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, see Pg. 7, filed 6/2/26, with respect to the rejection(s) of claim(s) 1 and 20 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of a different interpretation of the prior art of record Bensen and Guler clarifying the difference between an ‘actuator’ and an ‘input connector’ as they are now referred to instead of ‘inputs’ as well as detailing the physical connections formed by a selective attachment of the actuator to one of various input connections.
Applicant's arguments filed 6/2/26 have been fully considered but they are not persuasive.
In response to applicant's argument that their actuator is configured to be connected to an input connector, detached and then attached to a physically distinct second input connector, 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 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., See Remarks Pgs. 8-12, details of the input connector, details of the connection from the actuator such as how it is used and that it is a single continuous physical structure, that it only includes a single actuator switchable between input connectors) 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).
Applicant has argued, Pg. 8, that Bensen comprises two permanently wired buttons and as such cannot satisfy the limitations of the claim requiring an actuator be coupled to one of two input connectors to activate a flush of a predetermined volume. Applicant has argued that Bensen does not disclose ‘a plurality of physically distinct input connectors where a single flush actuator is selectively connected to only one of the connectors at a time to pre-configure operation of the toilet’.
These arguments are not persuasive because the buttons themselves are the actuator and as such are selectively connected to one of a plurality of physically distinct input connectors at a time in the forms of physically engaging the switches and/or closing circuit connections. Applicant has not claimed any details regarding the structure of the connection between the flush actuator and the input connector or how such a connection is made. Applicant has not defined a structure of an ‘input connector’. There is no claim requirement that the actuator and whatever it uses to form a physical connection have to be detachable from a first input connector and connectable to a second, different input connector. The claim language does not preclude the two buttons being interpreted as ‘a flush actuator’ and does not preclude that actuator forming different connections with different input connectors when either button is pressed/activated.
Applicant has argued, Pg. 10, that Guler requires a jumper switch be connected to select a flush volume and argues that this means Guler does not selectively connect the flush actuator to different input locations. Applicant also argues that this is a ‘two part hardware system’ which Applicant argues is different than their invention.
This argument is not persuasive. Applicant has not claimed any details regarding the structure of the connection between the flush actuator and the input connector or how such a connection is made. There is no claim requirement that the actuator and whatever it uses to form a physical connection have to be a ‘single piece of hardware’ (however Applicant would define a ‘single piece’ as a physical button structure would presumably be connected to wiring at some point). There is no claim language requiring if that connection must be breakable, how it must be broken, and/or any details regarding if and how to switch the actuator from one input connector to a second.
Guler discloses an actuator in the form of a button which is physically connected to the circuit board and other components through its mounting. This actuator however is not fully connected to the input connector until a jump switch/connector is physically coupled to one of multiple input connectors. At that point a physical jumper connector is attached to an input connector (of the available options on jumper 320) to connect the button to a single flush volume/run time. As such the actuator has a single physical jumper connector that can only connect to one input connector at a time and which in doing so causes that actuator to be configured to initiate the chosen flush volume/time when activated. The physical buttons themselves are physically connected to the board and the input connectors with the final physical connection being the placement of the jumper switch/connector.
If applicant seeks protection for a different form of physical connector or connection/adjustment processes then such features must be included in the claim language.
It is further noted that the amended language of the independent claims 1 and 11:
wherein a flush actuator is configured to be connected to only one of the first input connector or the second input connector at a time to select a flush volume for the toilet; and
Does not require a system in which an actuator can be plugged/connected to one input connector, detached and connected to another input connector. If the actuator is configured to attach to either of two distinct input connectors and is then connected to one then it satisfies the claim language. Again, this language also does not define or otherwise limit what form of connection or what would be considered ‘connected’.
Regarding the amended claim language of claims 1 and 11:
a control circuit configured to generate a control signal to open a valve for a first time period corresponding to the first flush volume when the actuator is connected to the first input connector and activated and to open the valve for a second time period corresponding to the second flush volume when the actuator is connected to the second input connector and activated
The language requires the control circuit to operate for the flush value of the input connector which the actuator is connected to, it doesn’t require the capability of switching the actuator between input connectors or anything else.
