 4) and to divert a second flow of water (D) from the water inlet structure to the jet channel (see Fig. 4); and
a vent hole (52) disposed in the inlet channel (see Fig. 4) configured to pass air from the jet channel to the inlet channel (col. 4, l. 57 - col. 5, l. 12).
Regarding claim 15, Morita discloses the vent hole is a downwardly extending bore (see Fig. 4) disposed on a ledge (ledge of 52) elevated from a bottom of the inlet channel (bottom of 48 below D; see Fig. 4).
Regarding claim 21, Morita discloses the forward wall is disposed at a forward end (forward end of the channel of B extending to 54, 56 and the channel of B extending to D; see annotated Fig. 4 above) of the inlet channel (see Fig. 4).
Regarding claim 22, Morita discloses the water channel includes an outlet (56) configured to feed water into the bowl (see Fig. 4).
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) 2-3, 10-12, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morita (US 8640272) in view of Wallick (US 3664799).
Regarding claim 2, Morita discloses substantially all of the elements of the present invention as stated above in the rejection of claim 1.
Morita further discloses a rim (12); however, Morita does not disclose a rim formed separately from and coupled to the bowl structure as claimed.
Wallick discloses a powder compacting press including a rim (11) formed separately from and coupled to the bowl structure (10, 12; see Fig. 1). It would have been obvious to one of ordinary skill in the art to have modified the rim of Morita, to be separate from and coupled to the bowl structure as claimed, as taught by Wallick, since it was known in the art to form a toilet bowl of separate but connectable sections (col. 1, ll. 33-59).
Regarding claim 3, the combination above and specifically Wallick further discloses wherein the rim is disposed entirely above the water channel (channel of 12; see Fig. 1).
Regarding claim 10, Morita discloses substantially all of the elements of the present invention as stated above in the rejection of claim 9.
Morita further discloses a rim structure (12); however, Morita does not disclose a rim structure separate from and coupled to the bowl structure as claimed.
Wallick discloses a powder compacting press including a rim structure (11) separate from and coupled to the bowl structure (10, 12; see Fig. 1). It would have been obvious to one of ordinary skill in the art to have modified the rim structure of Morita, to be separate from and coupled to the bowl structure as claimed, as taught by Wallick, since it was known in the art to form a toilet bowl of separate but connectable sections (col. 1, ll. 33-59).
Regarding claim 11, the combination above and specifically Wallick further discloses the rim structure includes a solid, annular member (see Morita, annular member of 12; see Fig. 1-2) disposed on top of the bowl and around the opening of the bowl, a bottom of the solid, annular member (bottom of 11) defining a top of the water channel (top of the channel of 12; see Fig. 1).
Regarding claim 12, the combination above and specifically Wallick further discloses the rim structure is disposed entirely above the water channel (channel of 12; see Fig. 1).
Regarding claim 16, Morita discloses a method of forming a toilet, comprising:
forming a bowl structure (20) that includes a bowl (bowl of 20) defining an opening (opening of 20) at a top thereof and having an outlet (66), an inlet channel (42, channel of B extending to 54, 56 and channel of B extending to D), a water channel (54, 56) fluidly connected to the inlet channel configured to supply water into the bowl (see Fig. 4), a jet channel (48, 62) fluidly connected to the inlet channel configured to supply water into the bowl (see Fig. 1), a forward wall (wall of 26, 44; see annotated Fig. 4 above) configured to divert a first flow of water (C, E) from the water inlet structure into the water channel (see Fig. 4) and to divert a second flow of water (D) from the water inlet structure to the jet channel (see Fig. 4), and a vent hole (52) disposed in the inlet channel (see Fig. 4) and configured to pass air from the jet channel into the inlet channel (col. 4, l. 57 - col. 5, l. 12).
Morita further discloses a rim structure (12) including a solid annular member (annular member of 12; see Fig. 1-2); however, Morita does not disclose forming a rim structure separately from the bowl structure; and
coupling the rim structure to the bowl structure, a bottom of the solid annular member defining a top of the water channel as claimed.
Wallick discloses a powder compacting press including forming a rim structure (11) separately from the bowl structure (10, 12; see Fig. 1); and
coupling the rim structure to the bowl structure (col. 1, ll. 33-59), a bottom of the solid annular member (bottom of 11) defining a top of the water channel (top of the channel of 12; see Fig. 1). It would have been obvious to one of ordinary skill in the art to have modified the rim structure of Morita, to be separate from and coupled to the bowl structure as claimed, as taught by Wallick, since it was known in the art to form a toilet bowl of separate but connectable sections (col. 1, ll. 33-59).
Regarding claim 17, the combination above and specifically Wallick further discloses the rim structure is disposed entirely above the water channel (channel of 12; see Fig. 1).
Regarding claim 18, the combination above and specifically Morita further discloses the vent hole is a downwardly extending bore (see Fig. 4) disposed on a ledge (ledge of 52) elevated from a bottom of the inlet channel (bottom of 48 below D; see Fig. 4).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morita (US 8640272) in view of Wallick (US 3664799) as applied to claim 10 above, and further in view of Whitney (US 4145772).
Regarding claim 13, Morita discloses substantially all of the elements of the present invention as stated above in the rejection of claim 10.
However, Morita does not disclose wherein at least one fastener couples the rim structure to the bowl structure, and each fastener extends through a bore in the rim structure and into the bowl structure as claimed.
Whitney discloses a toilet wherein at least one fastener (131) couples the rim structure (80) to the bowl structure (20, 40), and each fastener extends through a bore (85) in the rim structure and into the bowl structure (via 59). It would have been obvious to one of ordinary skill in the art to have modified the toilet of Morita, to include at least one fastener as claimed, as taught by Whitney, since it was known in the art that bolts can be used to hold components together (col. 7, ll. 5-9).
Claim(s) 4 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morita (US 8640272) in view of Wallick (US 3664799) as applied to claims 2 and 16 above, and further in view of Whitney (US 4145772).
Regarding claim 4, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 2.
However, Morita does not disclose wherein at least one fastener couples the rim to the bowl structure, and each fastener extends through a bore in the rim and into the bowl structure as claimed.
Whitney discloses a toilet wherein at least one fastener (131) couples the rim (80) to the bowl structure (20, 40), and each fastener extends through a bore (85) in the rim and into the bowl structure (via 59). It would have been obvious to one of ordinary skill in the art to have modified the toilet of Morita, to include at least one fastener as claimed, as taught by Whitney, since it was known in the art that bolts can be used to hold components together (col. 7, ll. 5-9).
Regarding claim 20, the combination above discloses substantially all of the elements of the present invention as stated above in the rejection of claim 16.
However, Morita does not disclose at least one fastener couples the rim structure to the bowl structure, and each fastener extends through a bore in the rim structure and into the bowl structure as claimed.
Whitney discloses a toilet wherein at least one fastener (131) couples the rim structure (80) to the bowl structure (20, 40), and each fastener extends through a bore (85) in the rim structure and into the bowl structure (via 59). It would have been obvious to one of ordinary skill in the art to have modified the toilet of Morita, to include at least one fastener as claimed, as taught by Whitney, since it was known in the art that bolts can be used to hold components together (col. 7, ll. 5-9).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM R KLOTZ whose telephone number is (571)272-0274. The examiner can normally be reached Monday-Thursday 11AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, David P 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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WILLIAM R. KLOTZ
Examiner
Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
Prosecution Insights