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 Group I in the reply filed on 05/20/2026 is acknowledged. Claims 11-27 and 31-33 remain pending.
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.
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) 11, 23 and 25 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Patent 10,519,640 (hereinafter Tanimoto).
Regarding claim 11, Tanimoto discloses a hidden water tank device (fig. 1), comprising: a water tank (4); a valve assembly (12, 14) configured to be disposed in the water tank, the valve assembly comprising: an inlet valve (12) configured to be connected to a water replenishment pipe configured to supply water to a toilet bowl (note annotated fig. below); and a flushing valve (14) comprising an outlet end (generally at 24); and a flushing pipe (28) configured to be connected to the toilet bowl and in fluid communication with the water replenishment pipe, the flushing pipe comprising: a first end of the flushing pipe configured to extend to an outside of the water tank (fig. 1 shows the flushing pipe 28 extending from the bottom of the toilet tank); and a second end configured to be connected to the outlet end of the flushing valve (fig. 2 shows the second end of (28) adjacent outlet (22)).
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Regarding claim 23, Tanimoto discloses further comprising: an outlet joint disposed on one side of the inlet valve and configured to be connected to an inlet end of the water replenishment pipe (note annotated fig. above regarding claim 11).
Regarding claim 25, Tanimoto discloses a toilet, comprising: a toilet bowl (“bowl portion” of toilet body (10); col. 7, ln. 13-14) a hidden water tank device (fig. 1), comprising: a water tank (4); a valve assembly (12, 14) configured to be disposed in the water tank, the valve assembly comprising: an inlet valve (12) configured to be connected to a water replenishment pipe configured to supply water to the toilet bowl (note annotated fig. above regarding claim 11); and a flushing valve (14) comprising an outlet end (generally at 24); and a flushing pipe (28) configured to be connected to the toilet bowl and in fluid communication with the water replenishment pipe, the flushing pipe comprising: a first end of the flushing pipe configured to extend to an outside of the water tank (fig. 1 shows the flushing pipe 28 extending from the bottom of the toilet tank); and a second end configured to be connected to the outlet end of the flushing valve (fig. 2 shows the second end of (28) adjacent outlet (22)).
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 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) 12-16 and 24, 26-27, and 31-33 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanimoto in view of US Patent 11,365,533 (hereinafter Jensen).
Regarding claims 12 and 26, Tanimoto shows all in the instant invention as claimed as set forth above but fails to show an outlet end of the water replenishment pipe is configured to be connected to the flushing pipe. Examiner note: claims 11 and 25 do not positively recite the water replenishment pipe but rather that the inlet valve is configured to be connected to a water replenishment pipe, and accordingly, it is not presumed to be part of the combination of structural elements required by claims 11 and 25. However, as claims 12 and 26 further define the water replenishment pipe, it is now presumed that the combination is required and is treated as such for claims 12 and 25. Attention is turned to Jensen in the same field of endeavor of flush valves and toilet tanks which shows a water replenishment pipe (108) coupled at an inlet end to an inlet valve (105) and an outlet end (adjacent (109) configured to be connected to a flushing pipe via an overflow pipe (102) to refill the toilet bowl after flushing is finished (col. 11, ln. 16-25). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the invention of Tanimoto to include a water replenishment pipe with an outlet end connected to the flushing pipe to refill the bowl as is known in the art and evidenced by the teachings of Jensen.
Regarding claims 13 and 27, Tanimoto shows all in the instant invention as claimed as set forth above including the flushing valve comprises an overflow pipe (66) configured to be in fluid communication with the flushing piper (28), but fails to show wherein an outlet end of the water replenishment pipe is configured to be in fluid communication with the overflow pipe. Examiner note: claims 11 and 25 do not positively recite the water replenishment pipe but rather that the inlet valve is configured to be connected to a water replenishment pipe, and accordingly, it is not presumed to be part of the combination of structural elements required by claims 11 and 25. However, as claims 13 and 27 further define the water replenishment pipe, it is now presumed that the combination is required and is treated as such for claims 13 and 27. Attention is turned to Jensen in the same field of endeavor of flush valves and toilet tanks which shows a water replenishment pipe (108) coupled at an inlet end to an inlet valve (105) and an outlet end (adjacent (109) configured to be connected to a flushing pipe via an overflow pipe (102) to refill the toilet bowl after flushing is finished (col. 11, ln. 16-25). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the invention of Tanimoto to include a water replenishment pipe with an outlet end connected to the flushing pipe to refill the bowl as is known in the art and evidenced by the teachings of Jensen.