Regarding Applicant’s arguments against the dependent claims rejected under 35 USC 103 (Remarks, Pg. 11) it is noted that Applicant’s remarks are directed at an alleged failure of the teaching references to satisfy the alleged deficiencies of the rejection of the independent claims and such arguments were addressed above. As such the arguments against the dependent claims are moot.
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 12-13 is 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 12, the claim calls for “an actuator configure to receive a user instruction”.
Applicant’s disclosure indicates a single actuator which has already been claimed in claim 11 from which claim 12 depends: “wherein a flush actuator is configured to be connected to only one of…”.
As such a flush actuator has already been recited and defined as being connectable to the input connectors and being configured to activate a flush when the actuator is activated. The language of claims 11 and 12 therefore result in confusion as to whether multiple distinct actuators are being claimed and required or if the singular actuator is being further defined. It is noted that detaching the single actuator and attaching it to a different input appears to be a central part of the inventive concept.
Where a claim directed to a device can be read to include the same element twice, the claim may be indefinite. See MPEP 2173.05(o).
Claim 13 is rejected due to its dependency from claim 12.
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.
Claims 1-5, 7 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 4,392,260 (Bensen)
Regarding claim 1, Bensen discloses a printed circuit board (PCB) (34, C3 L53-58) for controlling a flush of a toilet, the PCB comprising:
a plurality of input connectors, including a first input connector (physical switch connection leading to 76 and its timing circuit) corresponding to a first flush volume and a second input connector (physical switch leading to 77 and its timing circuit) corresponding to a second flush volume (C3 L19-23, C5 L15-45) (the flush volume control circuits have physical connections at a switch which the actuator has to engage with to flush that volume);
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wherein a flush actuator (15/16 – the user interface/buttons are the flush actuator) is configured to be connected to only one of the first input connector or the second input connector at a time to select the flush value for the toilet (The actuator is not fully connected with either first or second input connector until the button is pressed closing the switch and thereby forming the full connection and Bensen does not disclose that they are both operable at the same time and instead indicates use of only one at a time - Abstract);
a control circuit configured to generate a control signal to open a valve (38) for a first time period corresponding to the first flush volume when the actuator is connected to the first input connector and activated and to open the valve for a second time period corresponding to the second flush volume when the actuator is connected to the second input (C3 L19-23, C5 L15-45; When a user pushes button 15 or 16 it connects the actuator to the input connector and activates the flush system for that predetermined volume)
Regarding claim 2, Bensen discloses a first timer (76/78/79/80) connected to the first input connector and a second timer (77/82/83/84) connected to the second input (C5 L46 – C6 L47).
Regarding claim 3, Bensen discloses the actuator (user input comprising buttons 15/16) is connected to the first input connector to complete a circuit to the printed circuit board to select the first flush volume (Fig. 6).
Regarding claim 4, Bensen discloses that the first input connector corresponds to a first light (90) for the actuator and the second input connector corresponds to a second light (91) for the actuator (C6 L48-56).
Regarding claim 5, Bensen discloses that a connector is connected to the first input connector to select the first flush volume (Fig. 1, 6 – the actuator button is physically mounted to the device and then physically moved such that a portion of it – a connector - connects with the first input connector to close the switch and select the first flush volume).
Regarding claim 7, Bensen discloses that the valve (38) is a flush valve.
Regarding claim 20, Bensen disclose a method of operation of a toilet, the method comprising:
connecting a button (15/16) to a circuit board (34, C3 L53-58) at one of a plurality of available input connectors (switch leads to timing circuits 76/77) each corresponding to a flush volume (Fig. 6; C3 L19-23, C5 L15-45), wherein the button is connectable to all of the plurality of available input connectors (the user interface/button 15/16 can be selectively connected to either input connector by pressing the button) and the one of the plurality of input connectors is pre-selected (In so much as Applicant’s is preselected, a user would choose which to utilize);
receiving a signal from the button (C5 L19-21); and
opening at least one valve based on the signal and the flush volume of the connected input connector (C3 L19-23, C5 L15-45).
Claim 20 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 9,169,626 (Guler).
