DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
Information Disclosure Statement
Examiner note: copies of the foreign documents on the information disclosure statement filed 09/05/24 are available in the parent application files.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 10 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 16 of U.S. Patent No. 9,657,471. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims of App 18/826082
Claims of US Patent 9,657,471
1. A touchless actuation system for a toilet comprising:
at least one sensor located within a toilet reservoir and configured to generate at least one signal indicative of a distance to an object within a detection region;
a motor assembly;
a processing circuit configured to receive the at least one signal from the at least one sensor to detect the object within the detection region based on the at least one signal and cause an actuation of the motor assembly in response to the detected object
the detection region being external to the toilet.
1. A touchless actuation system for a toilet, the system comprising:
a touchless sensor; wherein the touchless sensor is a projected capacitive sensor configured to project an electromagnetic field through a surface of the closed reservoir
a motor assembly
a processing circuit configured to receive a signal from the touchless sensor and to detect an object within a detection region based on the signal, wherein the processing circuit is configured to activate the motor assembly upon detecting the object and wherein the motor assembly is configured to actuate flushing of the toilet when activated by the processing circuit;
wherein the electromagnetic field defines the detection region outside the reservoir
10. A toilet comprising:
a toilet reservoir;
at least one sensor located within the toilet reservoir and configured to generate at least one signal indicative of a distance to an object within a detection region;
a motor assembly; and
a processing circuit configured to receive the at least one signal from the at least one sensor to detect the object within the detection region based on the at least one signal and cause an actuation of the motor assembly in response to the detected object, the detection region being external to the toilet.
16. A toilet, comprising:
a reservoir
wherein the projected capacitive sensor is located within a closed reservoir for the toilet and lacks an optical path to the detection region; wherein said signal is indicative of the presence of an object within the detection region;
a motor assembly
a processing circuit configured to receive a signal from the sensor and activate the motor assembly based on said signal, wherein the motor assembly is configured to actuate flushing of the toilet when activated by the processing circuit and wherein the projected capacitive sensor is completely concealed behind an optically opaque surface of the reservoir, wherein the object is a hand or forearm of a user and the user flushes the toilet by moving said hand or forearm into the detection region without touching the toilet, the reservoir, or the projected capacitive sensor.
Claims 1-2, 4-10, and 18-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3, 12-17, and 20 of U.S. Patent No. 10,851,532. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims of App 18/826082
Claims of US Patent 10,851,532
1. A touchless actuation system for a toilet comprising:
at least one sensor located within a toilet reservoir and configured to generate at least one signal indicative of a distance to an object within a detection region;
a motor assembly;
a processing circuit configured to receive the at least one signal from the at least one sensor to detect the object within the detection region based on the at least one signal and cause an actuation of the motor assembly in response to the detected object,
the detection region being external to the toilet.
1. A touchless actuation system for a toilet comprising:
a touchless sensor located within a closed reservoir of the toilet, a signal from the touchless sensor and to detect an object within a detection region based on the signal;
a motor assembly
a processing circuit configured to receive a signal from the touchless sensor and to detect an object within a detection region based on the signal, wherein the processing circuit is configured to facilitate flushing of the toilet through interaction with the motor assembly when the object is detected,
the detection region being external to the closed reservoir.
The toilet actuation system of claim 1, wherein the at least one sensor includes: a first sensor located configured to generate a first signal indicative of a first distance to the object within the detection region; and a second sensor configured to generate a second signal indicative of a second distance to the object within the detection region.
12. wherein: the processing circuit is configured to estimate a gesture performed by a user and initiate one or more supplemental actions based on the estimated gesture; and the one or more supplemental actions include at least one of initiating a short flush, initiating a long flush, dispensing a deodorant, and initiating a cleaning process.
13. further comprising one or more additional touchless sensors; wherein the processing circuit is configured to estimate the gesture based on signals received from the one or more additional touchless sensors and the signals received from the touchless sensor.