Regarding claims 14 and 31, the combination of Tanimoto and Jensen shows all in the instant invention as claimed as set forth above, and Jensen further shows wherein the outlet end of the water replenishment pipe (312) is configured to be disposed in the overflow pipe (308) (fig. 3).
Regarding claims 15 and 32, the combination of Tanimoto and Jensen shows all in the instant invention as claimed as set forth above, and Tanimoto further shows a drive mechanism (1) configured to be disposed in the water tank and open or close the flushing valve (fig. 2; col. 6, ln. 63-67).
Regarding claims 16 and 33, the combination of Tanimoto and Jensen shows all in the instant invention as claimed as set forth above, and Tanimoto further shows wherein the drive mechanism (1) is configured to be disposed above the flushing valve (14) (fig. 2).
Regarding claim 24, Tanimoto shows all in the instant invention as claimed as set forth above but fails to show the water replenishment pipe is a flexible hose. Examiner note: claim 11 does not positively recite the water replenishment pipe but rather that the inlet valve is configured to be connected to a water replenishment pipe, and accordingly, it is not presumed to be part of the combination of structural elements required by claim 11. However, as claim 24 further defines the water replenishment pipe, it is now presumed that the combination is required and is treated as such for claim 24. Attention is turned to Jensen in the same field of endeavor of flush valves and toilet tanks which shows a flexible hose as a water replenishment pipe (108) coupled at an inlet end to an inlet valve (105) and an outlet end (adjacent (109) configured to be connected to a flushing pipe via an overflow pipe (102) to refill the toilet bowl after flushing is finished (col. 11, ln. 16-25). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to modify the invention of Tanimoto to include a water replenishment pipe that is a flexible hose to refill the bowl as is known in the art and evidenced by the teachings of Jensen.
Claim(s) 17-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanimoto and Jensen as applied to claims 12-16 above, and further in view of US Patent 6,182,302 (hereinafter Marti).
Regarding claim 17, the combination of Tanimoto and Jensen shows all in the instant invention as claimed as set forth above, but fails to show wherein the drive mechanism comprises an airbag member, and wherein the flushing valve comprises a lifting arm configured to be connected to the airbag member. Examiner note: the term “airbag” is not conventional terminology in the flush valve arts; accordingly, Examiner is interpreting the term in light of applicant’s specification. Attention is turned to Marti, in the same field of endeavor of flushing valves and toilet tanks, which shows a lifting arm (28) associated with an actuator for a flush valve, and teaches that pneumatic actuation is a known type of actuation for achieving the expected result of lifting and lowering a valve assembly (col. 3, ln. 40-53). It would have been obvious to one having ordinary skill in the art before the effective filing of the claimed invention to include a lifting arm and airbag (i.e. pneumatic) member to efficiently lift the valve as is known in the art and would produce the expected result to function as intended as evidenced by the teachings of Marti mentioned above.
Regarding claim 18, Tanimoto further shows the drive mechanism comprises: a housing (32, 34); and a connecting pipe (30) configured to be disposed on the housing and extend in an up-and- down direction of the housing (fig. 3).
Allowable Subject Matter
Claim 19 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. Claims 20-22 are similarly objected to as they depend from claim 19 and would inherit the allowable subject matter.
The following is a statement of reasons for the indication of allowable subject matter: Tanimoto shows the connecting pipe (30) located remotely from the overflow pipe (66). Due to the configuration and location of the overflow pipe (66) within the valve assembly (14), it would not have been obvious to one having ordinary skill in the art to modify the device to have the connecting pipe (30) lower end be in fluid communication with the overflow pipe (see fig. 2 of Tanimoto) as such a modification would not be structurally permissible and still operate as intended.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Patent Application Publication 2019/0330830 is directed to the state of the art of wall mounted/hidden toilet tanks.
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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