Regarding claim 20, Guler discloses a method of configuration and operation of a toilet, the method comprising:
connecting a button (255/256) to a circuit board (300) at one of a plurality of available input locations connectors (320) each corresponding to a flush volume (C9 L51-54, C18 L5-34 – the jumper comprises a plurality of physical connection points which are selected by attaching a physical connection to complete the circuit, as detailed a user makes the connection based upon desired flush volumes), wherein the button is connectable to all of the plurality of available input connectors and the one of the plurality of available input connectors is pre-selected (C9 L51-54, C18 L5-34 – the button can be connected to any connection point for an associated flush volume and one is chosen during setup/installation so is pre-selected);
receiving a signal from the button (C18 L5-34 – buttons generate a signal at the circuit board; Fig. 24, 25); and
. opening at least one valve based on the signal and the flush volume of the connected input connector location (C18L5-34; Fig. 24, 25).
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.
Claims 1-5 and 7 are rejected in the alternate and claims 6 and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Guler in view of Bensen.
Regarding claim 1, Guler discloses a circuit board (300) for controlling a flush of a toilet, the circuit board comprising:
a plurality of physically distinct input connectors (320), including a first input connector corresponding to a first flush volume and a second input connector corresponding to a second flush volume (C9 L51-54, C18 L5-34 – the jumper comprises a plurality of physical connection points for different flush volumes which are selected by completing a physical connection);
wherein a flush actuator (255/255a) is configured to be connected to only one of the first input connector or the second input connector at a time to select a flush volume for the toilet (C9 L51-54, C18 L5-34 the actuator connects to a single input connector to select a single flush volume); and
a control circuit (Fig. 4-6, 300) configured to generate a control signal to open a valve (40, C12 L25-29) for a first time period corresponding to the first flush volume when the actuator is connected to the first input connector and activated and to open the valve for a second time period corresponding to a second flush volume when the actuator is connected to the second input connector and activated (C9 L51-54, C18 L5-34 – One flush volume per input connector, only flushes that volume when connected to one such input connector; Figs. 23, 23A, C22 L64 – C23L2, C23 L15-18 – flushing based upon measured time).
While Guler discloses the use of a circuit board with a plurality of physical distinct input connectors for different flush settings it does not explicitly state whether it is a printed circuit board.
Bensen teaches a PCB (C3 L53-58) for controlling a flush of a toilet, the PCB comprising a first input (switch/connection to circuit of timer 76) corresponding to a first flush volume and a second input (switch/connection to circuit of timer 77) corresponding to a second flush volume (C3 L19-23, C5 L15-45) as well as a flush actuator (button assembly 15/16) selectively configured to be connected to only one of the first input connector or the second input connector at a time to select a flush volume for the toilet. A provided control circuit is configured to generate a control signal to open a valve (38) for a first time period corresponding to the first flush volume when the actuator is connected to the first input connector and is activated and open the valve for a second time period corresponding to the second flush volume when the actuator is connected to the second input connector and activated (C3 L19-23, C5 L15-45).
It would have been obvious to one of ordinary skill in the art to utilize a printed circuit board, as taught by Bensen, for reduced manufacturing costs and/or increased reliability (printed circuit boards having preformed/defined connections).
Regarding claim 2, Guler in view of Bensen teaches that the first and second flush volumes are achieved through opening the flush valve for different timings as previously discussed. Guler, however, does not explicitly state if this is achieved through the inclusion of a first timer connected to the first input and a second timer connected to the second input or another arrangement.
Bensen teaches a PCB for controlling a toilet flush as previously discussed and further teaches a first timer (76/78/79/80) connected to its first input and a second timer (77/82/83/84) connected to its second input (C5 L46 – C6 L47).
It would have been obvious to one of ordinary skill in the art to provide a first timer connected to the first input and a second timer connected to the second input, as taught by Bensen, so as to facilitate individual control, reprogramming and/or diagnosing of individual timer/flush circuits and/or for purposes of manufacturing cost and/or complexity.
Regarding claim 3, Guler in view of Bensen teaches a printed circuit board as previously discussed. Guler further states that an actuator (255) is connected to the first input connector to complete a circuit to the circuit board to select the first flush volume.
Regarding claim 4, Guler in view of Bensen teaches a printed circuit board as previously discussed. Guler further states the inclusion of a light (66) for indicating information to a user but doesn’t explicitly state the provision of a first and second light for the actuator corresponding to the first and second inputs.