4. The toilet actuation system of claim 2, wherein the first signal corresponds to a long flush.
12. the processing circuit is configured to estimate a gesture performed by a user and initiate one or more supplemental actions based on the estimated gesture; and the one or more supplemental actions include at least one of initiating a short flush, initiating a long flush, dispensing a deodorant, and initiating a cleaning process.
5. The toilet actuation system of claim 2, wherein the first signal corresponds to a short flush.
12. the processing circuit is configured to estimate a gesture performed by a user and initiate one or more supplemental actions based on the estimated gesture; and the one or more supplemental actions include at least one of initiating a short flush, initiating a long flush, dispensing a deodorant, and initiating a cleaning process.
6. The toilet actuation system of claim 1, wherein at least one signal indicates a first gesture for a long flush.
12. the processing circuit is configured to estimate a gesture performed by a user and initiate one or more supplemental actions based on the estimated gesture; and the one or more supplemental actions include at least one of initiating a short flush, initiating a long flush, dispensing a deodorant, and initiating a cleaning process.
7. The toilet actuation system of claim 1, wherein at least one signal indicates a second gesture for a short flush.
12. the processing circuit is configured to estimate a gesture performed by a user and initiate one or more supplemental actions based on the estimated gesture; and the one or more supplemental actions include at least one of initiating a short flush, initiating a long flush, dispensing a deodorant, and initiating a cleaning process.
9. The toilet actuation system of claim 1, wherein the toilet reservoir is formed of vitreous that is opaque.
3. The touchless actuation system of claim 1, wherein the closed reservoir is optically opaque.
10. A toilet comprising:
a toilet reservoir;
at least one sensor located within the toilet reservoir and configured to generate at least one signal indicative of a distance to an object within a detection region;
a motor assembly; and
a processing circuit configured to receive the at least one signal from the at least one sensor to detect the object within the detection region based on the at least one signal and cause an actuation of the motor assembly in response to the detected object, the detection region being external to the toilet.
14. A toilet, comprising:
a closed reservoir
a touchless sensor, a signal from the touchless sensor,
16. the touchless sensor is configured to project an electromagnetic field through the closed reservoir; the electromagnetic field defines a detection region external to the closed reservoir; the signal is indicative of the presence of the object within the detection region;
14. a motor assembly
a processing circuit configured to receive a signal from the touchless sensor and to activate the motor assembly based on the signal; wherein activation of the motor assembly facilitates flushing of the toilet
18. The toilet of claim 10, wherein the toilet reservoir is formed of vitreous that is opaque.
15. The toilet of claim 14, wherein the closed reservoir is optically opaque.
19. A method comprising: receiving a signal from at least one sensor indicative of a gesture within a detection region, wherein the gesture is detected through a closed reservoir; identifying a flush duration based on the gesture; and initiating a flush action for the flush duration.
17. A method for flushing a toilet comprising: transmitting, by the touchless sensor, a signal to a processing circuit of the touchless actuation system when an object enters the detection region; activating, by the processing circuit
20. determining, by the processing circuit, a user gesture based on the signal or a plurality of signals; comparing, by the processing circuit, the user gesture to a plurality of stored gestures, each of the stored gestures corresponding to an action associated with the touchless actuation system; initiating, by the processing circuit, a low volume flush of the toilet in response to determining that the user gesture corresponds to a stored gesture corresponding with a low volume flush; and initiating, by the processing circuit, a high volume flush of the toilet in response to determining that the user gesture corresponds to a stored gesture corresponding with a high volume flush.
Claims 1-7,9-16, and 18-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 2, 6, 8-10, 13, and 16-17 of U.S. Patent No. 11,560,702. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims of App 18/826082
Claims of US Patent 11,560,702
1 and 10. A touchless actuation system for a toilet/a toilet comprising:
at least one sensor located within a toilet reservoir and configured to generate at least one signal indicative of a distance to an object within a detection region;
a motor assembly;
a processing circuit configured to receive the at least one signal from the at least one sensor to detect the object within the detection region based on the at least one signal
and cause an actuation of the motor assembly in response to the detected object,
the detection region being external to the toilet.
