DETAILED ACTION
This is responsive to the amendment dated 4/17/26.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 § 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) 1 - 7, 11, 14 - 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Contadini (US 7,032,256) in view of Lin (US 9,882,451).
Regarding claim 1, Contadini discloses a toilet (5) comprising: a tank (14), a power source (38) within the tank (fig. 7, batteries 38 are located in 30 which is located in tank); an electrical wire (124) connected to the power source and to a light (IR sensor 20)(col. 5, ln. 16-20) and a light housing (110,30) which is coupled near an upper edge of the tan; and a channel configured to prevent compression of the wire (see annotated figure below).
Contadini fails to show that the light is visible. Attention is turned to Lin which teaches a similar light emitting sensor (251) which is also an LED that provides night illumination (col. 3, ln. 62), that is, emits visible light. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the sensor of Contadini with a light which emits in the visible spectrum so that a user does not have to turn on a bright, overhead light in the event of nighttime bathroom usage.
Contadini does not show that the light housing is coupled to an upper edge of the tank. Attention is again turned to Lin which teaches a similar toilet having a tank (40) and a light housing (10) configured to be coupled to an upper edge of the tank (see fig. 5). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the light housing mount of Lin in the device of Contadini so that the housing can be removably affixed to the toilet tank without requiring additional fasteners or modification to the tank.
Regarding claim 2, Contadini as modified by Lin teaches that the night is a nightlight (Lin, col. 3, ln. 62)
Regarding claim 3, Contadini as modified shows all of the instant invention as discussed above, and further shows that the light housing is u-shaped (151, fig. 1 of Lin) to fit the upper edge of the tank.
Regarding claim 4, Contadini as modified shows all of the instant invention as discussed above, and further shows that there is a circuit board (121) coupled to the light (20) and the wire (124).
Regarding claim 5, Contadini as modified also shows a processing circuit (32, 33) within the tank (fig. 2) and coupled to the circuit board (via 39, 124).
Regarding claim 6, Contadini as modified further shows a lens (127) configured to allow transmission of the light.
Regarding claim 7, Contadini further shows a seal (126) between the wire (124) and the lens and configured to prevent contaminants from reaching the circuit board. PCB (121) is mounted on posts (111) behind the lens (127), handle assembly is mounted to faceplate (130) via post and fastener (138, 135) and seal (126) is received in slot (131) to connect the wire (124) to the PCB (at 125). The plug/seal will prevent contaminants from reaching the PCB.
Regarding claim 11, Contadini shows that the light is concealed behind the tank (see fig. 13, note that any portion of the tank that is not the front panel of the tank is considered “behind” and note that positioning the light on the sidewall of the tank conceals it from a user approaching the toilet from the opposite side).
Regarding claim 14, Contadini shows a light system (100) for a toilet (5) comprising: a power source (38) within a tank (14)(fig. 7, batteries 38 are located in 30 which is located in tank), a cable (124) connected to the power source and a light (IR sensor 20)(col. 5, ln. 16-20) and a light housing (110,30) which is coupled near an upper edge of the tank; and a channel configured to prevent compression of the cable (see annotated figure below).
Contadini however does not show that the light housing is coupled to an upper edge of the tank. Attention is turned to Lin which teaches a similar toilet having a tank (40) and a light housing (10) configured to be coupled to an upper edge of the tank (see fig. 5). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the light housing mount of Lin in the device of Contadini so that the housing can be removably affixed to the toilet tank without requiring additional fasteners or modification to the tank.
Contadini also fails to show that the light is a nightlight that emits light which is visible to a user. Attention is again turned to Lin which teaches a similar light emitting sensor (251) which is an LED that provides night illumination (col. 3, ln. 62) that is, emits visible light. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the sensor of Contadini with a night illumination function so that a user does not have to turn on a bright, overhead light in the event of nighttime bathroom usage.
Regarding claim 15, Contadini as modified shows all of the instant invention as discussed above, and further shows that the light housing is u-shaped (151, fig. 1 of Lin) to fit the upper edge of the tank.
