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 .
Response to Arguments
Applicant's arguments filed 06/18/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., individually determining waster state at surface and down in the bowl) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that Hall fails to disclose the spout modes are thus changed based on said waste states, a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In this case, Hall discloses waste state information can then be used to automatically turn on and/or aim one or more jet of water to remove the waste from the bowl, thus flushing modes are engages based on waste state information (Para. 51).
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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) 1-3, 6, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hall et al. (US 2020/0399880 A1).
Re: Claim 1, Hall discloses the claimed invention a flush toilet that flushes the toilet and discharges waste by using flush water, the flush toilet comprising:
a bowl (430) including a waste receiving surface configured to receive the waste, and a rim formed above the waste receiving surface (Fig. 4);
a discharge trap conduit (120) connected to a lower part of the bowl to discharge the waste (Fig. 3, Para. 50, discharge trap);
a spouting portion (440) provided in the bowl to spout the flush water;
a flush water supply device configured to supply the flush water to the spouting portion (Fig. 4, Para. 58, 72, pump for flush water) ;
a waste information acquisition device (144, 146) configured to acquire an information regarding the waste excreted in the bowl (Fig. 3, Para 49 and 51, information acquisition devices); and
a controller configured to determine a waste state by using the information regarding the waste and control the flush water supply device based on determination of the waste state (Para. 51-52, controller determining waste state);
wherein the controller controls the flush water supply device based on the determination of the waste state for each flush to the toilet so as to change a spout mode of the flush water spouted from the spouting portion (Para. 51, flush water supply controlled by controller based on waste determination);
wherein the controller determines the waste state based on the information regarding the waste in the bowl and the waste in pooled water in the bowl (Para. 49, 51, waste state of bowl and pool water);
the spouting portion includes a rim spouting portion (436) provided in the rim to spout the flush water along the rim (Depicted in Fig. 4) and a jet spouting portion provided at a bottom of the bowl to spout the flush water toward an inlet of the discharge trap conduit (Depicted in Fig. 4), and wherein the controller changes a spout mode of the flush water spouted from the rim spouting portion based on the waste state on the waste receiving surface of the bowl and changes the spout mode of the flush water spouted from the jet spouting portion based on the waste state in the pooled water in the bowl (Para. 51, flush water supply controlled by controller based on waste state i.e. increased waste detected either at the surface or in the bowl).
Re: Claim 2, Hall discloses the claimed invention the flush water supply device is a pump, and the controller controls the pump so as to change the spout mode of the flush water spouted from the spouting portion Fig. 4, Para. 58, 72, pump for flush water).
Re: Claim 3, Hall discloses the claimed invention the controller changes a flow velocity or a spouting duration of the flush water spouted from the spouting portion so as to change the spout mode of the flush water spouted from the spouting portion (Para. 55-56, pressure and duration of flush water may vary).
Re: Claim 6, Hall discloses the claimed invention the controller determines the waste state based on a type of the waste and an amount of the waste, both of which are the information regarding the waste (Para. 49 & 52, type and amount of waste detected).
Re: Claim 7, Hall discloses the claimed invention the controller determines the waste state based on a location or a distribution of the waste (Para. 51, location and distribution of waste detected).
Conclusion
THIS ACTION IS MADE FINAL. 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 CHARLES P. CHEYNEY whose telephone number is (571)272-9971. The examiner can normally be reached Monday - Friday, 8:00 am - 4:30 pm.
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, Paul Durand can be reached at 571-272-4459. 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.
/CHARLES P. CHEYNEY/Primary Examiner, Art Unit 3754
Prosecution Insights