10. additionally includes a reservoir
1. An actuation system for a toilet comprising:
a first sensor configured to generate a first signal indicative of a first distance to an object within a detection region, an optically opaque closed reservoir within the toilet including the first sensor
(see claim 6 below)
a processing circuit configured to receive the first signal and the second signal and identify a gesture performed by the object based on the first distance and the second distance and initiate one or more actions for the actuation system based on the gesture
6. a motor assembly configured to perform the one or more actions in response to an instruction from the processing circuit.
1. wherein the detection region for the first sensor and the second sensor is external to the closed reservoir
2 and 11. wherein the at least one sensor includes: a first sensor located configured to generate a first signal indicative of a first distance to the object within the detection region; and a second sensor configured to generate a second signal indicative of a second distance to the object within the detection region
1. a first sensor configured to generate a first signal indicative of a first distance to an object within a detection region; a second sensor configured to generate a second signal indicative of a second distance to the object within the detection region;
3 and 12. wherein the processing circuit is configured to determine whether the object is closer to the first sensor or the second sensor based on the first distance and the second distance.
8. The actuation system of claim 1, wherein the processing circuit is configured to determine whether the gesture is closer to the first sensor or the second sensor based on the first distance and the second distance.
4 and 13. wherein the first signal corresponds to a long flush.
5 and 14. wherein the first signal corresponds to a short flush.
6 and 15. wherein at least one signal indicates a first gesture for a long flush.
7 and 16. wherein at least one signal indicates a second gesture for a short flush.
9. The actuation system of claim 1, wherein the processing circuit is configured to select, in response to the gesture, the one or more actions from a plurality of actions including initiating a short flush, initiating a long flush, dispensing a deodorant, and initiating a cleaning process.
9 and 18. T wherein the toilet reservoir is formed of vitreous that is opaque.
2. The actuation system of claim 1, wherein the closed reservoir is optically opaque.
10. A toilet comprising:
a toilet reservoir;
at least one sensor located within the toilet reservoir and configured to generate at least one signal indicative of a distance to an object within a detection region;
a motor assembly; and
a processing circuit configured to receive the at least one signal from the at least one sensor to detect the object within the detection region based on the at least one signal
and cause an actuation of the motor assembly in response to the detected object,
the detection region being external to the toilet.
16. A toilet, comprising:
an optically opaque closed reservoir
a first sensor and a second sensor;
a first signal from the first sensor indicative of a first distance between an object within a detection region and
a controller configured to receive a first signal from the first sensor and receive a second signal from the second sensor indicative of a second distance between the object within the detection region external to the closed reservoir and the second sensor,
(see claim 17 below)
a detection region external to the closed reservoir
17. a motor assembly configured to perform the one or more actions in response to instruction from the controller.
11. The toilet of claim 10, wherein the at least one sensor includes: a first sensor located configured to generate a first signal indicative of a first distance to the object within the detection region; and a second sensor configured to generate a second signal indicative of a second distance to the object within the detection region.
16. a first sensor and a second sensor; and a housing including a controller configured to receive a first signal from the first sensor indicative of a first distance between an object within a detection region external to the closed reservoir and the first sensor and receive a second signal from the second sensor indicative of a second distance between the object within the detection region external to the closed reservoir and the second sensor,
19. A method comprising: receiving a signal from at least one sensor indicative of a gesture within a detection region, wherein the gesture is detected through a closed reservoir; identifying a flush duration based on the gesture; and initiating a flush action for the flush duration.
10. A method for an actuation system for a toilet, the method comprising: receiving a first signal from a first sensor, the first signal indicative of a first distance between an object within a detection region, identifying a gesture performed by a user based on the first distance and the second distance; initiating one or more actions for the actuation system based on the gesture;
13. wherein the one or more actions includes flushing of the toilet.