Regarding claim 16, Contadini as modified shows all of the instant invention as discussed above, and further shows that there is a circuit board (121) coupled to the light (20) and the wire (124) and a processing circuit (32, 33) within the tank (fig. 2) and coupled to the circuit board (via 39, 124).
Regarding claim 17, Contadini further shows a lens (127) configured to allow transmission of the light and shows a seal (126) between the wire (124) and the lens and configured to prevent contaminants from reaching the circuit board. PCB (121) is mounted on posts (111) behind the lens (127), handle assembly is mounted to faceplate (130) via post and fastener (138, 135) and seal (126) is received in slot (131) to connect the wire (124) to the PCB (at 125). The plug/seal will prevent contaminants from reaching the PCB.
Regarding claim 20, Contadini shows a light system (100) for a toilet (5) comprising: a power source (38) within a tank(14)(fig. 7, batteries 38 are located in 30 which is located in tank), an electric wire (124) connected to the power source and a light (IR sensor 20)(col. 5, ln. 16-20) and a light housing (110,30) which is coupled near an upper edge of the tank; and a channel configured to prevent compression of the cable (see annotated figure below).
Contadini however does not show that the housing is coupled to an upper edge of the tank and is U-shaped. Attention is turned to Lin which teaches a similar toilet having a tank (40) and a light housing (10) configured to be coupled to an upper edge of the tank (see fig. 5), the housing having a u-shape (151). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the light housing mount of Lin in the device of Contadini so that the housing can be removably affixed to the toilet tank without requiring additional fasteners or modification to the tank.
Contadini also fails to show that the light is a nightlight that emits light visible to the user. Attention is again turned to Lin which teaches a similar light emitting sensor (251) which is an LED that provides night illumination (col. 3, ln. 62), that is, emits visible light. It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the sensor of Contadini with a night illumination function so that a user does not have to turn on a bright, overhead light in the event of nighttime bathroom usage.
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Claim(s) 8 - 10 and 18 - 19 are rejected under 35 U.S.C. 103 as being unpatentable over Contadini and Lin, as applied to claims 1 and 14, in view of Veros et al. (WO 2013/138483 hereinafter Veros).
Regarding claims 8-10 and 18-19, Contadini as modified shows all of the instant invention as discussed above, and further provides a touchless actuation system, including a flush sensor (123) configured to generate data for the actuation system and provide a flush signal (col. 5, ln. 54 - col. 6, ln. 26). Contadini however does not show that the light indicates a status or mode of the actuation system/flush sensor. Attention is turned to Veros which teaches a similar touchless flush system which teaches an indicator light (88) and a flush sensor (234, 230) where the indicator light indicates settings or a status or mode of the actuation system and flush sensor (para. [00135], the light indicates when it is time to change a battery of the sensor/system which is considered to be a status and a setting). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided additional functionality to the device of Contadini as modified that indicates a status, mode, or setting of setting of the flush sensor and touchless system so that a user can quickly reference whether or not the flush sensor is operational or needs attention.
Claim(s) 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Contadini and Lin, as applied to claim 1, in view of Bennetts (WO 2007/065177).
Regarding claims 12-13, Contadini shows all of the instant invention as discussed above, but does not show a communications interface as claimed. Attention is turned to Bennetts which teaches a lighting system for a toilet (40) having a communications interface (32) which controls setting of the light which is a lighting schedule (para. [0022]). It would have been obvious to have provided some kind of communications or controlling functionality to the device of Contadini so that the light is not constantly running and drawing down power in the batteries.
Response to Arguments
Applicant’s arguments have been fully considered, but they are not persuasive.
Applicant argues that Lin is not a light housing. The Examiner respectfully disagrees and notes that the flush lever 20, driving device housing 10, and hanging bracket 15 constitute a housing for the sensor light 251 and provide an alternate way of mounting the light/flushing device of Contadini to the tank without requiring modification thereof, as articulated in the rejection above.
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 ERIN L DEERY whose telephone number is (571)270-1928. The examiner can normally be reached Mon - Thur, 7:30am - 4:30pm; Fri 8:00am-12:00pm.
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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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/ERIN DEERY/Primary Examiner, Art Unit 3754
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