Bensen teaches a PCB for flushing a toilet comprising first and second inputs for first and second flush volumes/times as previously discussed. Bensen further teaches the inclusion of an actuator (15/16) and that the first input corresponds to a first light (90) for the actuator and the second input corresponds to a second light (91) for the actuator (C6 L48-56).
It would have been obvious to provide a first and second light for the actuator corresponding to the first and second inputs, as taught by Bensen, so as to provide a user with a visual indication of the chosen/active flush volume/time/mode.
Regarding claim 5, Guler states that a connector is connected to the first input connector to select the first flush volume (C9 L51-54, C18 L5-34; Guler’s input connectors are physically distinct connection points on a jumper 320 and a physical connector is coupled to the selected input connector to assign/activate a flush volume and therefore time to use of the actuator).
Regarding claim 6, Guler states that the circuit board comprises input connectors for “one of several possible flushes for a short flush, a long flush, or an increased volume cleaning flush” (C18 L26-28) and lists at least four different flush volumes in addition to larger cleaning flush volumes (C18 L25-34). As such Guler establishes at least a third input connector corresponding to a third flush volume.
Regarding claim 7, Guler states that the valve is a flush valve (40; C12 L25-29).
Regarding claim 11, Guler discloses flushing assembly for a toilet C6 L11-12, C11 L60-61 – usable with urinals or toilets) comprising:
a water supply valve and a solenoid (40) configured to open and close the water supply valve (40; C12 L25-29);
a circuit board (300) for controlling the solenoid, the circuit board including:
a first input (320) corresponding to a first flush volume and a second input (320) corresponding to a second flush volume (C9 L51-54, C18 L5-34);
wherein a flush actuator (255/255a) is configured to be connected to only one of the first input connector or the second input connector at a time to select a flush volume for the toilet (C9 L51-54, C18 L5-34 the actuator connects to a single input connector to select a single flush volume); and
a control circuit (Figs. 4-6; 300) configured to generate a control signal to open a valve (40; C12 L25-29) for a first time period corresponding to the first flush volume when the actuator is connected to the first input connector and activated and to open the valve for a second time period corresponding to a second flush volume when the actuator is connected to the second input connector and activated (C9 L51-54, C18 L5-34 – One flush volume per input connector, only flushes that volume when connected to one such input connector; Figs. 23, 23A, C22 L64 – C23L2, C23 L15-18 – flushing based upon measured time).
While Guler discloses the use of a circuit board it does not explicitly state whether it is a printed circuit board and Guler doesn’t explicitly disclose a toilet which the flushing assembly is attached to..
Bensen teaches a flush toilet (11) provided with a PCB (C3 L53-58) for controlling the flushing of the toilet, the PCB comprising a first input (switch/connection to circuit of timer 76) corresponding to a first flush volume and a second input (switch/connection to circuit of timer 77) corresponding to a second flush volume (C3 L19-23, C5 L15-45) as well as a flush actuator (button assembly 15/16) selectively configured to be connected to only one of the first input connector or the second input connector at a time to flush a chosen volume for the toilet. A provided control circuit is configured to generate a control signal to open a valve (38) for a first time period corresponding to the first flush volume corresponding to the first flush volume when the actuator is connected to the first input connector and is activated and open the valve for a second time period corresponding to the second flush volume when the actuator is connected to the second input connector and activated (C3 L19-23, C5 L15-45).
It would have been obvious to one of ordinary skill in the art to install the toilet flush assembly onto a toilet, as taught by Bensen, as the device is configured for flushing toilet and so as to provide user’s with the ability to set their desired/required flush volumes based upon biological/medical needs, personal preference, economic concerns or local regulations.
It would have been obvious to one of ordinary skill in the art to utilize a printed circuit board, as taught by Bensen, for reduced manufacturing costs and/or increased reliability (printed circuit boards having preformed/defined connections).
Regarding claim 12, Guler in view of Bensen teaches a toilet as previously discussed. Guler, as previously discussed, further states that the toilet further comprises an actuator (255) configured to receive a user instruction (it’s a button that gets pressed by a user so receives user instructions).
Regarding claim 13, Guler in view of Bensen teaches a toilet with an actuator as previously discussed. Guler further states the inclusion of a light (66) for indicating information to a user but doesn’t explicitly state the provision of a first and second light for the actuator corresponding to the first and second inputs.