Claims 1-3,9-12, and 18-19 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3 and 6-8 of U.S. Patent No. 12,098,534. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claims of App 18/826082
Claims of US Patent 12,098,534
1 and 10. A touchless actuation system for a toilet/a toilet comprising:
• at least one sensor located within a toilet reservoir and configured to generate at least one signal indicative of a distance to an object within a detection region;
• a motor assembly;
• a processing circuit configured to receive the at least one signal from the at least one sensor to detect the object within the detection region based on the at least one signal
• and cause an actuation of the motor assembly in response to the detected object,
the detection region being external to the toilet.
10. additionally includes a reservoir
1. A toilet actuation system for a toilet reservoir comprising:
a first sensor located within the toilet reservoir and configured to generate a first signal indicative of a first distance to an object within a detection region;
(see claim 6)
and a processing circuit configured to receive the first signal and the second signal and identify a gesture performed by the object detected by both the first sensor and the second sensor at the first distance and the second distance, respectively,
and initiate one or more actions for the toilet actuation system based on the gesture,
2. the detection region is external to the toilet reservoir
6. further comprising: a motor assembly configured to perform the one or more actions in response to an instruction from the processing circuit.
2 and 11. The toilet actuation system of claim 1, wherein the at least one sensor includes: a first sensor located configured to generate a first signal indicative of a first distance to the object within the detection region; and a second sensor configured to generate a second signal indicative of a second distance to the object within the detection region.
1. a second sensor located within the toilet reservoir and configured to generate a second signal indicative of a second distance to the object within the detection region;
3 and 12. The toilet actuation system of claim 2, wherein the processing circuit is configured to determine whether the object is closer to the first sensor or the second sensor based on the first distance and the second distance.
7. The toilet actuation system of claim 1, wherein the processing circuit is configured to determine whether the gesture is closer to the first sensor or the second sensor based on the first distance and the second distance
9 and 18. The toilet actuation system of claim 1, wherein the toilet reservoir is formed of vitreous that is opaque
3. The toilet actuation system of claim 2, wherein the toilet reservoir is formed of vitreous that is opaque.
19. A method comprising: receiving a signal from at least one sensor indicative of a gesture within a detection region, wherein the gesture is detected through a closed reservoir; identifying a flush duration based on the gesture; and initiating a flush action for the flush duration.
8. A method for an actuation system for a toilet, the method comprising: receiving a first signal from a first sensor, the first signal indicative of a first distance between an object within a detection region and the first sensor; receiving a second signal from a second sensor indicative of a second distance between the object within the detection region and the second sensor, wherein the first signal and the second signal is projected through a closed reservoir within the toilet including the first sensor and the second sensor; identifying a direction of a gesture performed by a user based on the first distance and the second distance; initiating a cleaning process when the direction of the gesture is a first direction; and initiating a flush action when the direction of the gesture is a second direction.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
Claim(s) 1-3 and 10 – 12 is/are rejected under pre-AIA 35 U.S.C. 102(b) as being anticipated by US Patent 6,279,173 (hereinafter Denzin).
Regarding claims 1 and 10, Denzin discloses a touchless actuation system for a toilet/a toilet comprising: a toilet reservoir (152), at least one sensor (112) located within a toilet reservoir (152) and configured to generate at least one signal indicative of a distance to an object within a detection region (col. 9, ln. 53-59); a motor assembly (col. 7, ln. 34-40); and a processing circuit (58) configured to receive the at least one signal from the at least one sensor to detect the object within the detection region based on the at least one signal and cause an actuation of the motor assembly in response to the detected object (col. 8, ln. 33-44), the detection region being external to the toilet (col. 8, ln. 24-32).
Regarding claims 2 and 11, Denzin discloses the toilet actuation system of claim 1, wherein the at least one sensor includes: a first sensor located configured to generate a first signal indicative of a first distance to the object within the detection region; and a second sensor configured to generate a second signal indicative of a second distance to the object within the detection region (col. 9, ln. 66-col. 10, ln. 14).
Regarding claims 3 and 12, Denzin discloses the toilet actuation system of claim 2, wherein the processing circuit is configured to determine whether the object is closer to the first sensor or the second sensor based on the first distance and the second distance (col. 10, ln. 8-12).
