Prosecution Insights
Last updated: April 19, 2026
Application No. 18/773,925

USER POSITION SENSOR AND USER PROFILES FOR TOILET

Non-Final OA §102§103
Filed
Jul 16, 2024
Examiner
SKUBINNA, CHRISTINE J
Art Unit
3754
Tech Center
3700 — Mechanical Engineering & Manufacturing
Assignee
Kohler Co.
OA Round
1 (Non-Final)
61%
Grant Probability
Moderate
1-2
OA Rounds
2y 4m
To Grant
82%
With Interview

Examiner Intelligence

Grants 61% of resolved cases
61%
Career Allow Rate
600 granted / 977 resolved
-8.6% vs TC avg
Strong +21% interview lift
Without
With
+20.6%
Interview Lift
resolved cases with interview
Typical timeline
2y 4m
Avg Prosecution
27 currently pending
Career history
1004
Total Applications
across all art units

Statute-Specific Performance

§101
0.3%
-39.7% vs TC avg
§103
47.9%
+7.9% vs TC avg
§102
22.1%
-17.9% vs TC avg
§112
19.8%
-20.2% vs TC avg
Black line = Tech Center average estimate • Based on career data from 977 resolved cases

Office Action

§102 §103
DETAILED ACTION This Office Action is responsive to application number 18/773,925 - USER POSITION SENSOR AND USER PROFILES FOR TOILET, filed on 97/16/24. Claims 1-20 are pending. Claims 21-40 have been canceled. 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 § 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) 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Gong (EP 3,238,587 B1). Regarding Claim 20 Gong shows a method for operation of an automated toilet (Fig. 4), the method comprising: detecting a user in proximity of the toilet (¶ [0022-0023] a user is “close to the toilet”); collecting image data for the user in proximity of the toilet (via camera 11, and detecting unit 12; ¶ [0022-0024]); identifying an orientation of the user in proximity of the toilet (¶ [0022-0024]; determining whether user is facing the toilet or has their back to the toilet; ¶ [0023]); and actuating a seat for the toilet in response to the orientation of the user (via 17; ¶ [0022-0024]; “control the seat and cover operation”]). 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) 1-3, 5-12 and 14-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (EP 3,238,587 B1) in view of Chung (WO 2019/199925 A1). Regarding Claim 1 Gong shows a toilet comprising: a base (500); a seat (200) rotatably coupled to the base (Fig. 5) end of the base for the purpose of maintaining toilet cleanliness as shown by Chung (¶ [0093]). Gong fails to detail a specific predetermined distance to the toilet. However, Gong details the user needs to be “close to the toilet” (¶ [0022-0023]) and the camera would conventionally have a manufacturer range or distance defining a predetermined distance. Further, Gong in another embodiment defines a predetermined distance (bounds of 300) for determining the orientation of the user and automatically raising the cover and/or the seat. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong in the first embodiment to define a predetermined distance for a user to be within, for actuation of the toilet seat and lid as shown by another embodiment of Gong. Regarding Claim 2 Gong shows the toilet of claim 1, further comprising: a memory (15) configured to store a plurality of templates for possible orientations of the user, wherein the controller is configured to compare the image data to the plurality of templates (¶ [0020-0021]). Regarding Claim 3 Gong shows the toilet of claim 1, fails to show wherein the drive mechanism comprises a motor configured to move the seat with respect to the base. However, Gong shows using a gear box, (¶ [0022] “gear box”) and motors are conventionally paired with gear boxes to drive the gears in the gear box. Turning to Chung. Chung shows using a motor (¶ [0012]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong to include a motor for driving the gears of the gear box for automatic activation of the toilet seat and lid as shown by Chung. Regarding Claim 5 Gong shows the toilet of claim 1, wherein the orientation of the user indicates the user is facing the toilet (¶ [0023]). Regarding Claim 6 Gong shows the toilet of claim 1, wherein the orientation of the user indicates the user is facing away from the toilet (¶ [0023]). Regarding Claim 7 Gong shows the toilet of claim 1, wherein the orientation of the user indicates the user is approaching the toilet (¶ [0023-0024]; the user is determined to have left the toilet, would also indicate capable of determining when the user has approached the toilet; i.e. entered or exited the predetermined distance). Regarding Claim 8 Gong shows the toilet of claim 1, wherein the orientation of the user indicates the user is moving away from the toilet (¶ [0023-0024]). Regarding Claim 9 Gong shows the toilet of claim 1, further comprising: a cover rotatably coupled to the base, wherein the drive mechanism is configured to rotate the cover with respect to the base (¶ [0022-0024]). Regarding Claim 10 Gong shows the toilet of claim 9, wherein the cover and the seat are each configured to rotate about the angled axis between a lowered position in which the cover and the seat are located adjacent the base and a stowed position in which the cover and the seat are oriented in an upward direction (¶ [0022-0024]; Fig. 1-3). Regarding Claim 11 Gong shows the toilet of claim 10, wherein the seat is configured to rotate between the lowered position and the stowed position while the cover is in the lowered position (¶ [0022-0024]). Regarding Claim 12 Gong as combined shows the toilet of claim 1, wherein the sensor is an image sensor (camera 11), the toilet further comprising: a proximity sensor configured to determine when the user is within the predetermined distance to the base, wherein the controller analyzes data from the image sensor in response to data from the proximity sensor (the camera functions additionally as a proximity sensor as it can determine when a user has left (¶ [0023-2204]; further as combined above 300 acts as a proximity sensor). Regarding Claim 14 Gong shows a toilet comprising: a base (500); a seat (200; Fig. 5) rotatably coupled to the base; a drive mechanism (17; Fig. 4) (¶ [0021];Fig. 5 An image sensor (11, 12) configured to generate image data for a user within But Gong fails to show the seat rotatable about an angled axis that is oriented upward and forward toward a front end of the base. However, Chung shows a toilet having a seat (50), with the seat rotatable about an angled axis (124; Fig. 4) that is oriented upward and forward toward a front end of the base (Fig. 4). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong to include the seat rotatable about an angled axis that is oriented upward and forward toward a front end of the base for the purpose of maintaining toilet cleanliness as shown by Chung (¶ [0093]). Gong fails to detail a specific predetermined distance to the toilet. However, Gong details the user needs to be “close to the toilet” (¶ [0022-0023]) and the camera would conventionally have a manufacturer range or distance defining a predetermined distance. Further, Gong in another embodiment defines a predetermined distance (bounds of 300) for determining the orientation of the user and automatically raising the cover and/or the seat. Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong in the first embodiment to define a predetermined distance for a user to be within, for actuation of the toilet seat and lid as shown by another embodiment of Gong. As combined Gong shows a proximity sensor (the camera functions additionally as a proximity sensor as it can determine when a user has left (¶ [0023-2204]; further as combined above 300 acts as a proximity sensor). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong to include a proximity sensor for determining when a user is within or has exited the predetermined distance as shown by Gong. Regarding Claim 15 Gong shows the toilet of claim 14, further comprising: : a memory (15) configured to store a plurality of templates for possible orientations of the user, wherein the controller is configured to compare the image data to the plurality of templates (¶ [0020-0024]). Regarding Claim 16 Gong shows the toilet of claim 14, , fails to show wherein the drive mechanism comprises a motor configured to move the seat with respect to the base. However, Gong shows using a gear box, (¶ [0022] “gear box”) and motors are conventionally paired with gear boxes to drive the gears in the gear box. Turning to Chung. Chung shows using a motor (¶ [0012]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong to include a motor for driving the gears of the gear box for automatic activation of the toilet seat and lid as shown by Chung. Regarding Claim 17 Gong shows the toilet of claim 14, wherein the orientation of the user indicates the user is facing the toilet (¶ [0023]). Regarding Claim 18 Gong shows the toilet of claim 14, further comprising: a cover rotatably coupled to the base, wherein the drive mechanism is configured to rotate the cover with respect to the base (¶ [0022-0024]). Claim(s) 4, 13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Gong (EP 3,238,587 B1) in view of Chung (WO 2019/199925 A1) in further view of Rexach et al. (US Pub. 2019/0089550). Regarding Claim 4 Gong shows the toilet of claim 1, but fails to show wherein the drive mechanism comprises a solenoid configured to move the seat with respect to the base. However, Gong details that other mechanisms may be used for the drive mechanism (¶ [0022]). Turning to Rexach. Rexach details that a solenoid may be used as a substitute for a motor for actuation (note ¶ [0157,0158]). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong to include a solenoid as suggested by Rexach for actuation of the seat for the purpose of using another known means of actuation that may not require using a motor. Regarding Claim 13 Gong shows the toilet of claim 1, wherein the sensor is an image sensor (camera 11), but fails to show the toilet further comprising: a seat sensor configured to determine when the user sits on the seat. However, Rexach shows using a pressure based seat sensor (¶ [0415). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong to include a pressure sensor as a seat sensor for determining and confirming when a user sits on the seat as shown by Rexach. Regarding Claim 19 Gong shows the toilet of claim 14, the toilet fails to show a seat sensor configured to determine when the user sits on the seat. However, Rexach shows using a pressure based seat sensor (¶ [0415). Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Gong to include a pressure sensor as a seat sensor for determining and confirming when a user sits on the seat as shown by Rexach. Conclusion The prior art made of record and not relied upon is considered pertinent to toilet; Harker (US Pub. 2025/0361707) shows an automated toilet system with image detection; Kanai (US Pub. 2024/0090879) shows image recognition processing. Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTINE J SKUBINNA whose telephone number is (571)270-5163. The examiner can normally be reached Monday thru Thursday, 9:30 AM to 6PM EST. 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 571-270-3735. 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. /CHRISTINE J SKUBINNA/Primary Examiner, Art Unit 3754 2/11/2026
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Prosecution Timeline

Jul 16, 2024
Application Filed
Feb 12, 2026
Non-Final Rejection — §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
61%
Grant Probability
82%
With Interview (+20.6%)
2y 4m
Median Time to Grant
Low
PTA Risk
Based on 977 resolved cases by this examiner. Grant probability derived from career allow rate.

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