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
Applicant’s election without traverse of Species A in the reply filed on 3/11/26 is acknowledged.
Claims 8 and 9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Claims 1-7 and 10 remain for examination.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the d<D relationship as defined in claim 6 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: water supplement structure in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 7 and 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 7, it is not clear if “a top opening” is the same top opening as recited in parent claim 1 or if it refers to a different top opening.
Regarding claim 10:
In line 3, “a lower jet nozzle” is a double inclusion of the lower jet nozzle set forth in claim 1.
In line 3, “a lower flushing port” is a double inclusion of the lower flushing port set forth in claim 1
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 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ye et al. (CN 212294942 hereinafter Ye) in view of Shinkawa et al. (JP 200319353 hereinafter Shinkawa) and Garrels et al. (US 11,879,242 hereinafter Garrels).
Regarding claim 1, Chen discloses a pressure-flushing apparatus (fig. 4)(contents of the invention, first paragraph, p. 3), comprising: a toilet chamber (fig. 4) , wherein the toilet chamber comprises a lower flushing port (101); a lower jet nozzle (fig. 6) arranged at the lower flushing port (see enlarged section of fig. 4), wherein the lower jet nozzle comprises a sleeve tube (3, 11) arranged in a sidewall (where 101 is located) of a water seal recess of the toilet chamber (sump portion of toilet, see fig. 4), a venturi tube (10) is installed inside the sleeve tube, and a negative pressure port (see annotated figure below) is formed between an outer wall of the venturi tube and an inner wall of the sleeve tube; at least one water mixing area (see annotated figure below) arranged on an outer peripheral surface of the sleeve tube, and the water mixing area communicates with sealing water in the water seal recess through the negative pressure port (see dotted line with rearward arrows in fig. 6), wherein after pressurized water flows (from 0) into the venturi tube, a negative pressure is formed at the negative pressure port (see machine translation, p. 4, last two paragraphs).
Ye however does not show that there is a water supplement structure in communication with the water mixing area such that water in the water supplement area is sucked through the water mixing area to be combined with pressurized water to flush down waste, the water supplement structure being internally provided with a ventilation plane having a top opening higher than the sealing water in the recess. Ye instead shows that water is sucked in from the seal well. Attention is turned to Shinkawa which teaches a similar pressure flushing toilet (1) having an upper flushing port (10, 15) and a lower flushing port, the lower flushing port having a jet nozzle with a sleeve tube, venturi and water mixing area, the water mixing area being in communication with a water supplement structure (8), where after pressurized water flows into the venturi tube, negative pressure is formed and water in the supplement is sucked through the water mixing area and combined with the pressurized water to flush down waste (see machine translation, p. 5, first para., ln. 7-13), the water supplement structure being internally provided with a ventilation plane (fig. 5) having a top opening (14) higher than the sealing water in the water seal recess (see annotated figure below). It would have been obvious to have provided an upper flushing port so that the upper portions of the bowl surface can be cleaned. It would have been obvious to have provided a water supplement structure so that a larger and higher pressure of flushing water can be supplied at the toilet outlet.
Ye does not show that the toilet is made from ceramic. Attention is turned to Garrels which teaches that it is known to form toilets and toilet components from ceramic (col. 12, ln. 34). It would have been obvious to one having ordinary skill in the art at the time of effective filing to have provided the toilet of Ye in ceramic since it is non-porous and a standard material in the toilet arts.
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Regarding claim 2, Ye as modified shows all of the instant invention as discussed above, and further shows that the diameter of an outer side edge of the sleeve tube in the axial direction proximal a water outlet is larger than the diameter of the lower flushing port. See enlarged section of figure 4, flanged portion at 3 is unambiguously large than port 101.
Regarding claim 3, Ye as modified shows all of the instant invention as discussed above, and further shows that a side of the sleeve tube in the axial direction proximate to a water inlet end (at 0) at least partially extends out of the toilet chamber to form a protrusion that matches with a nut to fix the lower jet nozzle in the lower flushing port. See annotated figure below.
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Regarding claim 4, Ye as modified shows that a bottom surface of the water supplement (see annotated figure above) structure is located above the sleeve tube and mixing area (see annotated figure for location under proposed modification), such that when water is refilled into the seal recess by the upper flushing port, the water will partly flow into the mixing area through the negative pressure port to refill water into the supplement structure. Note that under the proposed modification, there will be at least one opening in the sleeve tube to communicate water from the supplement structure to the mixing area, and in the course of refilling, there will necessarily be some backflow.
Regarding claim 5, Ye as modified shows that the water supplement structure is arrange d in the interior of the toilet chamber (see annotated figure below) and is separated from the water seal recess by a ceramic partition, and a bottom part of the ceramic partition is ‘biased’ against an outer peripheral surface of the sleeve tube. Note that insofar as the nozzle is held in place by the nut and washer/packing (see annotated figure above), and absent any other discussion in the specification, it is considered to be ‘biased’ as claimed.
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Regarding claim 6, Ye as modified shows all of the instant invention as discussed above, and further provides that the mixing section has a length d, and a distance between the ceramic partition and an inner sidewall of the toilet chamber is D, but is silent as to d<D. However, there is nothing in the record which establishes that the claimed dimension presents a novel or unexpected result, is used for a particular purpose, or solves a stated problem (MPEP 2144.05(III)). Therefore, one of ordinary skill in the art would expect the toilet of Ye as modified to perform equally well as applicant's. It would have been obvious to have modified the device of Ye as combined to be dimensioned as claimed since such a modification is a mere design consideration which fails to patentably distinguish. MPEP 2144.04(IV)(A).
Regarding claim 7, Ye as modified shows all of the instant invention as discussed above, and further shows a first ventilation pipeline (see annotated figure below), such that the water supplement structure is in air communication with an exterior thorough the pipeline and a top opening of the pipeline is higher than a liquid level of the sealing water after filling. See figure 1 of Shinkawa, the seal height is limited by the dam of the siphon leg 5 and 14 is unambiguously located above it.
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Regarding claim 10, Ye as modified shows a ceramic pressure-flushing method, comprising the ceramic pressure-flushing apparatus according to claim 1 (see rejection above), and comprising the following steps: step 1: installing a lower jet nozzle in a lower flushing port located in the water seal recess of a ceramic toilet bowl, providing the venturi tube inside the lower jet nozzle, and forming the negative pressure port on the venturi tube (fig. 6 of Ye, annotated figures above); step 2: providing the water supplement structure in an interior or an exterior of the ceramic toilet bowl and connecting the water supplement structure to the negative pressure port of the lower jet nozzle (see proposed modification of Ye with Shinkawa); step 3: feeding pressurized water to the lower jet nozzle, and mixing water in the water supplement structure with the pressurized water by a suction force created on the negative pressure port to form mixed water to flush down waste in the ceramic toilet bowl (see machine translation, 9. 4, last two paragraphs). The method as recited is performed during the normal use of the device of Ye as modified.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN 215802071, CN 214994414, and JP2002322717 show venturi assisted flush toilets of interest to the instant invention.
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