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of pre-AIA 35 U.S.C. 103(a) which forms the basis for all obviousness rejections set forth in this Office action:
(a) A patent may not be obtained though the invention is not identically disclosed or described as set forth in section 102, if the differences between the subject matter sought to be patented and the prior art are such that the subject matter as a whole would have been obvious at the time the invention was made to a person having ordinary skill in the art to which said subject matter pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim 1-7, 10-16, and 19 is/are rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over US Patent Application Publication 2011/0197350 (hereinafter Dudley) in view of Denzin.
Regarding claims 1 and 10, Dudley discloses a touchless actuation system for a toilet/a toilet comprising: a toilet reservoir (3); at least one sensor (23a)
Regarding claims 2 and 11, Dudley fails to show the at least one sensor includes: a first sensor located configured to generate a first signal indicative of a first distance to the object within the detection region; and a second sensor configured to generate a second signal indicative of a second distance to the object within the detection region. Attention is again turned to Denzin which teaches a first and second sensor for generating first and second signals indicative of distances to the object within the detection region (col. 9, ln. 66-col. 10, ln. 14). It would have been obvious to one having ordinary skill in the art to modify the sensor of Dudley such as that taught by Denzin above to allow for more precise sensing as evidenced by the teachings of Denzin mentioned above.
Regarding claims 3 and 12, under the modification in view of Denzin, Denzin shows wherein the processing circuit is configured to determine whether the object is closer to the first sensor or the second sensor based on the first distance and the second distance (col. 10, ln. 8-12).
Regarding claims 4 and 13, Dudley shows the first signal corresponds to a long flush (par. 35).
Regarding claims 5 and 14, Dudley shows wherein the first signal corresponds to a short flush (par. 35).
Regarding claims 6 and 15, Dudley shows wherein at least one signal indicates a first gesture for a long flush (par. 35).
Regarding claims 7 and 16, Dudley shows wherein at least one signal indicates a second gesture for a short flush (par. 35).
Regarding claim 19, Dudley shows a method comprising: receiving a signal from at least one sensor (23a) indicative of a gesture within a detection region (par. 35), 35); and initiating a flush action for the flush duration (par. 35). Dudley fails to show the at least one sensor is located within a toilet reservoir. Attention is turned to Denzin which teaches a control system for a toilet with a sensor (112) located within a toilet tank reservoir that actuates a motor assembly based on a detection signal from the sensor, teaching that such a configuration allows for a more accurate sensor and detection region as compared to a conventional infrared sensor (col. 1, ln. 59-col. 2, ln. 5; col. 2, ln. 31-40). It would have been obvious to one having ordinary skill in the art to modify the system of Dudley to locate the sensor within the closed reservoir to provide a more accurate sensing configuration as evidenced by the teachings of Denzin mentioned above.
Claims 8-9, 17-18, and 20 rejected under pre-AIA 35 U.S.C. 103(a) as being unpatentable over Dudley and Denzin as applied to claim 1-7, 10-16, and 19 above, and further in view of US Patent 7,565,706 (hereinafter Janssen).
Regarding claims 8-9, 17-18, and 20, Dudley is silent as to the style of the toilet tank and thus fails to show it is an in-wall tank, and furthermore that it is made of vitreous that is opaque. Attention is turned to Janssen which shows mounting a toilet tank in-wall (20) is a suitable location depending on a user’s design needs, and to select opaque vitreous china is a well-known material based on its suitability for its intended use (col. 6, ln. 36-40). Accordingly, it would have been obvious to one having ordinary skill in the art to configuration the toilet tank of Dudley as an in-wall tank, and to select vitreous opaque china as a matter of design considerations known in the art and suitable for their intended use as evidenced by the teachings above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent 8,281,422 is directed to the state of the art of hidden sensors for flush valves in plumbing fixtures.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JANIE M LOEPPKE whose telephone number is (571)270-5208. The examiner can normally be reached M-F 9AM-5PM ET.
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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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/JANIE M LOEPPKE/Primary Examiner, Art Unit 3754
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