Bensen teaches a PCB for flushing a toilet comprising first and second inputs for first and second flush volumes/times as previously discussed. Bensen further teaches the inclusion of an actuator (15/16) and that the first input connector corresponds to a first light (90) for the actuator and the second input connector corresponds to a second light (91) for the actuator (C6 L48-56).
It would have been obvious to provide a first and second light for the actuator corresponding to the first and second input connectors, as taught by Bensen, so as to provide a user with a visual indication of the chosen/active flush volume/time/mode.
Regarding claim 14, Guler states that a connector is connected to the first input to select the first flush volume (C9 L51-54, C18 L5-34; Guler’s input connectors are physically distinct connection points on a jumper 320 and a physical connector is coupled to the selected input connector to assign/activate a flush volume and therefore time to use of the actuator).
Regarding claim 15, Guler states that the circuit board comprises input connectors for “one of several possible flushes for a short flush, a long flush, or an increased volume cleaning flush” (C18 L26-28) and lists at least four different flush volumes in addition to larger cleaning flush volumes (C18 L25-34). As such Guler establishes at least a third input connector corresponding to a third flush volume.
Regarding claim 16, Guler states that the water supply valve is a flush valve opened by a drive mechanism (C12 L25-29 - The flush valve is opened by the solenoid which is a drive mechanism).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Bensen in view of US 2005/0028260 (Ling).
Regarding claim 6, Bensen discloses the provision of a first and second input connectors for selecting a first and second flush volume but does not explicitly disclose the inclusion of a third input connector for a third volume.
Ling teaches a control circuit (22) for controlling flushing valves (2/3) of a toilet wherein the control circuit is configured to provide a urine flushing mode and three different solid waste flushing modes selected with a connector (23) each of which requires opening flushing valves for different time durations (Para. 0039-0040; Table on Pg. 3).
It would have been obvious to one of ordinary skill in the art to provide a third input connector facilitating provision of a third flush volume, as taught by Ling, to provide the capability of selecting an additional flushing volume as required/desired by different users/regulators and/or to facilitate greater control of water use by users of the toilet.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Guler in view of Bensen as applied to claim 1 above, and further in view of US 10,072,408 (Huynh).
Regarding claim 8, Guler in view of Bensen teaches a PCB comprising first and second inputs corresponding to first and second flush volumes and times for opening a valve. Guler, however, states that the valve being controlled is a flush valve and doesn’t state that a trapway valve is being controlled.
Huynh teaches a control system (700) for flushing a toilet (100) comprising first and second inputs corresponding to first and second flush volumes (C6 L21-30; 720/721 are buttons which send signals to inputs of the controller 710), a controller (710) and a timer (711). The controller responds to signals from the inputs to control a water supply valve comprising flush valves (211/311/312) and a trapway valve (141). Huynh teaches that the first and second flush volumes are determined by the duration/time for which the water supply valves area open (C5 L31-57) and that the timing of the opening of the trapway valve is linked to the timing of the opening of the flush water valves (C6 L31 – C7 L11).
It would have been obvious to one of ordinary skill in the art to configure the PCB to control the operation of a trapway valve as part of controlling the operation of the water supply valve, as taught by Huynh, to facilitate use of the PCB on a greater variety of toilet models for greater commercial applicability.
Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Bensen in view of US 2007/0056084 (Watt).
Regarding claims 9-10, Bensen discloses a PCB for controlling the flushing of a toilet as previously discussed. Bensen, however, does not state the inclusion of first and second seating sensor inputs which activate first and second seat closing time periods.
Watt teaches a control system for flushing a toilet comprising a control circuit (120) with a first sensor input corresponding to a first automatic seat timing (Para. 0168 - Sensor 111 communicates with the control circuit to close the seat upon sensor activation as a ‘first time period’- signal and close without delay) and a second sensor input corresponding to a second automatic seat timing which causes the seat to automatically close after a second time period when a sensor is connected to the first or second sensor inputs (Para. 0169-0171 - Sensor 110 communicates with the control circuit to signal a user has left the area which results in a time delay, a flushing sequence, another delay and then closing of the seat for a ‘second time period’).
It would have been obvious to one of ordinary skill in the art to provide the PCB with first and second sensor inputs corresponding to different first and second automatic seat timings and periods, as taught by Watt, to provide greater functionality to the PCB by facilitating it’s control of the toilet assembly to respond to changing conditions/various scenarios within the bathroom such as users forgetting to close the seat or requiring actions out of a pre-programmed sequence (close the seat now/immediately).
Claims 9-10 and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Guler in view of Bensen as applied to claims 1 and 11 above and further in view of US Watt.
Regarding claims 9-10, Guler in view of Bensen teaches a PCB for controlling the flushing of a toilet as previously discussed. Guler, however, does not state the inclusion of first and second seating sensor inputs which activate first and second seat closing time periods.
Watt teaches a control system for flushing a toilet comprising a control circuit (120) with a first sensor input corresponding to a first automatic seat timing (Para. 0168 - Sensor 111 communicates with the control circuit to close the seat upon sensor activation as a ‘first time period’- signal and close without delay) and a second sensor input corresponding to a second automatic seat timing which causes the seat to automatically close after a second time period when a sensor is connected to the first or second sensor inputs (Para. 0169-0171 - Sensor 110 communicates with the control circuit to signal a user has left the area which results in a time delay, a flushing sequence, another delay and then closing of the seat for a ‘second time period’).
It would have been obvious to one of ordinary skill in the art to provide the PCB with first and second sensor inputs corresponding to different first and second automatic seat timings and periods, as taught by Watt, to provide greater functionality to the PCB by facilitating it’s control of the toilet assembly to respond to changing conditions/various scenarios within the bathroom such as users forgetting to close the seat or requiring actions out of a pre-programmed sequence (close the seat now/immediately).
Regarding claims 18-19, Guler in view of Bensen teaches a flush toilet with a PCB as previously discussed. Guler, however, does not state the inclusion of first and second seating sensor inputs which activate first and second seat closing time periods.
Watt teaches a control system for flushing a toilet comprising a control circuit (120) with a first sensor input corresponding to a first automatic seat timing (Para. 0168 - Sensor 111 communicates with the control circuit to close the seat upon sensor activation as a ‘first time period’- signal and close without delay) and a second sensor input corresponding to a second automatic seat timing which causes the seat to automatically close after a second time period when a sensor is connected to the first or second sensor inputs (Para. 0169-0171 - Sensor 110 communicates with the control circuit to signal a user has left the area which results in a time delay, a flushing sequence, another delay and then closing of the seat for a ‘second time period’).
It would have been obvious to one of ordinary skill in the art to provide the PCB with first and second sensor inputs corresponding to different first and second automatic seat timings and periods, as taught by Watt, to provide greater functionality to the PCB by facilitating it’s control of the toilet assembly to respond to changing conditions/various scenarios within the bathroom such as users forgetting to close the seat or requiring actions out of a pre-programmed sequence (close the seat now/immediately).
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Guler in view of Bensen as applied to claim 11 above and further in view of US 3,965,492 (Hendricks).
Regarding claim 17, Guler in view of Bensen teaches a flush toilet with a PCB which is configured to open a solenoid flush valve as previously discussed but doesn’t state the inclusion of a trapway valve opened by a spring.
Hendricks teaches a control system for flushing a toilet comprising an actuator (51) connected to an input, a motor (43) and a timer (42). A flush valve (20) is provided to supply water to the toilet bowl and a trapway valve (28) which is closed by a solenoid (31) and opened by a spring (32).
It would have been obvious to one of ordinary skill in the art to provide the toilet with a trapway valve opened by a spring, as taught by Hendricks, so as to facilitate opening and closing off the trapway during flush processes as desired/required for flush efficiency, power or other design choices and installation conditions.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2010/0263116 (Pinizzotto) teaches a flush controller comprising first and second flush actuators which can activate different flush volumes as set by a user ahead of time.
US 5,603,127 (Veal) is an auto flush toilet with a plurality of distinct physical connections on its controller for attachment of sensors and controllers.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 NICHOLAS A ROS whose telephone number is (571)270-3577. The examiner can normally be reached Mon.-Fri. 9:00-6:00.
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.
/NICHOLAS A ROS/Examiner, Art Unit 3754
/DAVID P ANGWIN/Supervisory Patent Examiner, Art Unit 3754
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